1. Eligibility & Registration
Our services are intended for lawful use by registered businesses. To open an account, Users must provide accurate and verifiable information, including but not limited to: legal business name, Employer Identification Number (EIN), registered business address, proof of incorporation, and a designated contact person with valid government identification. By registering, the User certifies that all information provided is true, complete, and current.
2. User Responsibilities
Compliance with Laws
The User is solely responsible for ensuring that all outbound and inbound calls made using the platform comply with all applicable laws and regulations, including but not limited to:
- Telephone Consumer Protection Act (TCPA): A federal law regulating telemarketing calls, texts, and the use of automatic telephone dialing systems (autodialers) or artificial/prerecorded voice messages. The TCPA requires telemarketers to obtain appropriate consent from call recipients – prior express written consent for telemarketing calls made using an autodialer or pre-recorded/artificial voice, which is the highest level of consent under the law. It also imposes Do Not Call (DNC) restrictions and restricts calling times (no calls before 8 a.m. or after 9 p.m. local time of the called party). Users must honor consumers' opt-out or DNC requests and provide an opt-out mechanism for any prerecorded or artificial voice calls as required by law.
- Telemarketing Sales Rule (TSR): A set of Federal Trade Commission (FTC) regulations that apply to most telemarketing activities, complementing the TCPA. The TSR requires compliance with the National DNC Registry rules, certain call disclosures, and consent requirements for prerecorded message calls. It also mandates that telemarketers only call during appropriate hours (generally 8 a.m. to 9 p.m. local time) and imposes other consumer protections.
- Federal Communications Commission (FCC) Regulations: The FCC enforces the TCPA and has issued regulations and declaratory rulings that further detail telemarketing restrictions. FCC rules prohibit making telemarketing calls or texts to wireless numbers using an autodialer or artificial/prerecorded voice without the requisite consent.
- State Telemarketing and Privacy Laws: Many U.S. states have their own telemarketing laws and consumer privacy regulations that may impose additional or stricter requirements than federal law. State telemarketing laws can vary widely and may require specific call disclosures, mandate registration or licensing for telemarketers, or impose call frequency limits and special consent requirements.
Prohibited Conduct
User agrees NOT to use the service for any unlawful, unethical, or abusive purposes, including but not limited to:
- Unlawful or Unconsented Robocalls: Initiating any call that violates the above laws – for example, autodialed or prerecorded telemarketing calls to mobile phones without prior express written consent, or telemarketing calls to any number on the National or state Do Not Call list without an applicable exception – is strictly prohibited.
- Deceptive or Misleading Practices: The User may not engage in fraudulent, false, or misleading solicitation tactics through our service. This includes misrepresenting your identity or purpose on calls, impersonating others, making false promises or claims, or otherwise defrauding call recipients.
- Harassment or Nuisance Calling: Users shall not use the service to harass, intimidate, or bombard individuals with repeated or continuous calls. Calls placed with the intent to annoy, abuse, or harass any person at the called number are unlawful.
- Improper Use of Contact Lists: The User may not use unverified, non-compliant, or illegally obtained call lists. All contact lists used with our dialer must be collected and managed in compliance with applicable laws (including consent and privacy requirements).
By using our service, all liability for call practices rests exclusively with the User. The User is responsible for understanding the laws that apply to their calling activities and for operating within those legal boundaries. Any fines, penalties, or legal consequences arising from illegal or non-compliant calls are the sole responsibility of the User.
3. Tool Provider Disclaimer
We provide the platform as a neutral tool provider for communications. The Company itself does not originate or initiate calls to any recipient – any call made through the platform is initiated solely by the User (or by the User's configured automated processes). We do not monitor the content of calls in real-time, nor do we pre-screen the phone numbers that Users choose to dial. We simply offer technology that facilitates the placement and management of calls.
No Endorsement or Monitoring: We do not endorse, control, or make representations about the content or purpose of calls placed by Users. The User determines whom they call and what is communicated. Because we are not the caller, we do not provide any warranties or assurances that a User's call campaigns are lawful or effective. Accordingly, we disclaim any responsibility or liability for the manner in which Users employ the service.
4. Consent & Data Management
Obtaining proper consent from call recipients is solely the User's responsibility. Many outbound calls – especially those using automated dialing or artificial/prerecorded voices – require prior consent under law (for example, prior express written consent for autodialed telemarketing calls to cell phones, as mandated by the TCPA).
Consent for Artificial or Prerecorded Calls: If the User is leveraging our AI Dialer to play prerecorded or AI-synthesized voice messages, they must be especially vigilant about consent. The TCPA and FCC rules generally prohibit using artificial or prerecorded voice messages to call residential lines or cell phones for telemarketing without prior express written consent.
Data Management: The User is responsible for managing their calling data in compliance with privacy laws. This includes properly handling any personal data of call recipients (e.g., phone numbers, names, call recordings) in accordance with applicable data protection regulations and our Privacy Policy.
5. Data Privacy & Confidentiality
We take the privacy and confidentiality of User-provided data seriously. The Company pledges to protect the confidentiality of all information Users provide to us in the course of using the service. This includes, but is not limited to: business identification information (legal name, EIN, business address), personal identification documents of the User's representatives, account contact information, calling lists (phone numbers, lead info uploaded by the User), and call data generated through use of the platform (call logs, recordings, transcripts, etc.).
All User data in our custody will be handled in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate security measures (administrative, technical, and physical safeguards such as encryption and access controls) to prevent unauthorized access or disclosure of User data.
6. Disclosure Exceptions
While we guard User information closely, there are certain unusual circumstances in which we may find it necessary to disclose User data to third parties. Such disclosures will only be made in accordance with applicable law and only if absolutely required. The exceptions include:
- Legal Compliance (Court Orders and Subpoenas): If we receive a valid legal demand – such as a court order, subpoena, or search warrant – that compels us to produce User data, we may disclose the requested information.
- Law Enforcement and Regulatory Inquiries: In the event law enforcement agencies or regulatory bodies (such as the FCC or FTC) approach us as part of an investigation into illegal activities, we reserve the right to cooperate and provide relevant User information.
- Prevention of Imminent Harm or Fraud: If we determine that releasing certain User information is necessary to prevent an imminent threat to life, safety, or the security of our platform, we may do so.
7. Prohibited Uses
Users of our AI Dialer service are strictly prohibited from engaging in any of the following uses:
- Unlawful Robocalls or Spam: Any use of the service to place calls that violate telemarketing laws (TCPA, TSR, FCC rules, state laws) is prohibited.
- Deceptive, Misleading, or Fraudulent Activity: Users are forbidden from using the service for any conduct that could be considered fraudulent, deceitful, or intentionally misleading.
- Use of Unvetted or Illegally Obtained Call Lists: Our platform may not be used with contact lists that were acquired through illegitimate means or that contain parties who have not given appropriate consent.
- Harmful, Abusive, or Malicious Activities: Any activity that could be reasonably considered harmful to others, abusive of the telephone network, or malicious in intent is prohibited.
8. Indemnification
The User agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, fines, penalties, costs, or expenses (including reasonable attorneys' fees) that arise out of or relate to the User's use of the service. This indemnification obligation specifically covers:
- Regulatory Fines and Penalties: Any fines or penalties imposed by government agencies (such as the FCC or FTC) or payments due under settlement agreements resulting from the User's violation of telemarketing laws.
- Legal Claims and Lawsuits: Any private lawsuits or government enforcement actions brought against the Company due to the User's conduct.
- Violations of this Agreement: Any breach by the User of the terms of this User Agreement that causes harm to the Company or results in a third-party claim.
- Costs of Defense: The User agrees to cover the Company's costs of defending any claim covered by this indemnity.
9. Termination
The Company reserves the right to suspend or terminate any User account (or any campaign) immediately and without prior notice if, in our sole judgment, the account is engaged in unlawful, abusive, or non-compliant practices. This includes any violation of the User Responsibilities or Prohibited Uses outlined above, or any activity that we believe poses a risk to consumers, to our system, or that could subject us to legal liability.
Termination of service means the User's access to the platform will be disabled, ongoing calls will be halted, and any scheduled campaigns will be cancelled. The Company shall not be liable to the User for any compensation, refund, or damages due to termination if such termination is based on the User's misconduct or violation of this Agreement.
10. Outbound and Inbound Services
Our platform provides both outbound calling capabilities (dialing out to contacts) and inbound call handling (receiving calls, such as if you rent a phone number from us or use our system to handle return calls or transfers). The User acknowledges that both outbound and inbound call functions are subject to the same compliance obligations and responsibilities described in this Agreement.
AI Interaction on Calls: Whether a call is outbound or inbound, if the User utilizes an AI voice agent or chatbot on the call, the same legal requirements apply. The content the AI delivers must include necessary identification of the business and an opt-out method if it's a telemarketing message.
Personal Data Protection Policy (U.S. Compliant)
Effective Date: January 1, 2025
We value your trust and privacy, and we are dedicated to safeguarding your personal information in compliance with applicable United States federal and state data protection laws. This includes adherence to laws such as the California Consumer Privacy Act (CCPA) – as amended by the California Privacy Rights Act (CPRA) – and other relevant state privacy legislation that may apply based on your jurisdiction.
Our Commitment to Personal Data Protection
In order to provide the highest level of protection for your personal data, we abide by the following guiding principles:
- Lawfulness, Fairness, and Transparency: We collect and process your personal information in a lawful manner, for legitimate reasons, and we strive to be transparent about our data practices.
- Purpose Limitation: We use your personal data solely for specific, explicit purposes that we have disclosed to you.
- Data Minimization: We collect only the data that is necessary for the purposes stated.
- Retention Limitation: We retain personal data only as long as necessary to fulfill the purposes for which it was collected, or as required by law or legitimate business needs.
- Accuracy: We strive to maintain accurate and up-to-date personal information.
- Security: We implement appropriate technical and organizational safeguards to protect your personal information against unauthorized access, disclosure, alteration, or destruction.
Types of Personal Data We Collect
- Identifiers: Basic information that can identify you or your business (name, business name, email address, phone number, physical business address)
- Online Activity Information: Data collected automatically through cookies and similar technologies (IP address, browser type, operating system, referring website, pages viewed)
- Commercial Information: Records of transactions, service plans, payment information, billing history
- Communications: Information from support inquiries, correspondence, and interactions
- Call and Usage Data: Call Detail Records (CDRs), call recordings, transcripts, routing information
Your Privacy Rights
Depending on your state of residence, you may have certain rights regarding your personal data, including:
- Right to Know: Request disclosure of what personal information we have collected about you
- Right to Access: Request a copy of the specific pieces of personal information we have collected
- Right to Request Deletion: Ask that we delete personal information we have collected from you
- Right to Correct: Request that we correct inaccurate personal information
- Right to Opt-Out of Sale or Sharing: Opt-out of any sale or sharing of personal data (we do not currently sell personal data)
- Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights
Data Security
We use industry-standard security measures to protect your personal data, including:
- Encryption: All data transmitted between your device and our systems is encrypted using HTTPS/TLS protocols
- Access Controls: Strict access control policies with authentication mechanisms and logging
- Network and System Security: Secure facilities with firewalls, intrusion detection systems, and regular security monitoring
- Employee Training: Privacy and security training for all employees
- Vendor Management: Data protection agreements with third-party service providers
Contact Information
If you have any questions about these Terms and Conditions or our Privacy Policy, please contact us at: