Please read these Terms carefully before using Dialsdone. By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.
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These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Dialsdone ("Dialsdone," "we," "us," or "our"), governing your access to and use of the Dialsdone platform, website, APIs, and all associated services (collectively, the "Service").
By creating an account, clicking "Get Started," subscribing to a plan, or otherwise accessing or using the Service in any manner, you: (a) confirm that you have read and understood these Terms; (b) agree to be bound by these Terms; and (c) represent that you have the authority to enter into this agreement on behalf of yourself and, where applicable, your organization.
If you are accessing the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.
Your agreement to these Terms is recorded at the time of account creation, including the version of these Terms in effect at that date.
These Terms incorporate by reference our Privacy Policy, our TCPA Compliance guidance, any Order Form, and any additional policies or guidelines we publish. In the event of a conflict, these Terms control unless a signed Order Form expressly states otherwise.
As used in these Terms:
You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Service. The Service is intended solely for business-to-business (B2B) commercial use. You represent and warrant that:
Dialsdone reserves the right to refuse service to any person or entity at its sole discretion.
To access the Service, you must create an account and provide accurate, complete, and current information. You agree to update your account information promptly if it changes.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) use a strong, unique password; (b) not share your credentials with unauthorized parties; (c) notify us immediately at support@dialsdone.com of any unauthorized access or security breach.
Dialsdone is not liable for any loss or damage arising from your failure to safeguard your account. You accept full responsibility for all actions taken through your account, whether authorized by you or not.
Creating multiple accounts to circumvent usage limits or pricing is prohibited and may result in immediate termination of all associated accounts without refund.
The Service is offered on a subscription basis. Current pricing is published at dialsdone.com/#pricing. Fees are charged in advance on a monthly basis.
All payments are processed by our third-party payment provider (currently LemonSqueezy). By subscribing, you authorize us and our payment provider to charge your designated payment method for all applicable fees. You represent that you are authorized to use the payment method provided.
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account dashboard or by contacting support@dialsdone.com.
All fees are non-refundable except as expressly required by Applicable Law. No refunds or credits will be issued for partial subscription periods, unused Call Minutes, or plan downgrades. Dialsdone may, in its sole discretion, issue a credit in exceptional circumstances.
If any payment fails, Dialsdone may suspend your access to the Service immediately and retry the charge. If payment remains outstanding after seven (7) days, Dialsdone may terminate your account without further notice.
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities in your jurisdiction. Dialsdone will collect applicable taxes where required by law.
Dialsdone may modify pricing with at least thirty (30) days' prior written notice. Continued use after a price change constitutes acceptance of the new pricing.
If you exceed your allocated Call Minutes, Dialsdone may suspend calling functionality or charge overage fees at the rate disclosed in your plan details until the next billing cycle or until you upgrade your plan. Unused Call Minutes expire at the end of each billing cycle and do not roll over unless expressly stated in your subscription plan.
Subject to your compliance with these Terms and payment of applicable fees, Dialsdone grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription Term solely for your internal B2B sales and marketing purposes.
You agree that you will not, and will not permit any third party to:
You are solely responsible for all scripts, pitch materials, and instructions you provide to configure the AI Agent. Such content must not be false, misleading, defamatory, or otherwise unlawful. Dialsdone does not review, approve, or warrant the effectiveness, legality, or accuracy of customer-provided scripts or campaign configurations. Dialsdone may refuse to process or remove content that violates these Terms without liability.
Dialsdone reserves the right for its AI systems to terminate or decline calls where abuse, technical issues, legal risk, or safety concerns are detected. No liability shall attach to Dialsdone for any such termination or declination.
Customer is solely responsible for selecting target prospects, configuring campaigns, scheduling calls, and determining whether the Service is suitable for their intended business objectives. Dialsdone provides tools and infrastructure only; all commercial and strategic decisions remain with the Customer.
You are solely responsible for your legal compliance. Dialsdone's built-in compliance features are tools to assist you — they do not guarantee compliance and do not constitute legal advice. Consult your own legal counsel regarding your specific obligations.
The Telephone Consumer Protection Act (TCPA) imposes significant restrictions on the use of automated dialing equipment and prerecorded voice messages. You represent and warrant that: (a) you have obtained all legally required prior express written consent from each Prospect before initiating automated calls; (b) you will honor all opt-out requests promptly; (c) you will maintain adequate records of consent sufficient to demonstrate compliance in any dispute or regulatory inquiry.
Many states impose additional requirements beyond federal law, including separate DNC registries, calling hour restrictions, and disclosure mandates. You are responsible for identifying and complying with all applicable state and local telemarketing laws in every jurisdiction where your Prospects are located.
If you process personal data of individuals in the European Economic Area, United Kingdom, or other regulated jurisdictions, you are responsible for ensuring a lawful basis for processing and complying with all applicable data protection laws. Our Data Processing Agreement (DPA) is available upon request.
Dialsdone provides call-time restrictions and in-call opt-out detection. Dialsdone does not provide Do-Not-Call (DNC) list scrubbing. DNC scrubbing is the sole responsibility of the Customer. You must scrub your prospect lists against the National DNC Registry and any applicable state registries before uploading them to the Service.
Some jurisdictions require disclosure that a call is being made by an AI or automated system. You are responsible for configuring your AI Agent's script to include any legally required disclosures applicable to your calls.
You agree to defend, indemnify, and hold harmless Dialsdone from any claims, penalties, fines, or damages arising from your failure to comply with any Applicable Law, including TCPA violations which can result in statutory damages of $500–$1,500 per call.
You retain all ownership rights to Customer Data. You grant Dialsdone a worldwide, royalty-free, non-exclusive license to process, store, and transmit Customer Data solely as necessary to provide the Service.
You represent and warrant that: (a) you have the legal right to upload and use all Customer Data; (b) your Customer Data does not violate any third-party rights or Applicable Law; (c) your prospect lists were obtained lawfully.
Dialsdone implements commercially reasonable technical and organizational measures to protect Customer Data. However, no system is perfectly secure, and Dialsdone does not guarantee immunity from unauthorized access, disclosure, or loss.
Upon termination, Dialsdone retains Customer Data for up to ninety (90) days before permanent deletion, unless a shorter period is required by law or requested by you in writing.
Dialsdone may use anonymized and aggregated data derived from your use of the Service (with all personal identifiers removed) to improve the Service and for other internal business purposes. Such data is owned by Dialsdone.
Dialsdone engages third-party subprocessors including voice AI providers, cloud hosting, and telephony infrastructure. A current list of subprocessors is available upon request.
By uploading any contact list to DialsDone, you represent and warrant that every contact has provided prior express consent to be contacted by phone.
Specifically, by uploading a contact list you represent and warrant that:
Uploading a contact list to DialsDone constitutes your acceptance of these obligations.
The Service, including all software, algorithms, AI models, voice technology, user interfaces, branding, and documentation, is owned by Dialsdone and protected by applicable intellectual property laws. No rights are granted to you other than as expressly set forth in these Terms.
If you provide any feedback, suggestions, or ideas regarding the Service, you grant Dialsdone an irrevocable, perpetual, worldwide, royalty-free right to use and incorporate such Feedback without any obligation to you.
You may not use Dialsdone's name, logo, or trademarks in any manner without prior written consent.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIALSDONE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Customer acknowledges that campaign performance depends on numerous factors outside Dialsdone's control, including but not limited to prospect quality, scripts, campaign configuration, offer, timing, industry, customer instructions, and market conditions. Dialsdone does not guarantee any minimum number of conversations, appointments, sales, or other business outcomes.
The Service uses artificial intelligence to conduct conversations, generate call summaries, and produce other outputs. Customer is solely responsible for reviewing all AI-generated outputs before relying on them for any business decision. Dialsdone makes no representation that AI-generated outputs are accurate, complete, or suitable for any particular purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIALSDONE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REGULATORY FINES (INCLUDING TCPA STATUTORY DAMAGES), OR COSTS OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF DIALSDONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIALSDONE'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO DIALSDONE DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE CLAIM.
You acknowledge that these limitations are an essential element of the bargain between you and Dialsdone, and that Dialsdone would not provide the Service without them.
Dialsdone is not liable for any claims, damages, or losses arising from the actions of Prospects, telephony carriers, or other third parties, even if engaged as subprocessors.
The Service relies on third-party providers including telephony, AI, cloud hosting, and payment processors. Dialsdone is not responsible for outages, interruptions, pricing changes, or failures of third-party services beyond its reasonable control.
You agree to defend, indemnify, and hold harmless Dialsdone and its affiliates, officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
Dialsdone reserves the right to assume exclusive control of any matter subject to indemnification, at your expense. You agree to cooperate fully with Dialsdone's defense.
You may cancel your subscription at any time through your account dashboard or by contacting support@dialsdone.com. Cancellation takes effect at the end of the current billing period. No refunds will be issued for the remaining portion.
Dialsdone may suspend or terminate your access immediately and without prior notice if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) your use poses legal risk to Dialsdone or a third party; (d) you violate Applicable Law; (e) we are required to do so by law; or (f) we discontinue the Service.
Upon termination: all rights granted to you cease immediately; all outstanding fees become due; Dialsdone may retain Customer Data for up to ninety (90) days before deletion.
Sections 7, 8, 9, 10, 11, 12, 14, and 16, together with any accrued payment obligations, survive termination.
Before initiating formal proceedings, contact us at support@dialsdone.com and attempt to resolve the dispute informally for at least thirty (30) days.
Any unresolved dispute shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court having jurisdiction.
YOU AND DIALSDONE EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING. All disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict of law principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the appropriate courts of Makati City, Philippines.
Any claim must be brought within one (1) year of the event giving rise to it. Claims filed after this period are permanently barred.
Dialsdone may modify these Terms at any time. We will provide notice of material changes by posting the revised Terms with an updated date and emailing your account address at least fourteen (14) days before changes take effect. Continued use after the effective date constitutes acceptance.
These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between you and Dialsdone regarding the Service.
If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force.
Dialsdone's failure to enforce any right or provision shall not constitute a waiver.
You may not assign these Terms without Dialsdone's prior written consent. Dialsdone may freely assign these Terms, including in connection with a merger, acquisition, or asset sale.
Dialsdone is not liable for delays or failures resulting from causes outside its reasonable control, including acts of God, war, pandemics, or internet outages.
Legal notices to Dialsdone must be sent to support@dialsdone.com. Notices to you will be sent to the email address on file.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
Dialsdone may temporarily suspend the Service for maintenance, upgrades, security incidents, or infrastructure issues without prior notice and without liability to you. Where practicable, Dialsdone will provide advance notice of scheduled maintenance.
Questions about these Terms? Contact us at support@dialsdone.com.