Last Updated: June 4, 2025
These Terms of Service (these “Terms”) describe your rights and responsibilities as a customer of or caller/emailer through our Services (as defined in Section 2.1). These Terms are between you and Handshake App Inc. (“Handshake”, “we”, or “us”). “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (a) you have the full legal authority to bind your employer or such entity to these Terms; (b) you have read and understood these Terms; and (c) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity, please do not click the “I agree” (or similar button or checkbox) that is presented to you.
PLEASE NOTE THAT IF YOU SIGN UP FOR A SERVICE USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (I) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY; (II) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS; AND (III) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
These Terms are effective as of, and you indicate your assent to these Terms on, the date you first click “I agree” (or a similar button or checkbox) at the time you register for a Service or use or otherwise access the Services, whichever is earlier. These Terms do not have to be signed to be binding. For greater certainty, these Terms include any hyperlinks hereto and any other document executed by the parties that incorporate these Terms by reference. If you do not agree with, or cannot comply with, these Terms, then you may not use or otherwise access the Services.
You acknowledge and agree that by providing us with your Personal Information, using our Services, or otherwise interacting with us, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy, and for the purposes identified to you at the time you provide the Personal Information. To view our Privacy Policy, please visit the following hyperlink: https://www.handshake.app/privacy-policy.
We reserve the right to update, change, or replace any part of the Services or these Terms by posting updates and/or changes to the website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any change(s) constitutes acceptance of those changes.
Accessing the Services in certain countries may not be lawful, and we make no representation that the Services are appropriate or available for use in locations outside North America or within Quebec. If you choose to access the Services from outside North America or within Quebec, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws.
Handshake provides front desk reception services, handling inbound and outbound calls and written communications, facilitating client intakes, scheduling, and following-up with clients using AI and other integrations to streamline workflows, protect privacy, and reduce administrative overhead. These Terms govern your use of such services, including as such services are made available on our website and including all associated features, functionalities, websites, mobile sites, user interfaces, and any content and software applications associated with our services (collectively, the “Services”). For clarity, the Services are not intended to process payments or collect financial information from Caller Users.
As a user of the Services, you may be a Caller User or a Business User (a “User”), depending on the nature of your activity through the Services, as further described below:
Subject to your continued compliance with these Terms and the restrictions set out in Section 2.5 below, we grant you a non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the Services for your business purposes.
As a condition of your use of the Services, you represent and warrant that: (a) you, or your legal guardian using the Services on your behalf, have reached the age of majority in your province or territory of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use or access the Services in accordance with these Terms and in compliance with all applicable laws; (d) all information supplied by you via the Services is true, accurate, current, and complete; (e) you have not previously been suspended or removed from our Services; (f) your use of the Services will not infringe or misappropriate the confidentiality or intellectual property rights of any third party; and (g) your registration and use of the Services comply with all applicable laws and regulations.
You are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website, other websites, or the Internet; (h) to collect or track the Personal Information of others, otherwise than for your business purposes if you are a Business User; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to reproduce, duplicate, copy, sell, resell, or exploit the Services, access to the Services, or any portion of the Services without our express written permission; (l) to transmit any advertising or promotional materials, otherwise than for your business purposes if you are a Business User; or (m) to interfere with or circumvent the security features of the Services, or any related website, other websites, or the Internet.
You may receive access to certain Services or product features on a free, fully discounted, or trial basis or as an alpha, beta, or early access offering (“Free and Beta Services”). Use of Free and Beta Services is limited to the period specified by us. We may terminate your use of Free and Beta Services at our discretion at any time, without liability to you. We may modify Free and Beta Services at any time for any reason. Free and Beta Services may be inoperable, incomplete, or include features that we may never release, and their features and performance information are our confidential information. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, WE PROVIDE NO WARRANTY, INDEMNITY, SERVICE LEVEL AGREEMENT, OR SUPPORT FOR FREE AND BETA SERVICES AND WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR USE OF FREE AND BETA SERVICES.
To access certain Services, you may be required to create an account (“Account”). You are responsible for ensuring the accuracy of the information included in your Account, including updating your information as necessary. By registering for an Account, you are representing and warranting that: (a) you own or have sufficient authorization to use the phone, computer, mobile device, technology, or other device you use to access the Service; and (b) you will access and use the Services solely in accordance with, and for the purposes consistent with, these Terms. [Only one person may use an Account; two or more people may not share an Account.]
All activity conducted in connection with your Account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your Account. Your password or phone code protects your Account, and you are solely responsible for keeping your password or phone code confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username, email and password or phone code. If your username, email, password or phone code is lost or stolen, or if you believe there has been unauthorized access to your Account by a third party, you must notify us immediately and change your password or phone code as soon as possible.
Without limiting any other remedies, we may suspend or terminate your Account or your access to the Services (or any portion thereof), at any time, with or without notice to you, if we suspect that you are not compliant with these Terms. In the event of termination, you will have no further access to your Account or anything within the Services associated with it, and we are under no obligation to compensate you for any such losses or results. If we terminate your Account, you may not create a new Account or access the Services except with our express permission.
If you are a Business User, you purchase access to the Services on a monthly basis (“Subscription Period”) by paying the monthly subscription fee in relation to your elected Service plan or usage, as set out on our website at https://www.handshake.app/ when you create an Account, and within [ten (10)] days of the start of each calendar month thereafter (which will include payment of any overage based on actual usage in the previous Subscription Period), for your access to the Services associated with your Business User Account (the “Subscription”). Your Subscription will automatically renew on a monthly basis until terminated in accordance with these Terms.
We may change the pricing of the Subscriptions from time to time. We will communicate any price changes to you in advance and, if applicable, how to accept those changes. Subject to applicable law, you are deemed to accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by notifying us prior to the price change going into effect and we may elect to terminate your Account.
If you are a Business User, payment for Services may be made through [our payment gateway provider]. If you are a Business User, you may be required to submit your payment details to the relevant third party payment gateway provider, and you may also be required to accept additional third party terms and conditions in relation to the use of such services. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
If you are a Business User, you are required to pay for all costs associated with connecting the Services to your software, user interface, application, phone number, email address or other services, including the costs associated with incoming calls/emails/text messages.
All fees with respect to the Services are quoted in Canadian or US dollars depending on the location of the Business User. If you are a Business User, you are responsible for paying all applicable taxes with respect to the Services.
As part of the Services, we allow Caller Users to transmit any data or information to the applicable Business User through the Caller User’s engagement with the Service, which may include information about an individual that is capable of identifying such individual (“Personal Information”), or financial information (“Caller Data”). You acknowledge and agree that we are not responsible or liable for verifying, screening or otherwise filtering the data or information a Caller User provides the Services and that all such information may be passed onto the applicable Business User associated with the phone line or email address associated with the Services we provide to such Business User.
By submitting Caller Data to us, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Caller Data required for us and our service providers to provide the Services. We will have no right to sublicense or resell Caller Data, except however, you agree that we may (a) use, share and disclose such Caller Data in connection with providing the Services, including to provide such Caller Data (and data derived from Caller Data in relation to the Services, including but not limited to summaries and transcripts of Caller Users’ engagement with the Services) to the applicable Business User associated with the phone line or email address associated with the Services we provide to such Business User; and/or (b) collect, analyze, and use data derived from Caller Data and/or information collected from or about a person, including a business entity, but which does not identify the person, for purposes of operating, analyzing, improving, or marketing the Services. If we share or publicly disclose information (e.g., in marketing materials or in application development) that is derived from Caller Data, such data will be aggregated or anonymized such that a specific person, including business entities, is no longer identifiable. You further agree that we will have the right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized and aggregated data.
In connection with Caller Data, you hereby represent, warrant, and agree that: (a) you, the Caller User, have obtained the Caller Data lawfully (including by obtaining sufficient consent and/or by providing sufficient notice as required by law), and the Caller Data does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (b) if you are the Caller User, that the Caller Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by us or our service providers to provide the Services; (c) that all Caller Data that contains Personal Information has and will be collected or provided by you, the Business User, in accordance with a privacy policy or otherwise in a manner that permits us to share, collect, use, and disclose such Caller Data as contemplated under these Terms, and pursuant to sufficient consents obtained by you and/or sufficient notice provided by you to do each of the foregoing in accordance with applicable law; (d) you, the Business User, are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to Caller Data that contains Personal Information provided hereunder; (e) we may exercise the rights in Caller Data granted hereunder without liability or cost to any third party; and (f) the Caller Data complies with these Terms. For purposes of clarity, we take no responsibility and assume no liability for any Caller Data, and you will be solely responsible for your Caller Data and the consequences of sharing it through the Services, under these Terms and with the applicable Business User.
We and our licensors have and retain all rights, titles, and interests, including all intellectual property rights, in and to our Services and related to our technology, templates, formats, and dashboards, including any modifications or improvements thereto, made by you or us. Your use of the Services will not create or grant you any rights in or to the Services.
Except for third party marks, as between you and us, all names, trademarks, service marks, certification marks, symbols, icons, slogans, or logos appearing on the Services are proprietary to us or our affiliates, licensors, or suppliers (“Brand Features”). Use or misuse of the Brand Features is expressly prohibited. Unless otherwise expressly authorized by us in writing, you may not copy or use any Brand Features.
From time to time, you may choose to contribute, post, or transmit through the Service or submit, or we may request that you submit on a voluntary basis, comments, questions, ideas, suggestions, or other feedback relating to the Services to us (“Feedback”). We may in connection with any of our products or services freely use, copy, disclose, license, distribute, and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. No Feedback will be considered your confidential information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise. Your Feedback remains subject to your compliance with the restrictions set out in Section 2.5 above.
Without limiting any other remedies, we may suspend or terminate your Account or your access to the Services (or any portion thereof), at any time, with or without notice to you, if we suspect that you are not compliant with these Terms. In the event of termination, you will have no further access to your Account or anything within the Services associated with it, and we are under no obligation to compensate you for any such losses or results. If we terminate your Account, you may not create a new Account or access the Services except with our express permission. We do not provide refunds or credits for pre-paid fees in the event of termination in accordance with this Section.
You may cancel and terminate your Subscription at any time by contacting us. If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. We do not provide refunds or credits for the cancellation of a Subscription before the expiration of a Subscription Period.
All content, materials, and information provided through the Services is provided on an “as is” basis. You acknowledge that the content, materials, and information provided through the Services is directly related to the availability of information provided by the Business User to us. We are not responsible if information provided by a Business User and made available through the Services is not accurate, complete, or current. The information provided by a Business User and made available through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
If you are a Business User, you will provide us with true, up-to-date, accurate, and complete information associated with use of the Services in relation to any phone number or email address, including information for which we are expected to have an account history, caller history, invoice history, payment status, address or any other information of any Caller User. If you are a Business User, you will provide reasonable cooperation regarding lawful requests for information we receive in relation to your information and you will comply with all applicable laws, regulations or other lawful requirements that are applicable to your software, user interface, application, phone number, email address or other services interfacing with our Services. If you are a Business User, you will provide us with all rights, connectivity, and permissions required to connect the Services to your software, user interface, application, phone number, email address or other services, at your sole cost. Additional fees may be applicable if you, as a Business User, frequently change the software, user interface, application, phone number, email address or other services interfacing with our Services.
We reserve the right to modify or remove any content, materials, or information available through the Services at any time. We cannot and do not review all communications made available on or through the Services, but, although not obligated to, may review, verify, make changes to, or remove any content, materials, or information, including information submitted in connection with the Services or other features at any time, with or without notice to you, in our sole discretion.
The Services are integrated with, or may otherwise interact with, certain third-party applications, websites, devices, tools, open source code, artificial intelligence, and services to make the Services available to you (“Third Party Applications”). These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications. We do not warrant the compatibility or continuing compatibility of the Third Party Applications with the Services.
YOU UNDERSTAND AND AGREE THAT THE SERVICES AND ANY OTHER INFORMATION OR MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY PARTICULAR PURPOSE; (B) WILL BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT, OR COMPLETE; (C) WILL OPERATE AND BE AVAILABLE WITHOUT INTERRUPTIONS; OR (D) WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
We and the Services do not give professional advice. Unless specifically included with the Services, we are not in the business of providing legal, financial, accounting, tax, health care, real estate, or other professional services or advice, even if our Business User operates a professional service business.
You acknowledge that our Services are integrated with our, our licensors, and Third Party Applications’ methods or models that may rely on a form of artificial intelligence (including machine learning and large language models) and that such integrations are used to process input data from Business Users and Caller Users to generate output data that are estimates or otherwise predictive (“AI”) and that such AI is a component or feature of the Services. We do not guarantee that the output data provided by our Service will be error free, free for unintentional bias, or otherwise sufficient as the sole basis for decision-making. You remain responsible for all decisions made as a result of relying on the output data obtained from our Services, and for meeting any associated legal requirements as a result of using our Services for your business or to take your call or answer your email. You permit us to use all Feedback, input and output data associated with the instance of the Services associated with a certain Business User to train the AI associated with such instance of the Services, or otherwise to use an aggregated form of such Feedback, input and output data to train the AI generally used by the Services available to all customers.
You agree to indemnify, defend, and hold harmless us and our directors, employees, officers, advisors, contractors, and agents (“Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, incurred by any of the Indemnitees, arising out of: (a) your breach of these Terms or the policies they incorporate by reference; (b) your violation of any applicable laws or the rights of a third party; (c) any Caller Data or any other user content that you post, contribute, or otherwise submit on or through the Services; or (d) any activity that you engage on or through the Services.
To the maximum extent permitted by law, in no event will we or our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for: (a) any indirect, consequential, incidental, exemplary, punitive, or special damages; or (b) for any damages, whether direct, indirect, consequential, incidental, exemplary, punitive, or special, characterized as lost revenue, lost savings or revenue, or lost profits, whether based on contract, tort (including negligence), or other legal or equitable basis, including without limitation damages for harm to business, loss of information or data, loss of goodwill, or other economic loss.
OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF A BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF: (A) THE AMOUNT PAID BY YOU, IF APPLICABLE, FOR THE SERVICES IN THE ANNUM IMMEDIATELY PRECEDING THE DATE OF THE ACT, OMISSION, OR CIRCUMSTANCE GIVING RISE TO THE LIABILITY HEREUNDER; AND (B) CAD $100.
You acknowledge and agree that the use of the Services in violation of these Terms could cause irreparable harm to us and that in the event of such unauthorized use, we are entitled to an injunction in addition to any other remedies available at law or in equity.
We permit links to the homepage of the website, provided that any references and links to the website are fair, legal, and would not reasonably be deemed to damage or take advantage of our reputation. You may not link to the website in a way that suggests or indicates any affiliation, association, or approval between you and us where such affiliation, association, or approval does not exist. In addition, you must adhere to the following conditions if you link to the website: (a) you may not establish a link from any website that is not owned by you; (b) you may not cause the website or portions of the website to be displayed, or appear to be displayed, on any website; (c) you may not link to any part of the website other than the homepage; and (d) you may not take any action with respect to the website that is in violation of, or inconsistent with, any provision set out in these Terms. Where any link to the website includes the use of a Brand Feature, the goodwill in such use will accrue to our sole benefit. You agree to immediately cease linking to the website, and to remove any existing links to the website, upon notice from us. We reserve the right to withdraw our permission to link to the website or to disable any links to the website, at any time, without notice, at our sole discretion.
We may be required by law or at your request to send you communications about the Services. You agree that we may send these communications to you via email, call, text, SMS, other electronic means, or by posting them on our website or on your Account.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto in the Province of Ontario.
By using the Services, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against us related to any claim, dispute, or controversy arising from your use of the Services. Where applicable, you hereby agree to opt-out of any class proceeding against us otherwise commenced. The foregoing waiver will not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, all without affecting the validity and enforceability of any other remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms as modified from time to time, and any policies or operating rules posted by us on this website, constitute the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Questions about these Terms should be sent to us at hello@handshake.app.