These Terms of Service constitute a legally binding agreement between you and Dialfyne, a business headquartered in Vancouver, Washington. By signing up for, accessing, or using any Dialfyne service, you agree to be bound by these Terms.
1Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Dialfyne ("Dialfyne," "we," "us," or "our"), a business headquartered in Vancouver, Washington.
By signing up for, accessing, or using any Dialfyne service — including our AI Voice Agent, AI Role Play for Sales, and AI Automations — you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or organization, you represent that you have authority to bind that entity.
If you do not agree to these Terms, do not use our services.
2Services
Dialfyne provides the following core services ("Services"):
AI Voice Agent
A managed AI voice system deployed on your existing business phone number that answers inbound calls, captures lead information, books appointments, routes emergencies, and delivers call summaries. Powered by proprietary AI infrastructure including xAI's Grok Voice API.
AI Role Play for Sales
An AI-powered training platform that simulates realistic buyer conversations to help your sales team practice objection handling, discovery, and closing. Priced on a per-seat basis with an admin seat included at no charge.
AI Automations
Done-for-you workflow automation systems built around your existing tech stack, including lead follow-up sequences, CRM integrations, appointment reminders, email and SMS automation, and multi-step business process automation.
The specific scope of Services, applicable tier, and pricing are set forth in your order confirmation or subscription agreement.
3Subscriptions, Payment, and Billing
3.1 Subscription Plans
Services are provided on a monthly subscription basis unless otherwise agreed in writing. Your subscription begins on the date your order is confirmed and renews automatically each month.
3.2 Pricing
Current pricing is published at dialfyne.com/pricing. Prices are in US dollars and exclusive of applicable taxes.
3.3 Payment
All payments are processed through Stripe. By subscribing, you authorize Dialfyne to charge your payment method on file on a recurring monthly basis. You are responsible for maintaining accurate and current payment information.
3.4 Overages
AI Voice Agent plans include a fixed number of minutes per month. Usage beyond your included minutes is billed at $0.15 per minute and will be charged at the end of the billing cycle.
3.5 Price Changes
We reserve the right to adjust pricing with 30 days' written notice to your account email. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.
3.6 Late Payments
Accounts with failed or overdue payments may have Services suspended after 7 days. Dialfyne is not liable for any losses resulting from service suspension due to non-payment.
3.7 Refunds
All fees are non-refundable except where required by applicable law. If you cancel mid-cycle, you retain access to Services through the end of the current billing period.
4Cancellation
You may cancel your subscription at any time by contacting us at dennis.kaczmarowski@dialfyne.com. Please provide at least 14 days written notice before your next billing date. Cancellation takes effect at the end of your current billing period. We do not offer prorated refunds for partial months.
5Client Responsibilities
By using our Services, you represent, warrant, and agree that:
5.1 Lawful Use
You will use our Services only for lawful purposes and in compliance with all applicable federal, state, and local laws, including but not limited to:
- The Telephone Consumer Protection Act (TCPA)
- The CAN-SPAM Act
- State call recording laws (including all-party consent requirements in states such as California)
- The Federal Trade Commission Act
- Any applicable industry-specific regulations (HIPAA, state bar rules, etc.)
5.2 Contact Consent
You represent that you have obtained all necessary consents, permissions, and opt-ins required by applicable law before using Dialfyne's systems to contact any individual, including prospects, leads, and customers. Dialfyne deploys automation systems on your instruction — you are the responsible party for the legality of contacts made through those systems.
5.3 Call Recording Disclosure
When using the AI Voice Agent, you are responsible for ensuring that your call recording practices comply with the laws of the states in which you operate. Dialfyne configures disclosure announcements in good faith based on information you provide, but you remain responsible for confirming compliance with your specific state and industry requirements.
5.4 Accurate Information
You will provide accurate, current, and complete information about your business, services, call flows, and integration systems. Inaccurate configuration information may affect AI performance and is not grounds for refund or credit.
5.5 Authorized Access
You are responsible for maintaining the confidentiality of any account credentials, API keys, or access tokens provided by Dialfyne. You will notify us immediately of any unauthorized access to your account.
5.6 Third-Party Integrations
When you connect third-party platforms (CRMs, calendars, payment processors, etc.) to Dialfyne's systems, you represent that you have the right to do so and that doing so does not violate any third-party terms of service.
6Dialfyne's Responsibilities
Dialfyne will:
- Deploy and maintain your AI systems with reasonable care and skill
- Provide onboarding support included in your plan
- Notify you of any planned maintenance windows that may affect service availability
- Maintain commercially reasonable security measures to protect your data
- Respond to support requests within 1 business day for standard plans and as specified in writing for priority tiers
7Intellectual Property
7.1 Dialfyne IP
All AI systems, software, workflows, prompts, methodologies, tools, and platform infrastructure developed and deployed by Dialfyne remain the exclusive intellectual property of Dialfyne. These Terms do not transfer any ownership rights to you.
7.2 Your IP and Data
You retain ownership of your business data, customer contacts, call recordings, and content you provide to Dialfyne. You grant Dialfyne a limited, non-exclusive license to process your data solely for the purpose of providing the Services.
7.3 Work Product and Data Delivery
What Dialfyne delivers to you upon request or termination:
Upon cancellation or written request, Dialfyne will provide:
- Exported workflow files in a standard, portable format representing the automation logic built for your account
- All lead data, call transcripts, and call summaries captured by your AI Voice Agent
- AI Role Play performance scorecards and session data associated with your team
These items are your data and you are entitled to receive them.
What Dialfyne retains — no exceptions:
The following remain the exclusive intellectual property of Dialfyne and are not transferred, licensed, or made available to you under any circumstances, including upon cancellation or termination:
- All AI agent configurations, system prompts, and voice agent builds running on Dialfyne's infrastructure
- The custom automation logic, agent architecture, and workflow systems built on Dialfyne's platform
- Dialfyne's proprietary tech stack, tooling, integrations, and platform infrastructure
- Any templates, frameworks, or general-purpose systems Dialfyne uses to build and operate client environments
To be explicit: receiving your workflow JSON files does not grant you the right to operate, replicate, or deploy Dialfyne's systems. The JSON files represent a record of what was built — not the platform that ran it. Dialfyne will not maintain, transfer, or continue operating any system on your behalf after termination.
8Logo and Brand Usage Rights
By purchasing a Dialfyne subscription, participating in a free trial or pilot, or entering into any partnership or referral arrangement with Dialfyne, you grant Dialfyne a non-exclusive, royalty-free, worldwide license to use your company name, logo, and brand marks solely for Dialfyne's marketing and sales purposes.
This license permits Dialfyne to:
- Display your company name and logo on Dialfyne's website, including client or partner showcase sections
- Reference your business as a client or partner in proposals, pitch decks, and sales materials
- Include your logo or company name in case studies, social media posts, and promotional content
This license does not permit Dialfyne to misrepresent your relationship, alter your logo in a manner inconsistent with your brand guidelines, or imply that your business endorses any specific claim made by Dialfyne.
You may revoke this license at any time by submitting a written request to dennis.kaczmarowski@dialfyne.com. Dialfyne will remove your brand assets from active marketing materials within 30 days of receiving a revocation request. Materials already distributed or published prior to the revocation request (such as printed collateral or previously published content) are not subject to retroactive removal.
9Confidentiality
Each party agrees to keep the other's confidential business information — including pricing, technical systems, customer data, and business strategies — strictly confidential and not to disclose it to any third party without prior written consent, except as required by law. This obligation survives termination of these Terms for a period of 3 years.
10AI Performance and No Guarantees
You acknowledge that:
- AI systems are probabilistic and may not always respond perfectly in every situation
- Call handling, lead qualification, and automation outputs depend on the accuracy of information you provide during setup
- Dialfyne does not guarantee specific business outcomes, including but not limited to lead volume, conversion rates, revenue recovered, search rankings, or sales performance
- AI voice agents may occasionally misunderstand callers or produce unexpected responses, particularly in unusual or edge-case scenarios
- Automation systems depend on the reliability and availability of third-party platforms (CRMs, calendars, email providers) outside Dialfyne's control
Dialfyne commits to reasonable quality and responsiveness but makes no warranty that the Services will be error-free, uninterrupted, or achieve any specific result.
11Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIALFYNE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
12Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIALFYNE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO DIALFYNE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT WILL DIALFYNE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13Indemnification
You agree to indemnify, defend, and hold harmless Dialfyne and its officers, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services in violation of these Terms
- Your violation of any applicable law, including TCPA, CAN-SPAM, or state recording laws
- Your failure to obtain required consents before contacting individuals through Dialfyne systems
- Any claim brought by a third party (including your prospects or customers) related to communications sent through Dialfyne-powered systems on your behalf
- Your breach of any representation or warranty in these Terms
14Termination
14.1 By You
You may cancel your subscription at any time as described in Section 4.
14.2 By Dialfyne
We may suspend or terminate your access to the Services immediately if:
- You breach any material provision of these Terms and fail to cure within 7 days of written notice
- You use the Services for unlawful purposes
- You fail to pay fees after the grace period in Section 3.6
- Continued provision of Services creates legal, reputational, or operational risk for Dialfyne
14.3 Effect of Termination
Upon termination, your access to Services will cease. Dialfyne will provide you with a reasonable opportunity (not less than 14 days) to export your data before deletion. Sections 7, 8, 9, 10, 11, 12, and 15 survive termination.
15Modifications to Services and Terms
We reserve the right to modify these Terms or the Services at any time. Material changes to these Terms will be communicated via email to your account address with at least 14 days' notice before taking effect. Continued use of the Services after changes take effect constitutes acceptance.
16Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.
Any dispute arising from these Terms or the Services that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in Clark County, Washington. You waive any right to a jury trial or to participate in a class action related to the Services.
Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.
17General Provisions
Entire Agreement
These Terms, together with your order confirmation or subscription agreement and our Privacy Policy, constitute the entire agreement between you and Dialfyne regarding the Services.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
Assignment
You may not assign these Terms or your rights hereunder without our prior written consent. Dialfyne may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure
Dialfyne is not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including internet outages, third-party API failures, natural disasters, or government actions.
18Contact
For questions about these Terms, contact: