Last updated: May 12, 2025
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING DIALMIND'S SERVICES, YOU ("CUSTOMER") AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
These Terms constitute a binding contract between Customer and DialMind LLC, a Delaware limited liability company ("DialMind," "we," "us," or "our"). The agreement is effective on the date Customer accepts these Terms (the "Effective Date").
DialMind provides AI-powered outbound calling, call-center automation, and related analytics (collectively, the "Services") in accordance with the features, usage limits, and pricing selected in an online order, dashboard, or statement of work (each, an "Order").
Customer represents, warrants, and covenants that each telephone number or contact record it provides or directs DialMind to call meets all of the following requirements:
Customer shall retain verifiable evidence of consent—including time/date stamps, consent language, and source URL or form—for at least five (5) years and shall furnish such evidence to DialMind within two (2) business days of request by DialMind or any governmental authority.
Customer is solely responsible for:
DialMind has no obligation to audit Customer's compliance or lead sources.
Customer shall defend, indemnify, and hold harmless DialMind and its affiliates, officers, directors, employees, and agents from and against all liabilities, losses, costs, damages, settlements, judgments, fines, penalties, and reasonable attorneys' fees arising out of or related to (i) Customer's breach of §3 or any Applicable Law, (ii) Customer's failure to obtain or maintain valid consent, or (iii) any governmental or private action alleging unlawful calls, texts, or marketing practices attributable to Customer data or instructions.
Customer shall not use the Services to:
DialMind may suspend or terminate the Services immediately upon notice for any breach of this Section.
Customer agrees to pay all fees specified in the applicable Order. Fees are non-refundable. Charges are due upon invoice and late balances bear a $15 penalty per month (or the maximum legal rate). DialMind may suspend Services for late payment.
Customer authorizes DialMind to record, store, transcribe, analyze, and monitor all calls placed or received on Customer's behalf. Customer grants DialMind a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, distribute, adapt, create derivative works from, and publicly display de-identified excerpts of recordings, transcripts, aggregated usage data, and Customer's name and logo for DialMind's marketing, advertising, case-study, training, benchmarking, or portfolio purposes without further approval or compensation, provided that DialMind removes or masks personal data and any information Customer designates in writing as confidential. Customer may revoke the public use of its name and logo prospectively with thirty (30) days' written notice; however, previously published materials need not be withdrawn.
Customer is solely responsible for obtaining and documenting all required one-party or two-party consent for recording and monitoring calls, providing legally sufficient verbal or written disclosure where mandated, and complying with federal and state wiretap and eavesdropping statutes. Customer shall defend, indemnify, and hold DialMind harmless from any claim or penalty arising from alleged unlawful recording.
DialMind retains all right, title, and interest in its software, algorithms, documentation, and know-how. Customer receives a non-exclusive, non-transferable, limited license to access and use the Services during the Term (defined below).
Each party shall protect the other party's non-public information using commercially reasonable measures. DialMind implements industry-standard administrative, technical, and physical safeguards to secure Customer data.
DialMind will notify Customer without undue delay after becoming aware of a confirmed security incident that results in unauthorized access to Customer data, and will provide information reasonably necessary for Customer to assess and mitigate the incident. DialMind's liability for any incident is limited to commercially reasonable remediation costs.
To the extent DialMind processes "personal data" or "personal information" subject to GDPR, CCPA/CPRA, or similar laws, the parties agree to the DialMind Data-Processing Addendum located at https://dialmind.ai/dpa (or successor URL), which is incorporated herein by reference.
Except as expressly stated, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION.
AI-Output Disclaimer. Analytics, transcriptions, sentiment scores, and any AI-generated responses are provided for informational purposes only and may contain inaccuracies; Customer is solely responsible for verifying results before relying on them.
Service Availability Disclaimer. While DialMind targets 99.6% monthly uptime, outages and scheduled maintenance may occur. DialMind disclaims any liability for data loss, call disruptions, or damages arising from downtime.
DIALMIND WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.
DIALMIND'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO DIALMIND IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
These Terms begin on the Effective Date and continue until terminated (the "Term"). Either party may terminate for material breach that remains uncured fifteen (15) days after written notice or immediately if the other party ceases business or becomes insolvent. Upon termination, Customer must cease use of the Services and pay all outstanding fees.
DialMind may update these Terms at any time by posting a revised version and notifying Customer (e-mail or in-app notice). Changes become effective thirty (30) days after notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
These Terms are governed by Delaware law, without regard to conflict-of-law rules. Any dispute not resolved informally within thirty (30) days shall be settled by binding arbitration administered by the American Arbitration Association in Wilmington, Delaware under its Commercial Arbitration Rules. Judgment may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER. THE PARTIES AGREE THAT ANY ARBITRATION OR LITIGATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Customer may not assign these Terms without DialMind's prior written consent.
If any provision is held unenforceable, the remaining provisions remain in effect.
These Terms, together with each Order, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements.
Failure to enforce any provision will not constitute a waiver.
Customer represents that it is not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, nor listed on any U.S. Government restricted-party list. Customer shall not access or use the Services in violation of U.S. or other applicable export-control or sanctions laws.
By clicking "I Agree," Customer acknowledges that it has read, understood, and accepted these Terms.
