Terms of Service

1. Agreement

These Terms of Service ("Terms") govern use of the DialPhone communications platform ("Service") provided by DialPhone Inc. ("DialPhone"). By accessing or using the Service, you agree to these Terms. If you're entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

2. Subscription and billing

• Subscriptions are per-user per-month, billed annually or monthly as selected.
• Annual subscriptions renew automatically unless cancelled 30 days before the renewal date.
• Monthly subscriptions may be cancelled any time; access continues through the paid period.
• Usage-based charges (international calling, high-volume SMS) are billed monthly in arrears.
• Disputed invoices must be raised within 60 days of the invoice date.

3. Free trial

Trial accounts receive 14 days of full-plan access with no credit card required. At the end of the trial, accounts that do not convert are retained in read-only mode for 14 days, then archived. Trial accounts are not covered by the SLA and may not be used for HIPAA-covered communications until a paid plan and BAA are signed.

4. Acceptable use

Customers and their users agree not to:

• Send spam, harass, or commit fraud through the Service
• Violate TCPA, CAN-SPAM, or analogous laws in other jurisdictions
• Attempt to reverse-engineer, decompile, or gain unauthorized access to the platform
• Use the Service to store illegal content or violate intellectual property rights
• Exceed rate limits, conduct DoS attacks, or probe for vulnerabilities outside the coordinated-disclosure program
• Use AI features to generate or distribute harmful, misleading, or illegal content

DialPhone may suspend or terminate accounts that violate acceptable use. High-volume SMS and outbound calling are subject to additional carrier rules.

5. Customer data

Customer owns all data submitted to the Service. DialPhone processes customer data only to deliver, support, and improve the Service, per the Privacy Policy and Data Processing Agreement.

6. Service Level Agreement (SLA)

DialPhone targets 99.999% monthly uptime across voice, video, and contact center. Breach of SLA triggers service credits per the published SLA schedule (link from the Trust Center). The public status page is status.dialphone.com.

7. Support

24/7 email and chat support on all paid plans. Phone support hours vary by plan tier. Ultra and Enterprise customers receive a dedicated Customer Success Manager. Response-time SLAs are published on the pricing page.

8. Intellectual property

DialPhone owns the Service, including software, documentation, and AI models (excluding customer-owned fine-tunes). Customer grants DialPhone a limited license to process customer data solely to deliver the Service. No rights are granted beyond those expressly stated.

9. Confidentiality

Each party protects the other's confidential information with reasonable care and at least the standard it applies to its own confidential information. Customer conversations captured on the platform are confidential to the customer.

10. Warranties and disclaimers

DialPhone warrants the Service will perform materially as described. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND DIALPHONE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow this; the above applies to the maximum extent permitted.

11. Limitation of liability

To the maximum extent permitted by law, DialPhone's aggregate liability under these Terms is limited to the fees paid by customer in the 12 months preceding the event giving rise to the claim. DialPhone is not liable for indirect, consequential, or punitive damages. This limitation does not apply to breach of confidentiality, indemnification obligations, or customer's payment obligations.

12. Indemnification

DialPhone will defend customer against third-party claims that the Service, as provided by DialPhone, infringes intellectual property rights. Customer will defend DialPhone against claims arising from customer's use of the Service in violation of these Terms (including the acceptable use policy) or applicable law.

13. Termination

Either party may terminate for material breach that is not cured within 30 days of written notice. Upon termination, customer may export data for 30 days; after that period, DialPhone deletes data per the retention schedule. No refunds for partial periods, except as required by law.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, excluding conflict-of-laws rules. Disputes are resolved by binding arbitration in San Francisco, California, under JAMS rules, except that either party may seek equitable relief in court for intellectual property or confidentiality claims. Class actions are waived to the extent permitted by law.

15. Changes

Material changes to these Terms will be announced 30 days in advance. Continued use of the Service after the effective date constitutes acceptance.

16. Contact

Legal inquiries: legal@dialphone.com. Postal: DialPhone Inc., Legal Department, Belmont, CA, USA.

These Terms are maintained by the DialPhone Legal Office. Enterprise customers with customized terms should refer to their Master Service Agreement, which supersedes this document.