Terms of Service

1Acceptance of Terms

By accessing or using FlareDial's website, platform, or services ('Services'), you ('Customer') agree to be bound by these Terms of Service ('Terms'). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use our Services.

2Description of Services

• Hosted Predictive Dialer: Cloud-based outbound dialing infrastructure including campaign management, agent dashboards, real-time monitoring, and reporting.
• Managed VICIdial: Fully managed VICIdial installation, configuration, updates, backups, and 24/7 technical support.
• SIP Trunking: Session Initiation Protocol trunking services providing inbound and outbound call termination with geographic DIDs.
• CID Reputation Management: Caller ID monitoring, number rotation, and STIR/SHAKEN compliance tooling.
• DNC Management: Real-time scrubbing against the National Do Not Call Registry and internal list management.
• Hosted PBX: Cloud-hosted private branch exchange with IVR, call routing, voicemail, and extension management.

3Account Registration & Security

• You must provide accurate, current, and complete information during registration and maintain the accuracy of such information.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must notify FlareDial immediately at [email protected] of any unauthorized access or suspected security breach.
• FlareDial reserves the right to suspend or terminate accounts where fraudulent or abusive activity is detected.

4Customer Responsibilities & TCPA Compliance

• You are solely responsible for ensuring that your use of FlareDial's platform complies with all applicable federal, state, and local laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), CAN-SPAM, GDPR, and any applicable state telemarketing statutes.
• You must obtain all legally required consents before placing calls or sending messages to consumers using our platform.
• You must maintain and honor your own Do Not Call (DNC) lists and scrub against the National DNC Registry as required by law.
• You must not use our platform to place calls at times prohibited by law or regulation, to harass individuals, or to transmit pre-recorded messages without proper consent.
• FlareDial provides compliance tools (DNC scrubbing, timezone restrictions) as a convenience. Use of these tools does not guarantee legal compliance, and FlareDial is not liable for your compliance failures.
• You are responsible for all content, scripts, and messaging transmitted through our platform.

5Prohibited Uses

• Using the platform to transmit spam, unsolicited commercial messages, or communications that violate the TCPA or TSR.
• Placing robocalls to emergency lines, healthcare facilities, or numbers on established Do Not Call lists without proper consent.
• Attempting to bypass, disable, or interfere with security features or platform rate limits.
• Using the platform to conduct fraudulent schemes, phishing, or any activity that violates applicable law.
• Reselling or sublicensing FlareDial's services without prior written authorization.
• Reverse engineering, decompiling, or attempting to extract source code from our platform.

6Payment Terms

• Services are billed monthly in advance unless otherwise specified in your service order.
• Invoices are due within 15 days of issuance. Overdue accounts accrue interest at 1.5% per month.
• FlareDial reserves the right to suspend services for accounts more than 30 days past due.
• All fees are non-refundable except where required by law or explicitly stated in your service agreement.
• Usage-based charges (call minutes, DID fees) are billed in arrears based on actual consumption.
• Price changes will be communicated at least 30 days in advance.

7Service Level & Uptime

FlareDial targets 99.9% monthly uptime for its core dialing infrastructure. Scheduled maintenance windows are communicated at least 48 hours in advance and excluded from uptime calculations. In the event of service degradation, we will issue service credits as outlined in your service agreement. FlareDial's liability for downtime is limited to the service credits specified therein.

8Intellectual Property

FlareDial retains all ownership of and intellectual property rights in the platform, software, interfaces, and documentation. These Terms do not grant you any right, title, or interest in FlareDial's intellectual property beyond the limited license to use the Services as described herein. Customer data remains the property of the Customer at all times.

9Confidentiality

Each party agrees to keep the other's confidential information (including pricing, technical architecture, and customer data) strictly confidential and to use it only in connection with the Services. This obligation survives termination of these Terms for a period of three (3) years.

10Disclaimer of Warranties

THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLAREDIAL DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

11Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAREDIAL'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FLAREDIAL IN THE THREE (3) MONTHS PRECEDING THE CLAIM. FLAREDIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THEIR POSSIBILITY.

12Termination

• Either party may terminate these Terms with 30 days written notice.
• FlareDial may suspend or terminate your account immediately for material breach of these Terms, non-payment, or illegal use of the platform.
• Upon termination, your access to the platform will cease. You may export your data within 30 days of termination, after which it will be deleted per our retention policy.

13Governing Law & Disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Any disputes arising under these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in New York, NY. You waive the right to participate in class action lawsuits or class-wide arbitration.

14Changes to Terms

FlareDial reserves the right to modify these Terms at any time. We will provide at least 30 days notice of material changes via email or platform notification. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

15Contact

For questions about these Terms, contact us at: [email protected] | FlareDial, 1234 Business Ave, Suite 100, New York, NY 10001.