Terms and Conditions

Last Updated: February 12, 2025

1. Introduction and Agreement

This Terms and Conditions Agreement (this "Agreement") is a legally binding agreement between you ("you" or "Customer") and Bored Service Desk LLC ("Bored Service Desk," "we," "our," or "us") governing your access to and use of our website (boredservicedesk.com), application (app.boredservicedesk.com), and all related services (collectively, the "Services").

PLEASE READ THIS AGREEMENT AND OUR PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY (available at boredservicedesk.com/privacy). IF YOU DO NOT AGREE WITH ANY PROVISIONS OF THIS AGREEMENT OR OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SERVICES.

Enterprise customers require a separate Enterprise Agreement. Where there is any conflict between this Agreement and an Enterprise Agreement, the terms of the Enterprise Agreement will control. Please contact our sales team at sales@boredservicedesk.com to learn more about Enterprise terms.

When you access or use the Services, you:

  • Acknowledge that you have read and understand this Agreement and our Privacy Policy
  • Represent that you are 18 years of age or older
  • Accept this Agreement and Privacy Policy and agree to be legally bound by their terms

2. Defined Terms

  • "AI Tools" means artificial intelligence models, tools, and technologies including but not limited to large language models (LLMs) from OpenAI, Anthropic, Groq, and other providers.
  • "Authorized User" means anyone who is granted access to a Company account either via express invitation or through SSO integration (which must be expressly authorized by Customer).
  • "Content" means any data of any type submitted to or posted to the Services by or on behalf of the Customer, including without limitation: service requests, chat messages, documentation, files, and data imported from Third-Party Platforms.
  • "Customer" refers to the original account creator or company, if the account is created on behalf of a company.
  • "Customer Data" means any data and information that you or Users provide to Bored Service Desk in connection with their use of the Services.
  • "Output" means any generated text, information, suggestions, code, or other materials produced by the Services in response to Customer Data or user interactions.
  • "Protected Health Information" means any patient, medical or other protected health information regulated by HIPAA.
  • "Personal Identifying Information" means any of the following:
    • Information that may identify a specific individual
    • Credit, debit or other payment card data subject to PCI DSS
    • Personal data of European Union residents as defined in GDPR
  • "Third-Party Platform" means any software, software-as-a-service, data sources or other products or services not provided by Bored Service Desk that are integrated with the Services.

3. Account

Use of the Services requires a Bored Service Desk account. You agree to provide complete and accurate information when registering for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Our Services are not directed to anyone younger than 18, and access and use of the Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information represents that they are 18 years of age or older.

4. Security

Bored Service Desk agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Services or Customer Data. However, Bored Service Desk will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond our control.

5. Cloud Services and Third Party Platforms

You acknowledge and agree as follows: (a) we provide the Services using cloud computing services of one or more third party cloud providers (collectively, the "Cloud Providers"); (b) the price at which we could afford to offer the Services would vary if we provided the Services other than using such cloud services; and (c) we shall not be responsible or liable to you for any act, omission or failure of any Cloud Provider.

The Services may depend upon, interact with or enable access to Third Party Platforms, which may be accompanied by separate terms of use. The Services may support integrations with certain Third-Party Platforms. To enable these integrations, you may need to input credentials for the Services to access and receive relevant information. By enabling use of the Services with any Third-Party Platform, you authorize Bored Service Desk to access your accounts with such Third-Party Platform for the purposes described in these Terms.

You are solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers. You acknowledge and agree that Bored Service Desk has no responsibility or liability for any Third-Party Platform or any Customer Data exported to a Third-Party Platform.

We do not guarantee that the Services will maintain integrations with any Third-Party Platform and may disable integrations at any time with or without notice. These Terms govern your use of and access to the Services, even if accessed through an integration with a Third-Party Platform.

6. Content and Data

6.1 Content Ownership and License

  • You retain all rights to your Content
  • You grant us a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Content solely to provide the Services
  • You represent that you have the right to share any Content you post
  • We reserve the right to monitor, edit and/or remove Content

6.2 Content Restrictions

Customer specifically agrees not to use the Services to collect, store, process or transmit:

  • Protected Health Information (the Services are not HIPAA compliant)
  • Payment card information (the Services are not PCI DSS compliant)
  • Personal Identifying Information beyond what is necessary for account creation and basic service usage

6.3 Content Export

Customers have the right to export all Content up to 30 days after service termination. Exports will be provided in a machine-readable format but we make no claims about suitability for import into other platforms.

7. AI Services

7.1 AI Output Disclaimer

  • AI responses are generated by machine learning models
  • Outputs may be inaccurate, incomplete, or outdated
  • Human review required for important decisions
  • No guarantee of accuracy or completeness
  • Results may vary based on input quality
  • Past outputs may not reflect current capabilities

7.2 Third-Party AI Providers

Our Services utilize AI capabilities from:

  • OpenAI
  • Anthropic
  • Groq
  • Azure OpenAI

Each provider's terms and limitations apply. We are not liable for:

  • Provider service interruptions
  • Changes in provider capabilities
  • Provider data handling practices
  • Provider terms modifications
  • Decisions based on AI outputs

7.3 AI Usage Guidelines

Users should:

  • Verify important information
  • Use human judgment
  • Not rely solely on AI outputs
  • Report incorrect responses
  • Follow security protocols
  • Respect usage limits

8. Subscription Term, Fees & Payment

Auto-Renewal and Cancellation

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless cancelled or modified. Either party can give notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the Subscription from automatically renewing. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

Account Suspension for Non-Payment

If any fees owed to us (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may suspend any fee-based Service until those amounts are paid in full, provided we have given you ten (10) or more days' prior notice that your account is overdue.

Payment

A valid payment method is required to process the payment for your Subscription. You shall provide Bored Service Desk with accurate and complete billing information and automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Bored Service Desk may, at its sole discretion, offer a Subscription with a free trial for a limited period of time. You may be required to enter your billing information to sign up for the Free Trial, but you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless cancelled, you will be automatically charged the applicable Subscription fees for the type of Subscription selected.

Fee Changes

Bored Service Desk may modify the Subscription fees at any time. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9. Feedback

The more suggestions our customers make, the better the Services become. If you send us any feedback or suggestions regarding the Services, there is a chance we will use it, so you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you. If we choose not to implement the suggestion, please don't take it personally. We appreciate it nonetheless.

10. Copyright Policy

10.1 DMCA Notice

We respect intellectual property rights. If you believe your copyright has been infringed, submit a DMCA notice to support@boredservicedesk.com including:

  • Your electronic or physical signature
  • Description of the copyrighted work
  • Location of the allegedly infringing material
  • Your contact information
  • Statement of good faith belief of infringement
  • Statement of accuracy under penalty of perjury

10.2 Response to Notices

We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion.

11. Disclaimers

THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CUSTOMER ACKNOWLEDGES THAT:

  • WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICES WILL BE CORRECTED

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORED SERVICE DESK LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  • DAMAGES RELATED TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
  • DAMAGES RELATED TO ANY CONTENT OBTAINED FROM THE SERVICES
  • DAMAGES FROM UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  • DAMAGES ARISING FROM OR RELATED TO AI GENERATED CONTENT OR AI MODEL OUTPUTS
  • DAMAGES RESULTING FROM DECISIONS MADE BASED ON USE OF THE SERVICES

THIS LIMITATION APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO BORED SERVICE DESK LLC FOR USE OF THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

13. Force Majeure

Neither Bored Service Desk LLC nor Customer will be liable for any failure or delay in the performance of its obligations due to events beyond the reasonable control of a party, which may include:

  • Natural disasters or acts of God
  • Denial-of-service attacks or other cybersecurity incidents
  • Failures or unavailability of third-party AI service providers
  • Failures by cloud infrastructure providers
  • Internet service provider failures or delays
  • Governmental actions or restrictions
  • Labor disputes or strikes
  • Shortages of supplies or services
  • Riots, civil unrest, or social upheaval
  • Acts of war or terrorism
  • Epidemics, pandemics, or public health emergencies
  • Unusual power outages or utility disruptions

The affected party will:

  • Promptly notify the other party of the force majeure event
  • Use reasonable efforts to minimize the impact
  • Resume performance as soon as reasonably practicable

If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected services upon written notice to the other party.

14. General Provisions

14.1 Governing Law

These Terms are governed by New Jersey law.

14.2 Disputes

  • Informal resolution attempted first
  • Arbitration for unresolved disputes
  • Class actions waived
  • Venue in New Jersey

14.3 Modifications

We may modify this Agreement with notice.

14.4 Assignment

You may not assign this Agreement without our consent.

14.5 Severability

Invalid provisions will be modified to be valid.

14.6 Entire Agreement

This Agreement is the complete agreement between parties.

15. Contact Information

Bored Service Desk LLC 68 White St STE 194 Red Bank, NJ 07701 Email: support@boredservicedesk.com