Customer Terms of Service

1. Eligibility and Authority

You represent and warrant that you are at least eighteen (18) years old, have legal capacity to enter into these Terms, and, if accepting for a business or other entity, have authority to bind that entity. You may use the Services only in compliance with applicable law.

2. Services and Order Terms

DialedIn provides AI-powered business communication software that may answer inbound calls, collect caller information, qualify leads, route calls, generate recordings and transcripts, create summaries, facilitate appointment scheduling, send communications, and provide dashboards, reporting, and related functionality.

Specific pricing, features, usage limits, implementation services, included minutes, overage rates, and other commercial terms may appear in a checkout page, subscription plan, order form, proposal, invoice, statement of work, or other written order document (each, an "Order"). Each Order is incorporated into these Terms.

If documents conflict, the following order controls: (1) a signed Order or statement of work; (2) these Terms; (3) the Data Handling Policy; and (4) other product documentation. The Privacy Policy governs our handling of personal information and does not reduce obligations expressly stated in these Terms.

3. Account Registration and Security

• Provide accurate, current, and complete account and business information.
• Maintain the confidentiality of login credentials and restrict account access to authorized users.
• Promptly notify DialedIn of suspected unauthorized access, credential compromise, or security incidents.
• Remain responsible for activity occurring through your account and connected systems.

4. Term, Renewal, Cancellation, and Suspension

Unless an Order states otherwise, subscriptions begin when purchased and renew automatically for successive billing periods until canceled. You authorize DialedIn and its payment processor to charge the payment method on file for recurring fees, usage charges, taxes, and other amounts due.

You may cancel through the available customer portal or by written notice. Unless an Order expressly provides otherwise, cancellation takes effect at the end of the then-current prepaid billing period, and access may continue through that date. DialedIn may suspend or terminate Services for nonpayment, breach, unlawful conduct, security concerns, excessive operational or legal risk, or misuse of the Services.

Upon termination, your right to use the Services ends. Provisions that by their nature should survive will survive, including payment obligations, confidentiality, intellectual property, warranty disclaimers, indemnification, liability limitations, dispute resolution, and data-related provisions.

5. Fees, Taxes, Refunds, and Pricing Changes

You agree to pay all fees shown in the applicable Order. Unless stated otherwise: fees are charged in advance; usage-based and overage fees may be charged in arrears; setup and implementation fees become non-refundable once work begins; and fees are non-refundable except where an Order, posted guarantee, or applicable law expressly provides otherwise.

You are responsible for applicable sales, use, excise, and similar taxes, excluding taxes based on DialedIn's net income. Past-due amounts may result in suspension or termination. We may change pricing for a future renewal period by giving reasonable advance notice.

6. Customer Responsibilities

• Provide accurate and complete business information, services, pricing rules, service areas, business hours, escalation rules, and scheduling instructions.
• Keep calendars, phone services, integrations, credentials, and third-party accounts active and correctly configured.
• Review leads, appointments, transcripts, summaries, classifications, recommendations, and other outputs before acting on them.
• Follow up with callers, verify appointments, deliver services, handle customer disputes, and make all final business decisions.
• Maintain appropriate backups of information important to your business.
• Use the Services only for lawful business purposes and in accordance with these Terms.

7. Artificial Intelligence Disclosures and Human Review

The Services use artificial intelligence, machine learning, speech recognition, natural language processing, automated classification, and related technologies (collectively, "AI Systems"). AI Systems are probabilistic and may make mistakes, misunderstand accents or background noise, misinterpret intent, omit information, hallucinate, misclassify leads, generate inaccurate transcripts or summaries, route calls incorrectly, or schedule incorrectly.

AI-generated outputs are informational tools intended to assist, not replace, human judgment. You are solely responsible for reviewing and validating outputs before relying on them. DialedIn does not guarantee the accuracy, completeness, reliability, or suitability of any AI output.

DialedIn may modify, replace, update, reconfigure, or discontinue AI models and AI-related features. Behavior and performance may change over time.

8. Product Boundaries and High-Risk Uses

DialedIn is a software provider only. The Services do not provide legal, medical, tax, financial, engineering, emergency-response, safety, dispatching, or other professional advice. You may not use the Services as the sole basis for emergency dispatch, medical diagnosis or triage, life-safety decisions, public-safety operations, critical infrastructure control, or other high-risk decisions.

Nothing in these Terms creates an employment, partnership, joint venture, franchise, fiduciary, or agency relationship. DialedIn is not authorized to make final business decisions or bind you to customer commitments except as expressly configured by you through the Services.

9. Communications, Call Recording, TCPA, and Consent

The Services may facilitate telephone calls, call recording, monitoring, transcription, SMS/MMS, email, automated communications, and marketing or operational messages. You are solely responsible for determining and satisfying all legal requirements applicable to your communications, including required notices, permissions, opt-in and opt-out records, calling-time restrictions, do-not-call obligations, and recording consent.

This responsibility includes compliance with the Telephone Consumer Protection Act, Telemarketing Sales Rule, CAN-SPAM Act, state telemarketing and call-recording laws, privacy laws, carrier rules, and successor requirements. DialedIn does not provide legal advice concerning communications compliance.

You represent that you have obtained and will maintain all permissions and consents necessary for DialedIn and its providers to process communications and caller data on your behalf. You are responsible for message content and for honoring opt-out requests. We may restrict or suspend communications that create legal, carrier, security, or reputational risk.

10. Acceptable Use

• Do not violate law, regulation, court order, or third-party rights.
• Do not engage in fraud, deception, harassment, threats, abuse, unlawful discrimination, or unauthorized telemarketing.
• Do not transmit malware, attempt unauthorized access, interfere with the Services, evade usage limits, or disrupt third-party systems.
• Do not use the Services to create or distribute illegal, infringing, misleading, or unsolicited communications.
• Do not resell, sublicense, reverse engineer, scrape, or exploit the Services except as expressly permitted in writing.

11. Customer Data, License, and Confidentiality

You retain ownership of data, recordings, transcripts, content, configurations, and materials submitted to or generated for your account ("Customer Data"). You grant DialedIn and its subprocessors a non-exclusive, worldwide, limited license to host, copy, transmit, process, display, and otherwise use Customer Data as reasonably necessary to provide, secure, support, maintain, and improve the Services, enforce these Terms, and comply with law.

Each party will protect the other's non-public confidential information using reasonable care and use it only to perform or receive the Services. Confidential information excludes information that is public through no breach, lawfully received without restriction, independently developed, or required to be disclosed by law. Confidentiality obligations survive for three (3) years after termination, except trade secrets remain protected as long as they qualify as trade secrets under applicable law.

12. Privacy, Data Handling, Security, and Retention

Our Privacy Policy describes how personal information is collected, used, shared, and protected. Our Data Handling Policy describes operational practices for access, storage, transmission, retention, deletion, incident response, and security. Both policies are incorporated by reference and may be updated from time to time.

We maintain reasonable administrative, technical, and organizational safeguards. No system is completely secure, and we do not guarantee that unauthorized access, loss, misuse, or disclosure will never occur.

Unless otherwise agreed in writing, typical retention periods may include call recordings and transcripts for up to 24 months, lead records for up to 36 months, account data for the service relationship, billing records for 7 years, and security logs for up to 24 months. Retention may be adjusted for legal, operational, security, or contractual reasons.

We may create and use aggregated, anonymized, or de-identified data for analytics, benchmarking, security, research, machine-learning optimization, product development, and service improvement, provided it does not intentionally identify you or individual callers.

13. Third-Party Services and Infrastructure

The Services may rely on telecommunications carriers, AI providers, cloud hosting, databases, scheduling tools, payment processors, analytics, email, SMS, and other third-party products. Third-party services are governed by their own terms and policies. DialedIn does not control and is not responsible for their availability, security, performance, filtering, delivery decisions, outages, API changes, or failures.

Carrier or provider actions may block, filter, delay, modify, or fail to deliver calls, messages, emails, recordings, or data. Such events do not constitute a breach by DialedIn.

14. Service Availability and Changes

The Services are provided on an "as available" basis. Maintenance, network failures, outages, cyberattacks, provider disruptions, feature changes, or other events may interrupt the Services. We may modify, improve, replace, suspend, or discontinue features at any time. We do not guarantee continuous availability, error-free operation, or preservation of every recording, transcript, message, lead, or data record.

15. No Guarantee of Results; Missed Calls, Leads, and Appointments

DialedIn does not guarantee call volume, call completion, lead volume, lead quality, qualification accuracy, appointment volume, booking success, conversion rates, customer retention, revenue, profitability, business growth, or return on investment.

Calls, leads, messages, inquiries, recordings, transcripts, summaries, notifications, routing, and appointments may be missed, delayed, incomplete, inaccurate, duplicated, corrupted, or unavailable. Calendar synchronization may fail, and double bookings or scheduling conflicts may occur. You remain responsible for verifying all appointments and promptly following up on business opportunities.

16. Intellectual Property

DialedIn and its licensors own all rights in the Services, including software, prompts, workflows, automations, models, dashboards, documentation, branding, designs, trade secrets, and related intellectual property. Subject to these Terms, DialedIn grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services for your internal business purposes during the subscription term. No ownership rights are transferred.

Feedback and suggestions may be used by DialedIn without restriction or obligation, provided we do not publicly identify you as the source without permission.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DIALEDIN DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, PERFORMANCE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DIALEDIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR YOUR NEEDS.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALEDIN AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, REVENUE, SALES, LEADS, CUSTOMERS, CONTRACTS, OPPORTUNITIES, DATA, GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALEDIN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIALEDIN DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100). THIS CAP APPLIES IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS.

Your exclusive remedy for dissatisfaction with the Services is correction of the issue where reasonably possible or termination of the Services, except where applicable law prohibits this limitation.

19. Indemnification

You will defend, indemnify, and hold harmless DialedIn and its members, managers, employees, contractors, affiliates, successors, licensors, and providers from claims, demands, investigations, fines, penalties, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising from or related to: your business operations or services; Customer Data; communications sent or recorded through the Services; your customers or callers; your breach of these Terms; your violation of law or third-party rights; or your use or misuse of the Services.

DialedIn will provide reasonable notice of a covered claim and may participate in the defense. You may not settle a claim in a manner that admits fault by or imposes obligations on DialedIn without our written consent.

20. Force Majeure

DialedIn is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, epidemics, labor disputes, government action, utility or internet failure, telecommunications disruption, cyberattack, vendor outage, or third-party service failure.

21. Informal Dispute Resolution

Before starting arbitration, the complaining party must send written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of notice. Notices to DialedIn may be sent through the support or legal contact method published on the DialedIn website.

22. Binding Arbitration

Except for qualifying individual small-claims matters and requests for temporary injunctive relief to protect intellectual property, confidential information, or system security, any dispute, claim, or controversy arising out of or relating to these Terms, an Order, the Services, or the parties' relationship will be resolved exclusively by final and binding arbitration.

The Federal Arbitration Act governs this section. Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules by one arbitrator, in English, in Texas unless the parties agree otherwise. The arbitrator may award any individual relief available in court and will issue a written decision. The arbitrator has authority to determine the interpretation, applicability, enforceability, and formation of this arbitration agreement.

23. Class Action and Jury Trial Waivers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. For disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in state or federal courts located in Williamson County, Texas, or the federal district serving that county.

25. Changes to Terms

We may update these Terms. Material changes will become effective upon the date stated in the revised Terms after reasonable notice through the Services, account email, or website. Changes do not retroactively alter disputes that arose before the effective date. Continued use after the effective date constitutes acceptance, except where additional consent is required by law.

26. General Provisions

These Terms and incorporated Orders and policies are the entire agreement concerning the Services and supersede prior or contemporaneous discussions on that subject. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder remains effective. You may not assign these Terms without DialedIn's written consent; DialedIn may assign them in connection with a merger, reorganization, financing, sale of assets, or affiliate transaction. Headings are for convenience only.

27. Electronic Records and Acceptance

You consent to transact electronically and to receive agreements, disclosures, notices, invoices, and records electronically. Your checkbox selection, click, payment, registration, or continued use is intended as your electronic signature and acceptance. You should download or print a copy of the Terms presented at checkout for your records.

Checkout acknowledgment: I have read and agree to the DialedIn Customer Terms of Service and acknowledge the Privacy Policy.