Terms of Service

Dial Amp provides cloud-based communications and productivity software that may include power dialing, telephone calling, voicemail functionality, call dispositioning, call recording, transcription, analytics, telephone number provisioning and management, customer relationship management ("CRM") integrations, workflow automation, reporting, and related features (collectively, the "Services").

The particular features available to you depend upon your subscription, account configuration, geographic location, third-party providers, and other factors.

Dial Amp is a technology platform. Dial Amp is not a telemarketer, lead generator, data broker, telecommunications law adviser, or compliance service.

You determine whom you contact, when you contact them, why you contact them, the information you upload or access through the Services, and how you use the Services.

Subject to your payment of all applicable fees and continued compliance with this Agreement, Dial Amp grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for your lawful internal business purposes.

No ownership rights in the Services are transferred to you.

You may not:

(a) copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Services except as expressly authorized by Dial Amp;

(b) reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying structure of the Services except where such restriction is prohibited by law;

(c) circumvent security, usage, billing, authentication, calling, or other technical limitations;

(d) use the Services to build or assist in building a competing service through unauthorized access to Dial Amp's technology;

(e) interfere with or disrupt the integrity or performance of the Services; or

(f) access or use the Services in violation of applicable law or this Agreement.

Dial Amp does not provide or determine the source of your leads unless expressly stated otherwise.

You are solely responsible for all telephone numbers, contact information, CRM records, calling lists, lead data, customer information, scripts, recordings, voicemail messages, and other information you upload, synchronize, access, transmit, create, or process through the Services ("Customer Data").

You represent and warrant that:

(a) you have the lawful right to obtain, possess, upload, process, and use Customer Data;

(b) you have all permissions and consents required to use Customer Data in connection with the Services;

(c) your Customer Data was not obtained unlawfully;

(d) your use of Customer Data through Dial Amp will comply with applicable law; and

(e) where consent is required to contact an individual, you have obtained the legally required consent before using the Services to contact that individual.

Dial Amp does not independently verify whether any individual appearing in Customer Data may lawfully be contacted by you.

The availability of a telephone number or contact within the Services does not constitute a representation by Dial Amp that the person may legally be called, messaged, recorded, or otherwise contacted.

You exercise control over communications initiated using your account.

You are solely responsible for determining whether each call, voicemail, message, recording, transcription, or other communication initiated or processed through the Services is lawful.

Dial Amp does not provide legal authorization, approval, or clearance for any communication.

The availability of any Dial Amp feature does not mean that use of that feature is lawful in every circumstance or jurisdiction.

You are responsible for obtaining legal advice regarding your use of the Services where appropriate.

You must use the Services in compliance with all laws, regulations, regulatory requirements, carrier requirements, and industry rules applicable to your communications.

Depending on the circumstances, these may include requirements concerning: telemarketing; telephone solicitation; do-not-call registries and suppression; automatic or automated telephone dialing; predictive or power dialing; prerecorded messages; artificial or synthesized voices; voicemail and voicemail-drop technology; calling mobile or wireless telephone numbers; caller identification; calling-line identification; telephone number registration; number reputation; call abandonment; calling hours; consent; opt-out requests; required disclosures; call recording; call monitoring; transcription; data retention; privacy; consumer protection; and marketing communications.

Applicable requirements may include, without limitation and where applicable:

(a) the United States Telephone Consumer Protection Act (TCPA);

(b) the United States Telemarketing Sales Rule (TSR);

(c) rules and regulations of the United States Federal Communications Commission (FCC) and Federal Trade Commission (FTC);

(d) applicable U.S. federal and state do-not-call, telemarketing, privacy, call-recording, and consumer-protection laws;

(e) Canada's Telecommunications Act;

(f) the Canadian Radio-television and Telecommunications Commission (CRTC) Unsolicited Telecommunications Rules;

(g) Canada's National Do Not Call List (National DNCL) requirements;

(h) Canada's Anti-Spam Legislation (CASL), where applicable;

(i) applicable Canadian federal and provincial privacy and consumer-protection laws; and

(j) equivalent laws, regulations, and requirements in other jurisdictions.

This list is illustrative and is not exhaustive.

You are responsible for determining which laws apply based upon factors including your location, the called party's location, the telephone number being called, the nature and purpose of the communication, the technology used, and your relationship with the called party.

You are solely responsible for determining whether you are required to register with, subscribe to, access, or suppress telephone numbers against any national, federal, state, provincial, territorial, internal, or other do-not-call list.

Where required by applicable law, you must maintain and enforce your own internal do-not-call or suppression list.

You must promptly honour legally valid requests from individuals not to receive further communications from you.

You may not knowingly use Dial Amp to circumvent a do-not-call request or other legally valid communication preference.

Any suppression, filtering, or compliance-related functionality made available by Dial Amp is provided as a tool only and does not transfer your compliance obligations to Dial Amp.

The Services may allow users to create, upload, select, transmit, or trigger prerecorded voicemail or other audio content.

Laws governing prerecorded, automated, artificial-voice, synthesized-voice, or voicemail communications vary significantly between jurisdictions and based upon the circumstances of the communication.

You are solely responsible for determining whether you have obtained all legally required consents and permissions before using any such functionality.

You may not use prerecorded message, voicemail-drop, artificial-voice, synthesized-voice, or similar functionality where prohibited by applicable law.

Dial Amp does not represent or warrant that the use of any voicemail or prerecorded-message feature is lawful for any particular recipient, campaign, purpose, or jurisdiction.

The Services may provide functionality allowing calls to be recorded, monitored, analyzed, or transcribed.

Call-recording and monitoring laws differ between jurisdictions. Some jurisdictions may require consent from one participant, all participants, or additional disclosures.

You are solely responsible for:

(a) determining which recording and monitoring laws apply;

(b) obtaining all required consents;

(c) providing all required notifications or disclosures;

(d) configuring recording functionality appropriately; and

(e) storing, using, retaining, and deleting recordings and transcripts in accordance with applicable law.

Dial Amp does not determine whether recording a particular call is lawful.

Dial Amp may allow you to obtain, provision, purchase, lease, assign, port, configure, or use telephone numbers through Dial Amp or third-party telecommunications providers.

Telephone numbers are provided subject to availability, regulatory requirements, carrier rules, geographic restrictions, and third-party provider requirements.

You acknowledge that you do not necessarily acquire permanent ownership of any telephone number made available through the Services.

Dial Amp does not guarantee that:

(a) any particular telephone number will remain available;

(b) any number can be ported;

(c) a number will display a particular caller name;

(d) calls from a number will not be labelled as spam, scam, unwanted, or otherwise filtered;

(e) calls will be completed by all carriers; or

(f) any particular number will maintain a particular reputation.

Dial Amp and its telecommunications providers may suspend, replace, reclaim, restrict, or remove telephone numbers where reasonably necessary to comply with applicable law, carrier requirements, regulatory requirements, fraud-prevention measures, non-payment, or this Agreement.

Additional charges may apply for telephone numbers and telecommunications usage.

You may only use caller identification information and telephone numbers that you are legally authorized to use.

You may not knowingly cause false or misleading caller identification information to be transmitted with the intent to defraud, cause harm, wrongfully obtain anything of value, impersonate another person or organization, or otherwise violate applicable law.

The use of local telephone numbers, local-presence features, or multiple outbound telephone numbers does not relieve you of your compliance obligations.

You are responsible for ensuring that your use of caller identification and local-presence functionality complies with applicable laws and carrier requirements.

Dial Amp may require information regarding you, your organization, your identity, your business activities, your website, your physical location, your intended use of the Services, your calling practices, your telephone numbers, or other information reasonably necessary to verify your account or satisfy legal, regulatory, fraud-prevention, carrier, or telecommunications-provider requirements.

You agree to provide accurate, complete, and current information.

Dial Amp may require additional documentation or verification at any time.

Dial Amp may refuse, limit, suspend, or terminate Services if:

(a) required information is not provided;

(b) information appears inaccurate or misleading;

(c) Dial Amp cannot reasonably verify your identity or business;

(d) a carrier or telecommunications provider requires additional verification;

(e) your usage presents an unusual compliance, fraud, abuse, or reputational risk; or

(f) Dial Amp reasonably believes continued service could expose Dial Amp or a third party to legal, regulatory, financial, or operational risk.

Dial Amp relies upon and integrates with third-party products and services.

These may include telecommunications carriers, communications platforms, CRM providers, cloud hosting providers, artificial-intelligence providers, transcription providers, payment processors, analytics providers, and other technology vendors ("Third-Party Services").

Third-Party Services may include services provided by companies such as Twilio and Zoho, depending upon your account configuration.

Your use of Third-Party Services may be subject to separate terms, policies, restrictions, or requirements imposed by those providers.

Dial Amp does not control Third-Party Services and is not responsible for their availability, functionality, accuracy, security, policies, pricing, modifications, suspension, or discontinuation.

Features of Dial Amp that depend upon a Third-Party Service may become unavailable or change if that provider modifies, restricts, suspends, or terminates its service or its relationship with Dial Amp.

The Services may integrate with third-party CRM systems, including Zoho CRM and other platforms.

By connecting a CRM or other third-party account to Dial Amp, you authorize Dial Amp to access, retrieve, create, synchronize, transmit, and modify information within that account as necessary to provide the functionality you configure.

Depending upon your configuration, this may include creating or updating: contacts; leads; accounts; deals; activities; calls; notes; dispositions; tasks; follow-up information; recordings; transcripts; and other CRM records.

You are responsible for reviewing your configuration and ensuring that Dial Amp has appropriate access.

You acknowledge that integrations may occasionally result in duplicate, incomplete, delayed, unexpected, or incorrectly synchronized information.

You should maintain appropriate backups and data-recovery procedures for business-critical information.

Dial Amp is not responsible for failures caused by third-party CRM APIs, permissions, outages, changes, rate limits, data structures, or other matters outside Dial Amp's reasonable control.

Your use of the Services is subject to Dial Amp's Acceptable Use Policy ("AUP"), which is incorporated into this Agreement by reference.

You may not use the Services to:

(a) engage in fraud, deception, harassment, threats, or unlawful conduct;

(b) impersonate another person or organization without authorization;

(c) facilitate scams or fraudulent schemes;

(d) knowingly contact individuals in violation of applicable law;

(e) transmit unlawful, defamatory, abusive, threatening, or infringing material;

(f) interfere with telecommunications networks;

(g) artificially manipulate calling statistics or number reputation;

(h) circumvent carrier, regulatory, or Dial Amp restrictions;

(i) compromise or attempt to compromise the security or operation of the Services; or

(j) engage in conduct that Dial Amp reasonably determines threatens its telecommunications relationships, customers, systems, reputation, or ability to provide the Services.

Dial Amp may investigate suspected violations and may suspend or terminate accounts where reasonably necessary to protect Dial Amp, its customers, telecommunications providers, or third parties.

You are responsible for maintaining the confidentiality and security of your account credentials.

You are responsible for activity occurring through your account and for ensuring that authorized users comply with this Agreement.

You must promptly notify Dial Amp if you become aware of unauthorized access to your account or a suspected security breach.

You may not share credentials in a manner that circumvents applicable user, seat, or subscription restrictions.

You agree to pay all fees associated with your subscription and usage.

Fees may include: subscription fees; user or seat fees; telephone number fees; telecommunications usage; calling charges; transcription charges; AI usage; storage; premium features; overages; and other usage-based charges.

By providing a payment method, you authorize Dial Amp and its payment processor to charge amounts due under your account.

Unless otherwise expressly stated, subscriptions automatically renew for successive billing periods until cancelled.

Except where required by law or expressly stated otherwise, fees are non-refundable.

Failure to pay amounts when due may result in suspension or termination of the Services.

You remain responsible for amounts incurred before termination.

Fees displayed by Dial Amp may exclude applicable sales, use, value-added, goods and services, harmonized sales, telecommunications, or similar taxes.

You are responsible for taxes applicable to your purchase or use of the Services, except taxes based upon Dial Amp's net income.

Dial Amp may collect taxes where required by law.

Pricing may be based upon expected or reasonable usage patterns.

Dial Amp may impose reasonable usage limits, additional charges, or different pricing where your usage materially exceeds the usage contemplated by your subscription or creates unusual telecommunications, infrastructure, support, compliance, or operational costs.

Where practicable, Dial Amp will provide notice before materially changing your pricing because of excessive usage.

This section does not prevent Dial Amp from immediately restricting activity that presents a security, legal, fraud, abuse, carrier, or network risk.

As between you and Dial Amp, you retain ownership of Customer Data and content you provide through the Services.

You grant Dial Amp a non-exclusive, worldwide, royalty-free license to host, copy, transmit, process, modify, display, and otherwise use Customer Data solely as reasonably necessary to:

(a) provide the Services;

(b) perform actions you request;

(c) maintain and secure the Services;

(d) troubleshoot problems;

(e) prevent fraud and abuse;

(f) comply with legal obligations; and

(g) otherwise exercise Dial Amp's rights and obligations under this Agreement and our Privacy Policy.

Dial Amp may generate and use aggregated, statistical, or de-identified information derived from use of the Services, provided such information does not reasonably identify you or an individual.

Dial Amp may use such information for lawful business purposes including: operating and improving the Services; measuring system performance; improving call connectivity; evaluating answer rates and calling patterns; developing new functionality; fraud and abuse prevention; benchmarking; and analytics and research.

Dial Amp will not attempt to re-identify information that has been properly de-identified except where necessary to test or validate the effectiveness of de-identification methods or where otherwise permitted by law.

Dial Amp's collection, use, storage, and disclosure of personal information is governed by our Privacy Policy.

You are independently responsible for complying with privacy and data-protection laws applicable to your collection and use of Customer Data.

Where required, the parties may enter into a separate Data Processing Addendum.

You acknowledge that the Services may involve processing or transfer of information across provincial, state, or national borders, including through Third-Party Services.

Additional information concerning subprocessors and data processing may be provided in Dial Amp's Privacy Policy or Data Processing Addendum.

Unless Dial Amp expressly agrees otherwise in writing, you must not use the Services to store or process information requiring specialized regulatory protection beyond that reasonably expected for a business communications platform.

This may include, depending upon applicable law: payment-card information; financial account credentials; government identification numbers; passwords; highly sensitive medical information; or other specially regulated information.

You are responsible for determining whether the Services are appropriate for the information you process.

Dial Amp and its licensors own all rights, title, and interest in and to the Services, including software, technology, interfaces, designs, documentation, trademarks, logos, and related intellectual property.

Except for the limited license expressly granted under this Agreement, no rights are granted to you.

"Dial Amp," associated logos, and related marks are trademarks or trade names of Dial Amp or its affiliates.

Third-party names and trademarks belong to their respective owners.

If you voluntarily provide suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services, you grant Dial Amp the right to use such feedback without restriction or compensation to you.

This does not grant Dial Amp ownership of your Customer Data.

Dial Amp will use commercially reasonable efforts to operate and maintain the Services.

However, unless you have a separate written service-level agreement with Dial Amp, we do not guarantee: uninterrupted availability; any specific uptime; error-free operation; uninterrupted calling; successful call completion; uninterrupted third-party integrations; uninterrupted access to telephone numbers; or that all features will remain available indefinitely.

Maintenance, telecommunications failures, carrier outages, Internet outages, third-party failures, regulatory changes, emergencies, security incidents, and other events may affect availability.

Dial Amp may add, modify, replace, restrict, or discontinue features from time to time.

Where a change materially reduces core functionality of a paid subscription, Dial Amp will use commercially reasonable efforts to provide notice where practicable.

Dial Amp may make immediate changes where necessary for security, legal compliance, carrier requirements, fraud prevention, system integrity, or third-party service changes.

Dial Amp may immediately suspend or restrict your account or particular functionality where Dial Amp reasonably believes:

(a) you have violated this Agreement or the AUP;

(b) your activity may violate applicable law;

(c) your account is involved in fraud or abuse;

(d) your activity threatens the security or stability of the Services;

(e) your activity threatens Dial Amp's relationship with a carrier, telecommunications provider, CRM provider, or other third party;

(f) your calling activity is generating unusual complaint, blocking, spam-label, traceback, regulatory, or carrier activity;

(g) you have failed to pay amounts when due;

(h) suspension is required by law, court order, regulator, carrier, or provider; or

(i) continued access presents a material risk to Dial Amp, its customers, or third parties.

Where reasonably practicable, Dial Amp will attempt to notify you of a suspension.

Dial Amp is not required to provide advance notice where immediate action is reasonably necessary.

Either party may terminate this Agreement as permitted by the applicable subscription terms.

You may terminate your subscription by cancelling through the functionality made available by Dial Amp or by contacting Dial Amp as instructed.

Dial Amp may terminate this Agreement or your account where you materially breach this Agreement, fail to pay amounts due, violate applicable law, create unacceptable risk, or where Dial Amp discontinues the applicable Services.

Upon termination:

(a) your right to access the Services ends;

(b) outstanding amounts remain payable;

(c) telephone numbers may be released or reclaimed subject to applicable porting rights and provider requirements; and

(d) Customer Data may be deleted in accordance with Dial Amp's retention practices and Privacy Policy.

You are responsible for exporting information you wish to retain before termination where export functionality is available.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Dial Amp, its affiliates, directors, officers, employees, contractors, licensors, telecommunications providers, and agents from claims, demands, proceedings, investigations, damages, penalties, fines, liabilities, judgments, settlements, costs, and reasonable legal fees arising from or relating to:

(a) your use of the Services;

(b) communications made using your account;

(c) your Customer Data;

(d) your violation of this Agreement or the AUP;

(e) your violation of applicable law;

(f) your failure to obtain legally required consent;

(g) your violation of do-not-call requirements;

(h) your use of prerecorded messages, artificial or synthesized voices, voicemail functionality, caller identification, call recording, monitoring, or transcription;

(i) your infringement or violation of another person's rights; or

(j) acts or omissions of your users.

Dial Amp may assume control of the defence of a matter subject to indemnification, in which case you agree to reasonably cooperate.

You may not settle a claim in a manner that admits liability on behalf of Dial Amp or imposes obligations upon Dial Amp without Dial Amp's written consent.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

DIAL AMP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DIAL AMP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR ANY PARTICULAR CUSTOMER'S LEGAL OR REGULATORY REQUIREMENTS.

DIAL AMP DOES NOT WARRANT THAT ANY COMMUNICATION INITIATED THROUGH THE SERVICES IS LEGALLY PERMISSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIAL AMP AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIAL AMP'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO DIAL AMP DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this section apply regardless of the legal theory upon which liability is based and even if Dial Amp has been advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations or exclusions, so portions of this section may not apply to you.

Dial Amp will not be liable for failures, interruptions, delays, errors, data loss, blocked calls, spam labels, unavailable telephone numbers, unsuccessful call completion, integration failures, or other problems caused by third parties outside Dial Amp's reasonable control.

This includes failures involving telecommunications carriers, Twilio or other communications providers, CRM providers, Internet providers, cloud providers, payment processors, artificial-intelligence providers, transcription providers, and other Third-Party Services.

Dial Amp may provide educational materials, product guidance, settings, alerts, documentation, recommendations, or other information relating to communications practices.

Such information is provided for general informational purposes only.

Dial Amp does not provide legal advice and does not act as your attorney, compliance officer, or telecommunications consultant.

You should consult qualified legal counsel regarding laws applicable to your business and communications.

Telecommunications, telemarketing, privacy, artificial-intelligence, and consumer-protection laws may change.

Dial Amp may modify, restrict, disable, or discontinue functionality where reasonably necessary to respond to changes in law, regulation, regulatory guidance, carrier requirements, court decisions, or industry standards.

You remain responsible for monitoring legal requirements applicable to your use of the Services.

Dial Amp may be accessible from multiple countries.

We do not represent that every Service or feature is appropriate, available, or lawful for use in every jurisdiction.

If you access or use Dial Amp outside Canada, you are responsible for compliance with laws applicable to you and your communications.

Dial Amp may restrict access to particular Services, features, telephone numbers, or jurisdictions where necessary for legal, regulatory, operational, carrier, or risk-management reasons.

This Agreement and any dispute arising out of or relating to this Agreement or the Services will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to any mandatory rights that cannot lawfully be waived, the parties irrevocably submit to the exclusive jurisdiction of the courts located in British Columbia, Canada for disputes arising out of or relating to this Agreement or the Services.

The Services are intended primarily for business and professional use.

If consumer-protection legislation or other mandatory law applies to you notwithstanding this section, nothing in this Agreement excludes rights that cannot legally be excluded or waived.

You may not assign or transfer this Agreement without Dial Amp's prior written consent.

Dial Amp may assign this Agreement in connection with a merger, acquisition, corporate reorganization, financing, sale of substantially all relevant assets, or transfer of the Dial Amp business.

Dial Amp will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labour disputes, Internet or telecommunications failures, carrier outages, cloud-service failures, cyberattacks, governmental actions, changes in law, or failures of Third-Party Services.

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in full force and effect.

Failure by Dial Amp to enforce any provision of this Agreement does not constitute a waiver of that provision or any other right.

Provisions that by their nature should survive termination will survive, including provisions concerning payment obligations, intellectual property, Customer Data, aggregated data, indemnification, disclaimers, limitation of liability, governing law, and dispute resolution.

Dial Amp may update these Terms from time to time.

If we make material changes, we may provide notice through the Services, by email, or by other reasonable means.

The updated Terms will become effective on the date specified in the updated Terms or notice.

Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Where applicable law requires affirmative consent to a change, Dial Amp will obtain such consent.

This Agreement, together with the Dial Amp Acceptable Use Policy, Privacy Policy, any applicable Data Processing Addendum, order form, subscription agreement, and other terms expressly incorporated by reference, constitutes the entire agreement between you and Dial Amp concerning the Services and supersedes prior agreements or understandings concerning the same subject matter.

If an executed order form or other written agreement expressly conflicts with these Terms, the executed agreement will control to the extent of the conflict.

You agree that Dial Amp may provide notices and communications relating to your account electronically, including by email, through the Services, or through your account dashboard.

You are responsible for maintaining an accurate email address associated with your account.