These Terms of Use ("Terms") are a legally binding agreement between you and Desk, Inc., a Delaware corporation ("Desk," "we," "us," or "our"). By creating an account, logging in, or otherwise using the Desk platform (the "Services"), you agree to be bound by these Terms and our Privacy Policy at desk.us/legal.
If you are using the Services on behalf of a brokerage or other organization, you represent that you have authority to bind yourself to these Terms. Your brokerage may also be party to a separate Subscription Agreement with Desk; if any provision of that Subscription Agreement conflicts with these Terms, the Subscription Agreement controls.
You must be at least eighteen (18) years old to use the Services.
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the platform at least thirty (30) days before the changes take effect. Your continued use of the Services after the updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Services before they take effect.
"AI Content" means any output generated by Desk's artificial intelligence features, including drafted documents, extracted data, transaction summaries, compliance suggestions, form guidance, and responses to questions.
"Customer" means the brokerage or other entity that has entered into a Subscription Agreement with Desk.
"Your Data" means all documents, records, emails, attachments, transaction data, and other content that you or your brokerage provide to or generate within the Services.
"Services" means the Desk platform and all related features, including AI-powered document processing, transaction management, electronic signature facilitation, data integrations, and the transaction paperwork assistant.
"User" or "you" means any individual who accesses or uses the Services, whether as a brokerage administrator, designated broker, managing broker, agent, or other authorized personnel.
Your account is created and managed by your brokerage's administrator. You are responsible for keeping your login credentials confidential and for all activity under your account. You must notify Desk immediately if you become aware of any unauthorized use of your account.
Your brokerage administrator may have visibility into your activity on the platform, including transactions, documents, and communications processed through the Services. This is standard for how real estate brokerages operate.
Desk may suspend or terminate your access if you violate these Terms, the Privacy Policy, or applicable law, or if your brokerage's Subscription Agreement is terminated or suspended.
4.1 AI Is Integral to the Services
Desk uses artificial intelligence throughout the platform to read and process emails, organize documents, extract transaction data, draft paperwork, track deadlines, and answer questions. You acknowledge that AI is part of the core functionality of the Services and is not a separable feature.
4.2 AI Content Is Assistive, Not Authoritative
AI Content is provided for assistive purposes only. It does not constitute legal, financial, tax, or professional advice of any kind. While Desk's AI is designed to be accurate and improves over time, it is not perfect and will occasionally produce errors, omissions, or inaccuracies.
4.3 Human Review Required
Because AI Content may contain errors, you agree that a qualified person at your organization will review AI Content for accuracy before it is sent to clients, signed, submitted to third parties, or otherwise relied upon. You are responsible for all decisions made and actions taken based on AI Content, whether by you, your brokerage's administrative staff, or your agents.
4.4 No Liability for AI Content
Desk shall have no liability for errors, omissions, or inaccuracies in AI Content, except to the extent caused by Desk's own willful misconduct or gross negligence. You agree to hold Desk harmless from any claims, damages, or losses arising from reliance on AI Content without independent verification.
4.5 AI Training and Improvement
You acknowledge that Desk may use interactions with the Services, including your queries and feedback, to improve platform features and accuracy. Any such use is in accordance with our Privacy Policy and does not expose your data to other users. Generalized learnings, model weights, and patterns derived from operating the Services belong to Desk.
You acknowledge that, pursuant to your brokerage's authorization in the Subscription Agreement, Desk accesses, reads, and processes emails and attachments from designated email addresses to provide the Services. Desk also sends emails on your brokerage's behalf and organizes your brokerage's mailbox. You are responsible for ensuring that communications sent through the Services comply with applicable law, including the CAN-SPAM Act and state regulations.
Google API Compliance
To the extent that the Services access Google user data through Google APIs, Desk's use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Specifically: (a) Desk will only use access to read, write, modify, or control Gmail message bodies (including attachments), metadata, headers, and settings to provide the transaction management functionality that you have authorized; (b) Desk will not use this data for serving advertisements; (c) Desk will not allow humans to read your data unless we have your affirmative agreement for specific messages, it is necessary for security purposes such as investigating abuse, to comply with applicable law, or for Desk's internal operations where the data has been aggregated and anonymized; (d) Desk will not transfer this data to third parties except as necessary to provide the Services, as required by law, or in connection with a merger, acquisition, or asset sale (with equivalent protections); and (e) Desk does not use data received through Google APIs to train generalized or non-personalized AI or machine learning models.
Microsoft API Compliance
To the extent that the Services access Microsoft user data through Microsoft Graph or Outlook APIs, Desk will use that data solely to provide the Services and will comply with applicable Microsoft API terms of use and data protection requirements.
Desk facilitates electronic signatures through integrated third-party providers. The specific provider may change from time to time; Desk will maintain continuity of electronic signature functionality but specific features may vary between providers.
You are solely responsible for determining whether electronic signatures comply with applicable law for your particular transactions, including the federal E-SIGN Act and applicable state laws such as the Uniform Electronic Transactions Act (UETA). Desk makes no representations or warranties about the legal validity or enforceability of any electronic signature facilitated through the Services.
7.1 Ownership
Your Data belongs to you or your brokerage. Nothing in these Terms transfers ownership of Your Data to Desk.
7.2 License Grant
By using the Services, you (and, if applicable, your brokerage through its Subscription Agreement) grant Desk a non-exclusive, worldwide, royalty-free license to use, process, store, analyze, reproduce, display, and create derivative works from Your Data for the purposes of: providing and operating the Services; training and improving Desk's AI; creating anonymized and aggregated analytics from closed transaction data; and complying with applicable law. After termination of the applicable Subscription Agreement, this license survives only for (a) data that has been anonymized and aggregated in accordance with our Privacy Policy, and (b) data that Desk is required to retain by law.
7.3 Data Practices
Full details on how Desk collects, uses, protects, and shares your data, including our commitments regarding data isolation, anonymization, and closed-transaction-only derivative use, are set forth in our Privacy Policy at desk.us/privacy and, where applicable, in your brokerage's Subscription Agreement.
Desk retains all rights, title, and interest in and to the Services, including the platform, software, AI models, algorithms, documentation, and any improvements or generalized learnings derived from operating the Services. You receive a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the term of your brokerage's Subscription Agreement.
You may not reverse engineer, decompile, or attempt to derive the source code of any part of the Services. You may not copy, modify, distribute, sell, or lease any part of the Services. You may not use the Services to build a competing product or service.
Any feedback, suggestions, or feature requests you provide to Desk become Desk's property and may be used without restriction or compensation.
You agree not to:
(a) use the Services for any illegal purpose or in violation of any applicable law;
(b) attempt to access, view, or query another customer's data through any means, including through AI features;
(c) attempt to manipulate, circumvent, or interfere with the Services' AI systems, security measures, or access controls;
(d) use the Services to generate content that is harmful, threatening, abusive, defamatory, or otherwise objectionable;
(e) alter, delete, or manipulate transaction records to reduce fees owed or to misrepresent the status of any transaction;
(f) use automated scripts, bots, or other unauthorized tools to access the Services;
(g) transmit viruses, malware, or other harmful code through the Services;
(h) interfere with or disrupt the integrity or performance of the Services;
(i) use the Services if you are a direct competitor of Desk without Desk's prior written consent; or
(j) assist or encourage any third party to do any of the foregoing.
Violation of this section may result in immediate suspension or termination of your access.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DESK DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, DESK DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) AI CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) THE RESULTS OBTAINED FROM THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DESK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE FEES PAID BY YOUR BROKERAGE (CUSTOMER) TO DESK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT WILL DESK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT DESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THIS SECTION LIMITS DESK'S LIABILITY FOR ITS OWN WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, DESK'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Desk and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) reliance on AI Content by you, your brokerage's administrative staff, or your agents; (c) your breach of these Terms or the Privacy Policy; (d) your violation of any applicable law; (e) your data or content; or (f) disputes between you and third parties related to transactions managed through the Services.
Desk will defend, indemnify, and hold you harmless from third-party claims alleging that the Desk platform infringes a United States copyright, trademark, or patent, provided that you promptly notify Desk of the claim and give Desk reasonable control of the defense. This indemnity does not cover claims arising from Your Data, your combination of the Services with third-party products, or your violation of these Terms. If such a claim arises, Desk may, at its option: (a) procure the right for you to continue using the Services; (b) modify the Services to be non-infringing; or (c) terminate the applicable Subscription Agreement and refund any prepaid unused fees.
These Terms are effective when you first access or use the Services and remain in effect until terminated. Your access is tied to your brokerage's active Subscription Agreement; if that agreement expires or terminates, your access ends accordingly.
Desk may suspend or terminate your individual access at any time if you violate these Terms, the Privacy Policy, or applicable law, or if directed by your brokerage administrator.
The following sections survive termination: Sections 4 (Artificial Intelligence), 7 (Your Data), 8 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 16 (General Provisions).
14.1 Governing Law
These Terms are governed by the laws of the State of Washington, without regard to conflict of laws principles.
14.2 Informal Resolution
Before initiating any formal proceeding, the claiming party must send the other a written notice describing the dispute, the relief sought, and the relevant facts. The parties will have thirty (30) days from receipt to attempt to resolve the dispute informally. Neither party may initiate arbitration or litigation until this period has expired.
14.3 Binding Arbitration
If a dispute is not resolved informally, it will be resolved through binding arbitration administered by the American Arbitration Association ("AAA") or JAMS, in King County, Washington, before a single arbitrator with at least ten (10) years of experience in commercial contracts. The arbitrator's decision is final and binding.
14.4 Class Action Waiver
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
14.5 Exceptions
Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its confidential information or intellectual property rights. Either party may bring individual claims in small claims court if the claim qualifies.
14.6 Opt-Out
You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@desk.us within thirty (30) days of first accepting these Terms. If you opt out, disputes will be resolved in state or federal courts in King County, Washington, and you consent to the exclusive jurisdiction of those courts.
Our collection, use, and protection of personal information is described in our Privacy Policy at desk.us/legal, which is incorporated into these Terms by reference.
Entire Agreement.
These Terms, together with the Privacy Policy and any applicable Subscription Agreement, constitute the entire agreement between you and Desk regarding the Services.
Severability.
If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions continue in full force.
No Waiver.
Desk's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment.
You may not assign your rights under these Terms without Desk's prior written consent. Desk may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Force Majeure.
Neither party is liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, internet or infrastructure failures, or third-party service outages.
Notices.
Desk may send notices through the platform, by email to the address associated with your account, or by other reasonable means. Notices to Desk should be sent to legal@desk.us or by certified mail to Desk, Inc., 3600 136th Pl SE Suite 300, Bellevue, Washington 98006.
Independent Contractors.
The relationship between you and Desk is that of independent parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
Electronic Agreement.
By clicking "I Agree," creating an account, or using the Services, you are entering into these Terms electronically, and your electronic acceptance has the same legal force as a handwritten signature.
If you have questions about these Terms, contact us at:
Desk, Inc. 505 Broadway E #202, Seattle, WA 98102 Email: legal@desk.us
Desk, Inc. ("Desk," "we," "us," or "our") provides a transaction management platform for real estate brokerages. This Privacy Policy explains how we collect, use, store, share, and protect information when you use our platform, website, and related services (collectively, the "Services").
This policy applies to all users of the Services, including brokerage administrators, real estate agents, staff members, and any individuals whose information is processed through the Services (such as transaction parties who receive electronic signature requests or transaction notifications).
By using the Services or authorizing Desk to access your data, you acknowledge that you have read and understood this Privacy Policy. If you are using the Services on behalf of a brokerage, you represent that you have the authority to accept this policy on your own behalf.
2.1 Account Information
When your brokerage sets up an account, we collect names, email addresses, phone numbers, job titles, brokerage affiliation, license numbers, and login credentials or single-sign-on identifiers.
2.2 Email Content
With your brokerage's authorization, Desk accesses, reads, and processes emails and attachments from designated document delivery email addresses. This includes contracts, addenda, disclosures, inspection reports, title documents, lending documents, and any other attachments received at those addresses. We extract transaction data, party names, dates, property details, and other relevant information from these communications.
2.3 Transaction Data
Information related to real estate transactions processed through the Services, including property addresses, transaction terms, contract dates, deadlines, party names and contact information, commission details, and transaction status.
2.4 Documents
Files uploaded to or generated within the Services, including contracts, forms, disclosures, and documents prepared for electronic signature.
2.5 Third-Party Data
Data received from authorized third-party sources, including MLS data feeds (property listings, transaction status, sales data), public records and licensing databases, and electronic signature providers.
2.6 Usage Data
Information about how you interact with the Services, including features used, pages visited, actions taken, timestamps, device type, operating system, browser, IP address, and general geographic location.
2.7 AI Interaction Data
Questions asked of the AI assistant, AI-generated responses and documents, and any feedback provided on AI accuracy.
2.8 Payment Data
Subscription and billing information is processed by our third-party payment processor. Desk does not directly store credit card numbers or bank account details.
2.9 Calendar Data
With your brokerage's authorization, Desk accesses calendar events, scheduling details, and related metadata from connected calendar accounts to provide transaction deadline tracking, appointment coordination, and related features. We collect event titles, dates, times, attendee information, and associated notes to the extent relevant to the Services.
3.1 To Provide the Services
We use your information to operate the Desk platform, including processing and organizing transaction documents, extracting and structuring data from emails and attachments, powering the AI assistant, facilitating electronic signatures, tracking deadlines, generating reports, and sending transaction-related communications on behalf of your brokerage.
3.2 To Improve the Services
We use information to analyze usage patterns, develop new features, and improve platform performance and accuracy.We use information to train and improve our AI models, analyze usage patterns, develop new features, and improve platform performance and accuracy. AI training uses data in a way that does not expose any individual customer's data to other customers.
3.3 To Create Anonymized Analytics
We create anonymized and aggregated analytics from closed transaction data across multiple brokerages. These analytics reflect market-level trends and statistics and are never traceable to a specific transaction, person, or brokerage. We describe our data boundaries in detail in Section 5.
3.4 To Communicate
We send service-related notifications, transaction-related emails on behalf of your brokerage, product updates, and support communications. You may opt out of non-essential communications at any time.
3.5 To Comply with Law
We may use or retain information as necessary to comply with legal obligations, respond to lawful requests, or enforce our agreements.
Desk uses industry-standard security measures to protect your data, including encryption for data in transit and at rest, access controls that limit data access to employees and contractors who need it to provide the Services, regular security monitoring and testing, and logical isolation of each brokerage's data from other brokerages.
No system is completely secure, and we cannot guarantee absolute security. We encourage you to maintain your own independent copies of critical documents.
If we become aware of a confirmed security incident involving unauthorized access to your data, we will notify affected brokerage administrators without undue delay and cooperate reasonably in addressing it.
We understand that a broad data license requires trust. These commitments apply to all customer data:
We will never use data from any transaction that has not yet closed to create derivative products, analytics, or anything shared outside the platform. Your active deals are completely off-limits.
We will never allow any other customer to see, query, or access your data through any means, including through AI features or any other method.
We will never share identifiable information about your brokerage, your agents, or your clients with any outside party.We will never attempt to re-identify data that has been anonymized.
When we create derivative products, they use only anonymized, aggregated data from closed transactions across many brokerages: market-level trends and statistics, never anything traceable to a specific deal, person, or brokerage.
6.1 We Do Not Sell Your Data
Desk does not sell personal information or transaction data to third parties.
6.2 Service Providers
We share data with third-party providers who help us operate the Services, including cloud hosting providers, electronic signature providers, payment processors, AI model providers, and MLS data feed providers. These providers are contractually obligated to protect your data and may only use it to provide services to Desk.
6.3 Your Brokerage
If you are an agent or staff member, your brokerage administrator has access to transaction data and account activity within the Services. Desk processes transaction data on behalf of the brokerage, not individual agents. If an agent leaves a brokerage, Desk follows the brokerage's instructions regarding that agent's access and data, subject to applicable law.
6.4 Transaction Parties
When the Services send communications on behalf of your brokerage (such as electronic signature requests, deadline reminders, or transaction notifications), the recipients (buyers, sellers, other agents, title companies, etc.) receive those communications and any information necessary for the transaction.
6.5 Legal Requirements
We may disclose information if required by law, regulation, subpoena, or court order, or if we believe in good faith that disclosure is necessary to protect our rights, your safety, or the safety of others. Where legally permitted, we will provide advance notice to the affected brokerage.
6.6 Business Transfers
If Desk is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change and any choices you may have.
We retain your data for the duration of your brokerage's subscription. Upon termination, your brokerage has sixty (60) days to export data in standard formats. After the export period, Desk deletes identifiable data within ninety (90) days, except that we may retain anonymized and aggregated data as described in Section 5 and data that we are required to retain by law.
Payment records and invoices may be retained for up to seven (7) years for tax and accounting purposes.
Depending on your jurisdiction, you may have the right to access the personal information we hold about you, correct inaccurate information, request deletion of your information (subject to the retention terms above and any legal requirements), opt out of non-essential communications, and request information about how your data is used.
To exercise any of these rights, contact us at legal@desk.us. Brokerage-level data requests should be made by an authorized administrator. We will respond within thirty (30) days.
Desk's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Specifically:
Desk only uses access to Google user data to provide and improve the Services as described in this Privacy Policy. Desk does not use Google user data for serving advertisements. Desk does not transfer Google user data to third parties except as necessary to provide the Services, as required by law, or as part of a merger or acquisition. Desk does not allow humans to read Google user data unless you have provided affirmative consent for a specific message (such as a support request), it is necessary for security purposes (such as investigating abuse), it is necessary to comply with applicable law, or the data has been aggregated and anonymized. Desk does not use data received through Google APIs to train generalized or non-personalized AI or machine learning models.
Similar principles apply to data received through other email and identity provider APIs, including Microsoft.
Desk uses cookies and similar technologies to maintain your session and authentication, remember your preferences, and analyze usage patterns. We do not use tracking technologies to serve third-party advertisements. You can manage cookie preferences through your browser settings, though disabling certain cookies may affect platform functionality.
The Services are not intended for use by anyone under the age of 18. We do not knowingly collect personal information from minors. If we become aware that we have collected data from a minor, we will delete it promptly.
California (CCPA/CPRA): California residents have the right to know what personal information is collected, request deletion, and opt out of the sale of personal information. Desk does not sell personal information. To make a request, contact legal@desk.us.
Washington: Desk complies with the Washington My Health My Data Act to the extent applicable and other Washington state privacy requirements.
For residents of other states with comprehensive privacy laws (Colorado, Connecticut, Virginia, etc.), we honor comparable rights as described in Section 8.
PDFs are saved to user's local computer and/or transmitted to their Desk account for storage and processing. We do not sell or share this data with third parties.
We may update this Privacy Policy from time to time. We will notify brokerage administrators of material changes by email at least thirty (30) days before they take effect. The "Last Updated" date at the top of this policy reflects the most recent revision. Continued use of the Services after the effective date of a change constitutes acceptance.
Desk, Inc. 505 Broadway E #202, Seattle, WA 98102 Email: legal@desk.us