Terms of Service

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 Power Dialer, Platform Email, AI Roleplay, Analytics, and Managed Outbound services, 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.

Subject to these Terms, Dialfyne will use commercially reasonable efforts to provide Customer the services identified in the applicable order, checkout, or subscription confirmation (the "Services"). The Services currently include:

Power Dialer

A human-led browser softphone and power-dialing workspace with team campaigns, local-presence numbers, voicemail drop, recording, transcription, scoring, and consent-aware calling controls.

Platform Email

A reviewable outbound email workspace for sequences, inbox replies, suppressions, and learning — shared with the dialer so a stop on one channel can stop the other.

AI Roleplay

An AI-powered training platform that simulates realistic buyer conversations to help your sales team practice objection handling, discovery, and closing. Voice roleplay bills from the prepaid Dialfyne wallet on its own meter and is not sold as a separate per-seat subscription.

Analytics

Cross-channel reporting across dial and email activity, including dispositions, reply classifications, and coaching insights derived from live work.

Managed Outbound

An optional agency engagement where Dialfyne runs outbound dial and email for agreed construction-tech segments, with a path to graduate onto the self-serve platform.

The specific scope of Services, applicable products, and pricing are set forth in your order confirmation or subscription agreement. Reasonable technical support is provided according to Dialfyne's standard practices. Standard plans receive a response within one business day; priority tiers as specified in writing.

Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services; modify, translate, or create derivative works based on the Services except as expressly permitted; use the Services for timesharing or service-bureau purposes or otherwise for the benefit of a third party except authorized users in Customer's workspace; remove proprietary notices; or use data made available through the Services for any purpose other than Customer's internal business purposes.

Customer may not export or re-export the Services in violation of U.S. export or sanctions laws. The Software and documentation are commercial computer software under applicable FAR/DFAR clauses; U.S. Government use is governed solely by these Terms.

Customer represents that it will use the Services in compliance with all applicable laws. As between the parties, Customer is the sole initiator of any call, email, SMS, or other communication transmitted through the Services, including communications Customer configures to send automatically. Dialfyne is not responsible for reviewing the contents of those communications or for obtaining consents from recipients. Customer is solely responsible for TCPA, CAN-SPAM, recording, DNC, and similar outreach laws. Features designed to support compliance are not a warranty of Customer's compliance.

Customer is responsible for equipment needed to access the Services and for maintaining the security of accounts, passwords, API keys, and files, including all use of Customer's account with or without Customer's knowledge.

4.1 Subscription Plans

Services are provided on a monthly or annual subscription basis, as set forth in your order confirmation. Your subscription begins on the date your order is confirmed. Monthly subscriptions renew automatically each month; annual subscriptions are prepaid for the agreed term and renew automatically for successive terms unless cancelled before the renewal date. Usage is billed from a prepaid dollar wallet at the meter rates published at dialfyne.com/pricing or set forth in your order.

4.2 Pricing

Current pricing is published at dialfyne.com/pricing. Prices are in US dollars and exclusive of applicable taxes.

4.3 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.

4.4 Dollar Meters and Wallet Balance

Usage is billed in US dollars from a prepaid wallet. Occupied dial line-minutes (including ring, answering-machine detection, talk, and voicemail) are billed at the calling rate agreed for your workspace; there is no per-dial fee. Public estimates typically use $0.10 per minute for lighter usage or $0.06 per minute for heavier calling. Roleplay minutes start at $0.20 per minute on a separate meter, with volume rates down to $0.14. Email starts at $0.02 per send, and $0.01 from 5,000 sends in a month. Phone numbers, mailboxes, and sending domains are billed as capacity, not usage, at the rates published at dialfyne.com/pricing or set forth in your order. Unused prepaid funds remain in your wallet until used and do not expire. Additional usage is billed at your agreed rate, or paused if you enable hard-stop protection.

4.5 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.

4.6 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.

4.7 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. Annual and other prepaid subscriptions are non-refundable for the prepaid term, and no credit or refund is provided for unused prepaid wallet funds.

The Services are provided for the initial term specified in the order, and unless either party gives at least 30 days' notice before the end of the then-current term, the order renews for successive terms of the same duration. You may also cancel as described below.

You may cancel your subscription at any time by contacting us at [email protected]. Please provide at least 14 days written notice before your next billing date if you do not want the then-current period to renew. Cancellation takes effect at the end of your current billing period. We do not offer prorated refunds for partial months except where required by law.

By using our Services, you represent, warrant, and agree that:

6.1 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.)

6.2 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.

6.3 Call Recording Disclosure

When using Dial recording or transcription, you are responsible for ensuring that your call recording practices comply with the laws of the jurisdictions in which you operate. Dialfyne may provide disclosure features in good faith based on information you provide, but you remain responsible for confirming compliance.

6.4 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.

6.5 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.

6.6 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.

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

8.1 Confidentiality

Each party agrees to take reasonable precautions to protect the other's confidential business, technical, and financial information, and not to use it except to perform under these Terms or as otherwise permitted. This obligation does not apply to information that is public, already known without duty, independently developed, rightfully received from a third party, or required to be disclosed by law. The duty lasts for five years after disclosure, and indefinitely for trade secrets.

8.2 Customer Data

Customer retains sole ownership of all Customer Data (non-public data Customer provides or generates in the Services, including lead lists, call recordings, transcripts, email content, and connected-account data). Customer confirms it has all rights needed to grant Dialfyne access. Dialfyne will use Customer Data only (1) as necessary to provide the Services and (2) to create Aggregated Data as defined below. Dialfyne will not disclose Customer Data except to authorized subprocessors bound by confidentiality and data-protection terms no less protective than these Terms. Upon expiration or termination, Dialfyne will, upon request, provide Customer Data in a reasonably usable export format.

To the extent Dialfyne processes personal data on Customer's behalf, the Data Processing Addendum is incorporated into these Terms.

8.3 Dialfyne IP and Aggregated Data

Dialfyne owns the Services, Software, improvements, support-developed technology, and related IP. "Aggregated Data" means data related to Customer Data or Customer's use of the Services that has been aggregated, de-identified, or otherwise processed so it does not identify Customer or associate Customer's confidential information with Customer. Dialfyne may collect and use Aggregated Data for any lawful purpose, including to improve the Services. Dialfyne will not attempt to re-identify Aggregated Data. Dialfyne does not permit third-party model providers to use Customer Data to train their models. Aggregated Data is not Customer Data.

8.4 What we deliver on request or termination

Upon cancellation or written request, Dialfyne will provide: exported workspace configuration in a portable format; lead data, call transcripts, recordings, and summaries from Dial; email sequence and suppression exports where stored; and roleplay scorecards and session data for your team. These items are Customer Data.

Dialfyne retains exclusive ownership of system prompts, platform infrastructure, templates, and the software that ran the workspace. Receiving an export does not grant a license to operate or replicate the Dialfyne platform.

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. Case studies that include quotes or detailed results are subject to your prior approval before publishing.

You may revoke this license at any time by written request to [email protected]. Dialfyne will remove your brand assets from active marketing materials within 30 days. Materials already distributed before the request are not subject to retroactive removal.

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
• Roleplay AI may occasionally misunderstand a prompt 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
• Outbound email content is drafted by automated systems, including large language models, from automated research about the recipient. It may contain factual errors, including errors carried over from inaccurate public sources. Automated checks keep claims traceable to their source, which reduces error without eliminating it
• Campaign emails follow the configured review mode: manual review or automatic approval. In manual review, a person approves the message before sending. Approval is the point at which responsibility for the content of a specific message attaches
• Email deliverability depends on filtering decisions made by recipient mail providers, which are outside Dialfyne's control and are not guaranteed

Where Dialfyne sends email on your behalf under a Managed Outbound engagement, additional terms apply. See the Managed Outbound Service Terms.

Dialfyne commits to reasonable quality and responsiveness but makes no warranty that the Services will be error-free, uninterrupted, or achieve any specific result.

With respect to AI-powered features, Dialfyne may implement reasonable technical safeguards, including rate limits, usage thresholds, throttling, or similar controls, to prevent abuse, spam, automated misuse, or excessive consumption of AI or telephony resources and to protect system integrity. Those safeguards are not a suspension of the Services for support-SLA purposes. Dialfyne may also limit communication features if Customer's activity generates excessive bounce rates, spam complaints, or similar risk to deliverability or reputation.

Where Dialfyne processes personal data on Customer's behalf, Dialfyne is the Processor (or CCPA service provider) and Customer is the Controller (or business). The online Data Processing Addendum is incorporated into these Terms without a separate signature. It includes Standard Contractual Clauses for EEA/UK/Swiss transfers, a 72-hour breach notice, subprocessor terms, and technical and organizational measures.

A current list of subprocessors is published at dialfyne.com/subprocessors. Dialfyne will notify subscribers of material subprocessor changes as described in the DPA. Customers may object on documented data-protection grounds within 14 days.

Dialfyne will not use Customer Personal Data to train third-party generative AI models. Dialfyne may create Aggregated Data as described in Section 8. Privacy practices for Visitors and Dialfyne's own sales are described in the Privacy Policy.

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.

Except for bodily injury of a person, to the maximum extent permitted by applicable law, Dialfyne and its suppliers shall not be liable for: (a) error or interruption of use, loss or inaccuracy of data, cost of substitute services, or loss of business; (b) any indirect, incidental, special, consequential, or punitive damages or lost profits; or (c) amounts that, together with all other claims, exceed the fees paid by Customer to Dialfyne for the Services in the twelve (12) months prior to the act giving rise to liability — whether or not Dialfyne was advised of the possibility of such damages.

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 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

Dialfyne shall hold Customer harmless from liability to third parties resulting from infringement by the Services of a United States patent or copyright or misappropriation of a trade secret, provided Dialfyne is promptly notified and given reasonable assistance and sole control of defense and settlement. This obligation does not apply to combinations, modifications, or use not strictly in accordance with these Terms. If the Services are held infringing, Dialfyne may modify them, obtain a license, or terminate the affected Services and refund prepaid unused fees for those Services.

16.1 By You

You may cancel your subscription at any time as described in Section 5.

16.2 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 30 days of written notice (or without notice for nonpayment after the grace period in Section 4)
• You use the Services for unlawful purposes
• You fail to pay fees after the grace period in Section 4
• Continued provision of Services creates legal, reputational, or operational risk for Dialfyne

16.3 Effect of Termination

Upon termination, your access to Services will cease. Customer will pay in full for Services through the last day provided. If Dialfyne terminates for Customer's material breach or nonpayment, unpaid fees for the remainder of the then-current term become immediately due. Dialfyne will provide a reasonable opportunity (not less than 14 days) to export Customer Data before deletion. Sections that by their nature should survive (including fees, confidentiality, IP, disclaimers, and limitations of liability) survive termination.

Dialfyne may update these Terms by posting a new version at this URL. Administrative or non-material updates are effective upon posting. Updates that materially reduce Customer's rights or increase Customer's obligations become effective on the earliest of: a new order, the next renewal, electronic acceptance, or continued use after notice. Dialfyne may make updates effective immediately if needed for security, abuse, spam, deliverability, legal, AI, third-party platform, or service-integrity concerns. Material changes will also be emailed to the account address where practical.

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. In any action to enforce rights under these Terms, the prevailing party is entitled to recover costs and attorneys' fees.

Entire Agreement

These Terms, together with your order confirmation, the Privacy Policy, the DPA, the subprocessor list, and (if applicable) the Managed Outbound Service Terms, 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 without our prior written consent. Dialfyne may assign these Terms without consent, including in connection with a merger, acquisition, or sale of assets.

No agency

No agency, partnership, joint venture, or employment is created by these Terms. Customer has no authority to bind Dialfyne.

Force Majeure

Neither party is liable for failure or delay in performing obligations other than payment resulting from events beyond its reasonable control, including natural disasters, pandemics, war, government actions, labor disputes, utility or telecommunications failures, cyberattacks, or third-party provider outages. If such an event continues more than 60 consecutive days, either party may terminate the affected order upon written notice, and Dialfyne will refund prepaid fees for Services not yet rendered.

For questions about these Terms, contact:

Dialfyne

Vancouver, Washington, USA

Email: [email protected]

Phone: +1 (971) 375-4740