Last updated 26 August 2026
These terms are the agreement between your business and Tune Up AI Solutions LLC, a Florida limited liability company doing business as Fluent ("we", "us"), for the use of FluentDesk. By signing up, or by using the service, you agree to them.
If you are agreeing on behalf of a company, you are confirming you have the authority to bind that company.
FluentDesk answers calls your business does not pick up. We provide a phone number, text the caller back, hold a short conversation to find out who they are and what they need, and pass that on to you. Where you have connected a calendar, FluentDesk can also offer open times and book an appointment.
The conversations are generated by artificial intelligence. FluentDesk identifies itself as an AI assistant if a caller asks.
You are responsible for the accuracy of the business details you give us, because the AI answers callers using them. You are responsible for keeping access to your account and dashboard secure, and for anything done through it.
You must be at least 18 and use FluentDesk for a lawful business purpose.
This is the most important obligation in these terms. FluentDesk sends text messages to your callers, from a number associated with your business, at your instruction. In the language of US telemarketing law you are the sender. We are the tool you use.
You are responsible for ensuring you have the legal right to contact the people FluentDesk texts on your behalf, and for complying with the Telephone Consumer Protection Act, the CAN-SPAM Act, state messaging laws, and carrier rules. In practice, for a missed-call text-back, that ordinarily rests on the caller having just called you. You must not use FluentDesk to send messages to people who have not contacted you.
FluentDesk honors opt-outs automatically. A caller who replies STOP is recorded as opted out for your business and will not be texted again, including booking confirmations. You must not attempt to work around that.
You agree to indemnify us against claims, penalties and costs arising from messages sent on your behalf to people you did not have the right to contact.
We provision a phone number for your account through our carrier partner. You direct your existing business line to forward unanswered calls to it. The number is provided as part of the service and is not sold to you. If your account ends, the number may be released or reassigned, so do not print it on anything you cannot change.
AI systems make mistakes. FluentDesk may misunderstand a caller, record a detail incorrectly, or fail to capture a lead. It is a supplement to how you answer your phone, not a replacement for your judgement.
If you connect a calendar, FluentDesk reads your free and busy times so it can offer times you are actually available, and writes an event when a booking is made. It does not read the contents of your existing events. This is described in full in our Privacy Policy.
You choose whether bookings are written to your calendar immediately, or held for you to approve by text first. Either way, you are responsible for checking your calendar. We are not liable for a missed, double-booked or incorrectly scheduled appointment.
You must not use FluentDesk to send unlawful, deceptive, harassing or unsolicited messages, to impersonate anyone, to collect payment card numbers or government identification numbers through the assistant, or in any way that breaches carrier rules or puts our phone numbers at risk of being blocked.
We may suspend an account that is causing harm, being used unlawfully, or threatening the delivery of messages for our other customers. Where circumstances allow we will tell you first.
FluentDesk is built on services provided by others, including Telnyx, Vapi, Anthropic, Google and Stripe. Their availability and their own terms affect the service. We are not liable for a failure or change at one of those providers, though we will make reasonable efforts to keep FluentDesk working.
Your business information, your callers' messages and the leads FluentDesk captures belong to you. We process them to run the service, as described in our Privacy Policy. We do not sell them, and we do not use your callers' conversations to train generalised AI models.
You warrant that you have the right to share with us the information you provide.
FluentDesk, its software, prompts, and the way it works remain ours. Using the service does not transfer any of that to you. You may not copy it, reverse engineer it, or use it to build a competing product.
We aim to keep FluentDesk running continuously, but we do not offer a guaranteed uptime commitment. The service may be unavailable for maintenance, or because of a failure at a provider we depend on.
To the fullest extent the law allows:
Some jurisdictions do not allow some of these limits. Where that applies, they apply to the extent permitted.
You will indemnify us against claims arising from your use of FluentDesk in breach of these terms or the law, from messages sent to people you did not have the right to contact, from information you gave us that you did not have the right to share, and from your own negligence or misconduct.
We will indemnify you against claims that our own software infringes someone else's intellectual property.
Neither party is liable for a delay or failure caused by something beyond its reasonable control, including acts of God, government action, carrier or platform outages, internet failures, cyber attacks or pandemics.
You may cancel at any time from your dashboard or by emailing us. We may end or suspend your account for non-payment, for a breach of these terms, or on 30 days notice.
When your account ends, call answering stops, your phone number may be released, and we will delete or anonymise your data as described in our Privacy Policy. Export anything you want to keep before you cancel.
We may update these terms. If a change materially affects your rights we will email you before it takes effect. Continuing to use FluentDesk after that means you accept the updated terms.
These terms are governed by the laws of the State of Florida, without regard to conflict of laws rules.
Any dispute that cannot be resolved between us will be settled by binding arbitration administered by JAMS under its rules, before a single arbitrator, in a remote hearing, seated in Florida. The prevailing party may recover its reasonable fees and costs.
You and we each waive any right to bring a claim as a class action or in a representative capacity. Either party may still bring an individual claim in small claims court.
Tune Up AI Solutions LLC, doing business as Fluent
Email: [email protected]