These Terms of Service ("Terms") are a binding agreement between DialEcho LLC ("DialEcho," "we," "us") and the individual or entity that uses the Service ("you," "Customer"). By accessing or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you represent that you are authorized to bind it.
IMPORTANT - outreach compliance is your responsibility. DialEcho is a tool. You are the "caller," "sender," and "initiator" of every call, text, and email you make through the Service, and you are solely responsible for complying with all laws governing that outreach - including the TCPA, the FCC's AI-voice rules, CAN-SPAM, state telemarketing, calling-time, AI-disclosure, and recording-consent laws, the CTIA Messaging Principles, and A2P 10DLC requirements. See Section 5.
1. The Service
DialEcho provides an AI-powered outreach and CRM platform that may include AI and manual outbound/inbound calling, SMS/MMS messaging (including one-to-one and bulk campaigns), email sequencing, contact data enrichment and verification, call recording and transcription, AI qualification and summaries, pipeline/CRM management, and integrations. We may add, change, or remove features.
2. Eligibility, accounts, and organizations
You must be at least 18 and able to form a binding contract. You are responsible for your account, your users, and keeping credentials secure, and for all activity under your account. Provide accurate information and keep it current.
Organizations and sub-organizations. The Service is multi-tenant. You may operate one or more organizations and may create sub-organizations (for example, if you are an agency or reseller providing the Service to your own clients). You are responsible for each organization and sub-organization you create or administer, for your sub-organizations' users and use of the Service, and for ensuring each one complies with these Terms and all applicable law. Each sending organization or sub-organization must complete its own A2P 10DLC sender registration (brand, campaign, and number assignment) through the platform and obtain its own required consents before sending; the platform will not send on behalf of an unregistered/unapproved organization. You - and, where applicable, your sub-organizations - remain the "caller"/"sender" for that organization's outreach under Section 5.
3. Customer data and ownership
As between the parties, you own your Customer Data (your account content and the Contact Data you upload, import, enrich, or process through the Service). You grant DialEcho a worldwide license to host, process, and transmit Customer Data solely to provide and support the Service and as described in the Privacy Policy. For personal data, DialEcho acts as your service provider/processor and processes it only on your instructions under our Data Processing Addendum ("DPA"), which is incorporated by reference. You are the controller and are responsible for the lawfulness of the Customer Data and your instructions.
4. AI features and acknowledgements
The Service uses artificial intelligence, including synthetic/cloned voice generation and AI-generated messaging, and automated transcription and analysis. You acknowledge that AI output may be inaccurate, incomplete, or inappropriate, is provided without warranty, and must be reviewed by you before reliance. You are responsible for the content of every communication sent through the Service, whether AI-generated or not, and for configuring and honoring any required AI/bot disclosures.
5. Acceptable Use and Compliance Obligations
You represent, warrant, and covenant that, for all outreach conducted through the Service, you will:
(a) Consent. Obtain and maintain records of all legally required consent before contacting anyone - including prior express written consent for marketing calls/texts and for any calls using an artificial or prerecorded or AI-generated voice, as required by the TCPA and FCC rules.
(b) Honor opt-outs and DNC. Immediately honor opt-out and revocation requests made in any reasonable manner (e.g., STOP/QUIT/END/CANCEL/UNSUBSCRIBE/REVOKE for texts, "remove me" or similar for calls/email), maintain and scrub against internal do-not-contact lists, and comply with the National and applicable state Do-Not-Call registries and curfew/calling-time rules.
(c) Messaging (A2P 10DLC). Register and accurately describe your messaging brand and campaign; send only messages matching your registered use case and opt-in; include sender identity and STOP/HELP instructions; and not engage in snowshoeing, number rotation to evade filtering, or sending to numbers without consent.
(d) Email (CAN-SPAM). Use accurate header/"from" information and non-deceptive subject lines, identify messages as advertisements where required, include a valid physical postal address, provide a working opt-out, and honor opt-outs within 10 business days.
(e) AI disclosure. Provide clear and conspicuous disclosure that a recipient is interacting with a bot/AI where required by law (e.g., California Bus. & Prof. Code 17941 and other state AI-disclosure laws).
(f) Recording consent. Provide all legally required recording notices and obtain consent, including all-party consent in states that require it, before recording or transcribing.
(g) Data sourcing. Ensure you have the lawful right to upload, import, enrich, and process the Contact Data you use, and not use the Service to process data obtained unlawfully.
(h) Prohibited content and use. Not use the Service for: any unlawful, fraudulent, deceptive, harassing, or abusive purpose; SHAFT content (sex, hate, alcohol, firearms, tobacco) or other carrier-prohibited content; phishing, malware, or high-risk financial scams; contacting emergency lines or people who have not consented; or violating third-party rights.
(i) Your own privacy policy. Maintain and present your own legally compliant privacy notice and consent flows to the individuals you contact.
DialEcho provides compliance tools (e.g., DNC/opt-out scrubbing, STOP handling, quiet-hours pacing, consent logging). These tools assist but do not guarantee your compliance, and using them does not shift legal responsibility to DialEcho. We may suspend or terminate, throttle, or refuse traffic that we reasonably believe violates these Terms, the law, or carrier/provider rules, without liability.
6. Fees and billing
Fees, usage-based charges (e.g., calls, messages, numbers, AI usage), and billing terms are as described at signup or in your order. Charges are non-refundable except as required by law or expressly stated. Pass-through carrier and registration fees (e.g., A2P brand/campaign fees, per-message carrier fees) may apply. Late amounts may incur interest and suspension.
7. Third-party services
The Service integrates third-party services (e.g., carriers, AI providers, calendar/email). Your use of them is governed by their terms, and we are not responsible for them.
8. Intellectual property
DialEcho and its licensors own the Service, software, and all related IP. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service per these Terms. You may not copy, reverse-engineer, resell, or build a competing service from it. You grant us a license to use feedback you provide. We may use aggregated/de-identified data to improve the Service.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DialEcho does not warrant that use of the Service will cause you to be, or that the Service is, in compliance with any law applicable to your outreach; compliance depends on how you use it. We do not warrant uninterrupted or error-free operation, message/call deliverability, or AI accuracy.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALECHO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, OR FOR ANY CLAIM ARISING FROM YOUR OUTREACH OR ALLEGED TCPA/CAN-SPAM/PRIVACY VIOLATIONS. DIALECHO'S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO DIALECHO IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions limit these exclusions, so some may not apply to you.
11. Indemnification
You will defend, indemnify, and hold harmless DialEcho and its parent, subsidiary, and related companies, and their respective officers, employees, and agents, from any claims, damages, penalties, fines, and costs (including reasonable attorneys' fees) arising from (a) your use of the Service; (b) your Customer Data or the people/data you contact or process; (c) your violation of these Terms or any law, including the TCPA, FCC AI-voice rules, CAN-SPAM, state telemarketing/AI-disclosure/recording laws, A2P/CTIA rules, or privacy laws; or (d) your communications' content. This is a primary obligation of the Customer.
12. Suspension and termination
Either party may terminate per your plan. We may suspend or terminate immediately for breach, legal risk, non-payment, or carrier/provider requirements. On termination, your right to use the Service ends; we will make Customer Data available for export for 30 days, then may delete it, subject to legal holds and the Privacy Policy.
13. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict of laws. Any dispute arising out of or relating to these Terms or the Service that is not subject to a separate written agreement will be brought in the state or federal courts located in California, and you consent to their exclusive jurisdiction and venue.
14. Changes
We may update these Terms. Material changes will be posted with a new date and, where required, additional notice. Continued use after changes take effect constitutes acceptance.
15. General
These Terms (with the Privacy Policy, DPA, and any order form) are the entire agreement. If any provision is unenforceable, the rest remains in effect. No waiver is implied. You may not assign these Terms without our consent; we may assign in connection with a business transfer.
16. Contact
DialEcho LLC - legal@dialecho.ai