These Terms of Service ("Agreement") govern your use of Driving School Desk, operated by Xelshard LLC, 2435 N Central Expy, 12th Floor, Richardson, TX 75080, USA ("DSD," "we," "us"). By clicking "I agree" or using the Service, the entity you represent ("Subscriber") agrees to be bound by this Agreement.
1. Service License
DSD grants Subscriber a non-exclusive, non-transferable, limited right to access and use the Driving School Desk platform for internal driving school scheduling and booking operations. Subscriber may not resell, sublicense, or white-label the Service without written consent. Subscriber may not reverse engineer, scrape, or use automated tools beyond those expressly permitted.
2. Trial Period & Subscription
The Service offers a free Starter plan (1 instructor, up to 30 bookings/month) with no time limit or credit card required. The Pro plan includes a 30-day free trial; after the trial, a paid subscription begins. Subscriptions auto-renew monthly. Prices are in USD and subject to change with 30 days' notice.
| Plan | Price | Instructors |
|---|---|---|
| Starter | Free | 1 |
| Pro | $39 | Unlimited |
3. Data Ownership
Subscriber retains full ownership of all data entered by your school. DSD claims no ownership of Subscriber data. DSD may use de-identified, aggregated data to improve the Service. You may request a data export at any time. Upon termination, data is retained for 60 days then permanently deleted.
4. TCPA / SMS Compliance Responsibility
The Service includes SMS notification infrastructure. Subscriber is solely responsible for obtaining express written consent from end-customers before sending any SMS messages through DSD, honoring opt-out requests, and complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable communications laws. DSD enforces quiet hours (9pm–8am local time) automatically. Any fines or claims arising from Subscriber's messaging practices are the sole responsibility of Subscriber.
5. SMS Messaging Terms (Message Recipients)
This section applies to individuals (such as driving-lesson students) who receive SMS text messages sent through Driving School Desk. By providing your mobile number and agreeing to the consent disclosure on a driving school's online booking page, you agree to receive automated text messages sent via Driving School Desk (operated by Xelshard LLC) on that school's behalf.
- Program description: You will receive booking confirmations, lesson reminders, schedule changes, and post-lesson feedback requests related to lessons you book.
- Message frequency: Message frequency varies per user based on bookings.
- Cost: Message and data rates may apply.
- Opt-out: Reply STOP to cancel and unsubscribe. You will receive a final confirmation and no further messages.
- Help: Reply HELP for assistance, or contact support@drivingschooldesk.com.
- Carriers: Carriers are not liable for delayed or undelivered messages.
- Consent & privacy: Consent to receive texts is not a condition of any purchase. We do not sell or share your mobile number or opt-in consent with third parties for their marketing. See our Privacy Policy for details.
6. Privacy
Customer data collected through the booking widget is processed per the DSD Privacy Policy. Subscriber is responsible for posting a compliant privacy notice for their end-customers and obtaining all legally required consents.
7. Warranties & Disclaimer
DSD warrants that the Service will perform materially in accordance with its documentation under normal use. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DSD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XELSHARD LLC'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE FEES PAID BY SUBSCRIBER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
9. Indemnification
Subscriber shall indemnify and hold harmless Xelshard LLC and its officers, directors, and employees from any claims, damages, fines, or expenses (including attorney's fees) arising from: (a) Subscriber's use of the Service in violation of this Agreement; (b) Subscriber's breach of applicable law, including TCPA and CAN-SPAM; (c) Subscriber's end-customers' claims regarding Subscriber's operations; or (d) Subscriber's negligence or willful misconduct.
10. Termination
Subscriber may cancel at any time. Cancellation takes effect at the end of the current billing period. DSD may suspend or terminate access immediately for material breach, AUP violations, or security risk. Upon termination, data is retained for 60 days in read-only format, then permanently deleted.
11. Governing Law & Dispute Resolution
This Agreement is governed by the laws of the State of Texas, without regard to conflict of laws principles. Disputes shall be resolved by binding arbitration under AAA rules in Dallas County, Texas. Both parties waive the right to participate in class action lawsuits to the extent permitted by law.
12. Contact
Xelshard LLC
2435 N Central Expy, 12th Floor, Richardson, TX 75080
Email: legal@xelshard.com
Support: support@drivingschooldesk.com