These Terms of Service (the “Terms”) govern access to and use of the Nectar Desk website at www.nectardesk.com and the cloud call center software and related services we provide (together, the “Services”). The Services are offered by Hipaa Software Solutions Inc. (dba Nectar Desk) (“we”, “us”, or “Nectar Desk”).

By creating an account, requesting a demo, paying for a subscription, or otherwise using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

1. The Services

Nectar Desk is cloud call center software. Features currently marketed on this site include inbound and outbound voice, IVR, ACD, call recording, omnichannel inbox (email, SMS, live chat, and supported social channels), dialers, analytics, and CRM integrations. Feature availability depends on the plan you purchase, as described on Pricing.

We may change, suspend, or discontinue parts of the Services. Material changes that affect paying customers will be communicated through the account, email, or a notice on the website.

2. Accounts

You must provide accurate registration information and keep it current. You are responsible for activity under your account, including agents you invite. Keep passwords confidential and use multi-factor authentication where available. You must be at least 18 years old to register.

Notify us promptly at [email protected] if you believe an account has been compromised.

3. Fees and billing

Paid plans are billed per active agent per month. Current published prices start at $50 per agent per month. Enterprise pricing is custom. Until a self-serve trial host is available, new customers request a demo rather than start an online trial.

You may add or remove agents; charges adjust to active agents. There is no long-term contract on published self-serve plans: you may cancel at any time. We accept Visa, Mastercard, American Express, and PayPal. Fees are exclusive of taxes unless stated otherwise. Unpaid amounts may result in suspension.

4. Acceptable use

You will not use the Services to:

• Violate applicable law, including telemarketing, TCPA/CRTC, spam, or privacy rules
• Call or message numbers on Do Not Call lists you are required to honor
• Transmit malware, or attempt to probe or disrupt the platform
• Misrepresent your identity or the origin of communications
• Process content you do not have the right to process
• Resell the Services except under a written partner or white-label agreement

We may suspend accounts that we reasonably believe violate this section. Outbound dialing and messaging remain your compliance responsibility; see also Security & Compliance.

5. Customer data and recordings

You retain rights to the customer records, call recordings, messages, and other content you submit to the Services (“Customer Data”). You grant us a limited license to host, process, and transmit Customer Data solely to provide and support the Services, including backups and security.

Call recording, logging, and analytics features are provided so you can operate a contact center. You are responsible for obtaining any consent required in the jurisdictions where you record or store communications.

How we handle personal information is described in the Privacy Policy.

6. Third-party services

Integrations (for example HubSpot and other CRMs listed on Integrations) are provided by third parties. Their terms apply to your use of those products. We are not responsible for third-party outages, data handling, or fees.

7. Intellectual property

The Services, including software, documentation, trademarks, and the Nectar Desk name and logos, are owned by us or our licensors. These Terms do not transfer ownership. You may not copy, reverse engineer, or create derivative works of the platform except as allowed by law.

8. Confidentiality

Each party may receive non-public information from the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party.

9. Warranties and disclaimers

We provide the Services using commercially reasonable care and in line with the security practices described on Security & Compliance (HIPAA, SOC 2, PCI DSS, and GDPR standards as stated there). Except as expressly stated, the Services are provided “as is” without warranties of uninterrupted operation, fitness for a particular purpose, or non-infringement.

Telephony depends on carriers, browsers, and internet connectivity we do not control. Emergency calling (E911 and equivalents) may not be available or may have limitations compared with traditional phone service. Do not rely on the Services as your only means of reaching emergency services.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or substitution costs, even if advised of the possibility.

Our total liability arising out of these Terms or the Services will not exceed the amounts you paid us for the Services in the twelve (12) months before the claim. These limits do not apply to liability that cannot be limited under applicable law.

11. Indemnity

You will defend and indemnify Nectar Desk against claims arising from your Customer Data, your use of the Services in violation of these Terms or law, or your outbound calling and messaging campaigns.

12. Term and termination

These Terms continue while you use the Services. You may stop using the Services and cancel your subscription at any time. We may suspend or terminate access for non-payment, material breach, or legal risk. After termination, we may delete Customer Data after a commercially reasonable retention period except where law requires longer retention.

13. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Courts located in Ottawa, Ontario have exclusive jurisdiction, except that we may seek injunctive relief in any venue.

14. Changes

We may update these Terms. The “Last updated” date above will change. Material changes become effective 30 days after posting on this page or notice to the account email, whichever we use. Continued use after that date constitutes acceptance. The Privacy Policy describes a similar notice process.

15. Contact

Questions about these Terms: [email protected], +1 877 777 5728, or 310-261 Montreal Road, Ottawa, K1L 8C7, Canada.

Related pages: Privacy Policy, Security & Compliance, Contact.