About these terms
These Terms of Service govern your use of our web-based dialer and call-center platform, including the browser softphone, inbound queues and IVR, outbound campaigns, the wallboard, recordings, reports, the REST API and webhooks (together, the Service). "We", "us" and "our" mean the company named on this page. "You" means the business that creates a workspace on the Service. "Users" are the people you give access to, such as owners, admins, supervisors and agents. "Contacts" are the people your Users call or who call you.
The Service is for business use only. By creating a workspace, or by accepting these Terms in the app, you agree to them on behalf of your business and confirm that you have authority to do so. An owner of your workspace must accept these Terms and our Acceptable Use Policy in the app before your first outbound call. We record the version accepted, the time, the IP address and the User who accepted. The Acceptable Use Policy and our Privacy Policy form part of these Terms.
Your workspace and users
Owners and admins create Users and decide their roles. Each User signs in with their own credentials, either an email address or your workspace name and a username. Logins may not be shared. You are responsible for everything done under your workspace, for keeping credentials and API keys secret, and for removing access when someone leaves. Tell us promptly if you suspect that an account or API key has been compromised.
Users who take calls hold a seat. That includes agents and supervisors, and owners or admins who choose to take calls. Invited Users hold a seat until they are disabled. You cannot have more seat-holding Users than the seats you pay for.
Plans, seats and billing
The Service is priced per seat, per month, on the plan you choose. Plan prices, features and limits are shown on our pricing page and in the app, and the features and limits of your plan apply to your workspace. Annual billing is charged for twelve months in advance at the annual price. You can switch from monthly to annual billing in the app. A switch from annual to monthly billing is made by us on request.
- Adding seats. When you add seats during a billing period, we charge a prorated amount for the rest of that period straight away.
- Removing seats. When you remove seats, the prorated amount for the rest of the period becomes a credit on your next invoice. You cannot reduce seats below the number of seat-holding Users.
- Changing plans. A plan change may be blocked while your workspace uses features or capacity that the new plan does not include. The app explains what needs to change first.
- Price changes. If we change the price of a plan, your subscription keeps its current price until we move it to the new price. We will give you notice first, and the move takes effect at a renewal.
- Taxes. Prices exclude taxes unless stated. You pay any taxes that apply to your purchase, other than taxes on our income.
Payments are handled by our payments processor. Subscriptions renew automatically at the end of each billing period until they are cancelled.
Free trial
New workspaces can start with a 14-day free trial. A trial without a payment card is limited to five seats, one phone number, 300 outbound minutes, calls within your home country and no predictive dialing. A trial with more than five seats requires a payment card at signup, and so may a trial started from certain email domains. If a card is on file when the trial ends, your subscription starts and is charged. If no card is on file, the workspace is suspended until you subscribe.
Late payment and suspension
If a payment fails, your workspace becomes past due. For the first seven days everything keeps working and the app shows a notice. After that, outbound calling, campaigns and write access to the API stop, while Users can still sign in and inbound calls still reach your agents. We retry the payment during this period. If it still fails, the workspace is suspended: only owners can sign in, to update billing and export data, and the Service stops handling calls. A workspace suspended for 30 days is cancelled.
We may also suspend a workspace at any time, without waiting for the steps above, if we reasonably believe it is being used in breach of these Terms or the Acceptable Use Policy, if a carrier or authority requires it, or to protect the Service, our telephony provider or the people being called. Where we can, we will tell you why.
Refunds
Fees are non-refundable, except where the law requires a refund, where we end your subscription for a reason other than your breach of these Terms (in which case we refund prepaid fees for the unused part of the period), or where we agree otherwise in writing. Cancelling a subscription does not create a refund for the rest of the current period. Credits for removed seats are applied to later invoices and are not paid out in cash.
Cancellation, export and deletion
An owner can cancel the subscription in the app at any time. Cancellation takes effect at the end of the current billing period, and it can be undone until then.
After cancellation, owners can still sign in for 30 days to export data. Phone numbers held for your workspace are released 30 days after cancellation, and released numbers cannot always be recovered. Your workspace data, including contacts, lists, call records and recordings, becomes eligible for permanent deletion 90 days after cancellation and is then deleted. Copies in backups are overwritten on our normal backup cycle.
Usage allowances
Each plan includes a pooled allowance of calling minutes (the included minutes per seat multiplied by your seats) and a monthly carrier-spend ceiling (the ceiling per seat multiplied by your seats). Minutes are counted on the customer side of each call, inbound and outbound. The carrier-spend ceiling also counts the minutes of agent lines kept open for power and predictive campaigns.
Owners are warned when the workspace reaches 80 % of either amount. At 100 %, outbound calling stops until you add seats, the next month begins, or we raise your limit. Inbound calls keep working. We do not currently bill overage. Plans also limit the number of phone numbers, the recording retention period and the API request rate.
Monitoring and outbound pauses
To protect the people being called, our carriers and other customers, we monitor outbound traffic patterns automatically. These include the number of calls per seat, the share of calls that fail or end within a few seconds, and the number of distinct destinations. When a workspace crosses our thresholds, outbound calling is paused automatically and owners are notified by email. Only we can lift the pause, after a review. We may ask you for information about your lists, consent records and calling practices as part of that review.
No emergency calling
The Service does not provide emergency calling. It cannot place calls to 911, 112, 999 or any other emergency number, and calls to those numbers are blocked. The Service must not be relied on to reach emergency services. You must make sure that your Users know this and have another way to reach emergency services, such as a mobile phone or a landline, wherever they work. We are not liable for any failure to reach emergency services through the Service.
Your calling obligations
You are the caller, and in most cases the seller, for every call made through your workspace. You are responsible for making sure your calls comply with every law and rule that applies to them. In the United States, that includes the Telephone Consumer Protection Act and FCC rules, the Telemarketing Sales Rule, the Truth in Caller ID Act, and state telemarketing, calling-hours and registration laws. Other countries have their own rules.
Among other things, you must:
- obtain and keep records of the consent each call requires, including prior express written consent where the law requires it for autodialed or prerecorded calls;
- scrub your lists against the national and state do-not-call registries that apply to you, keep your own do-not-call list, and honour opt-out requests promptly;
- call only within the hours the law allows at the contact's location;
- keep abandoned calls within legal limits and play the required identification and opt-out message when a call cannot be connected to an agent;
- play prerecorded messages, including voicemail drops, only where you have the consent the law requires.
The Service includes tools that help: calling-window checks, do-not-call checks at import and before every dial, consent requirements on campaigns, a pacing controller with an abandonment limit, a safe-harbor message with a press-9 opt-out, and consent checks before voicemail drops. These tools depend on the data and settings you provide. They do not make your calls lawful on their own, and they are not legal advice. Before the first start of a campaign, an owner or admin must confirm in the app that your campaigns comply with these obligations.
Call recording
Some jurisdictions allow a call to be recorded with the consent of one party. Others require the consent of everyone on the call. You decide whether to record calls, and you are responsible for obtaining any consent and giving any notice that applies, both to Contacts and to your own Users.
The Service lets you set a default recording policy, pause, resume or stop a recording during a call, and play a recording disclosure at the start of calls, either on every call or only for callers in all-party-consent states. You choose the disclosure mode and its wording. Recordings are kept for the retention period of your plan, or a shorter period you set, and are then deleted automatically. You can delete recordings sooner.
Caller ID and business verification
You may display only caller ID numbers that you obtained through the Service or are otherwise authorised to use, and the caller ID and caller name you display must be accurate. Spoofing is prohibited.
Carriers authenticate outbound calls under STIR/SHAKEN and may label or block calls they consider unwanted. To support this, you must complete business verification in the app with accurate information, including your legal name, business type, tax identifier, address, website, an authorised representative, your use case and your expected call volume. We review the information and may ask for more. Until verification is approved, we may limit outbound calling, numbers or caller-ID options. We do not control how carriers attest, label or deliver calls, and we cannot guarantee a particular attestation level, caller-name display or answer rate.
Phone numbers
Phone numbers provided through the Service are obtained from our telephony provider and remain subject to the provider's rules and to telecommunications regulations. You may use them while your workspace is active and within your plan's limits. Numbers may be reclaimed if they are used in breach of these Terms, if a carrier or regulator requires it, or after cancellation as described above.
Your data
You own the data you and your Users put into the Service or create through it, including contacts, lead lists, call records, notes, dispositions, recordings and voicemails (Customer Data). You give us permission to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service and to meet our legal obligations.
For Customer Data about Contacts and Users, you are the controller and we act as your processor, as described in our Privacy Policy. You are responsible for having a lawful basis for the data you upload and the calls you make. You handle requests from Contacts to access or delete their data. The Service includes an erasure tool that permanently deletes a contact and removes their details from call records, notes, recordings and voicemails, keeping only a do-not-call entry where one exists.
We may use information about how the Service is used, such as minutes, call counts and carrier costs, to operate, bill and improve the Service, provided it does not identify Contacts.
Changes and beta features
We improve the Service continually, and features may change. If we remove a feature that is material to your plan, we will give you reasonable notice and, where we cannot offer an equivalent, allow you to cancel and receive a refund of prepaid fees for the unused period.
Some features are labelled beta, such as predictive dialing. Beta features may change, may be switched on only for some workspaces, and may be withdrawn. They are provided as they are, without any commitment about availability.
Intellectual property
We own the Service, including the software, design, documentation and our brand. These Terms give you a right to use the Service during your subscription and nothing more. You may not copy, resell or sublicense the Service, build a competing product from it, reverse engineer it, or access it other than through the interfaces we provide. If you send us feedback, we may use it without obligation to you.
Disclaimers
Apart from the commitments made in these Terms, the Service is provided as is and as available. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Calls travel over networks run by third parties, and we do not guarantee that every call will connect, that audio quality will be uninterrupted, or that the Service will be free of errors.
Limitation of liability
To the extent the law allows, neither party is liable for indirect, special, consequential or punitive damages, or for lost profits, revenue or data, even if it was told they were possible. Each party's total liability arising out of these Terms is limited to the fees you paid for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations, to your obligations under the section on indemnity, or to liability that cannot be limited by law.
Indemnity
You will defend us and hold us harmless against claims, fines and penalties brought by third parties or authorities that arise from your calls, your lists, your consent records, your recordings, the content of your messages, or your breach of these Terms or the Acceptable Use Policy, and you will pay the resulting costs, damages and reasonable legal fees. We will tell you promptly about any such claim and let you control its defence, provided that you do not settle it in a way that admits fault on our behalf without our consent.
Term and termination
These Terms apply for as long as you have a workspace. You can end them by cancelling your subscription. We can end them with 30 days' notice, or immediately if you materially breach these Terms or the Acceptable Use Policy and do not fix the breach after notice, or at once where the breach cannot be fixed or puts people, carriers or the Service at risk. The sections on refunds, cancellation and deletion, emergency calling, your calling obligations, your data, disclaimers, limitation of liability, indemnity and governing law continue after termination.
Changes to these terms
The version date of these Terms is shown on this page. When we make material changes, we will tell workspace owners in advance, and owners will be asked to accept the new version in the app. If you do not accept, you may cancel your subscription before the new version takes effect.
Governing law
These Terms are governed by the laws of the jurisdiction shown on this page, without regard to its conflict-of-laws rules. The courts of that jurisdiction have exclusive jurisdiction over any dispute arising from them, except that either party may seek urgent relief in any court that has jurisdiction.
General
You may not transfer these Terms without our consent, except to a successor of your business. If any part of these Terms is found unenforceable, the rest remains in force. A failure to enforce a right is not a waiver of it. These Terms, together with the documents they refer to and any order you sign with us, are the entire agreement between you and us about the Service. Legal notices to us should go to the legal contact and address shown on this page.