Terms of Service

Effective Date: May 26, 2026. Last updated: May 26, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and DialCloud, Inc., a Delaware corporation (“DialCloud,” “we,” “us,” or “our”), governing your access to and use of the DialCloud platform, website, mobile applications, and all related services (collectively, the “Service”). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By creating an account, clicking “I agree,” or otherwise accessing or using the Service, you affirm that you are at least 18 years old, have the legal capacity to enter into a binding contract, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization, and all references to “you” include that organization. If you do not agree to these Terms, do not access or use the Service.

2. Description of Service

DialCloud is an AI-powered phone answering and appointment scheduling platform built for US home-service businesses, including but not limited to plumbers, HVAC technicians, electricians, landscapers, and pest-control operators. The Service includes:

  • 24/7 AI voice agent for inbound call answering
  • Automated appointment booking and calendar synchronization
  • Call recording, transcription, and AI-generated summaries
  • Outbound SMS confirmations, reminders, and notifications
  • A web dashboard and mobile app for managing calls, bookings, and team members
  • Integrations with third-party calendar, telephony, and billing services

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. For material changes, we will provide reasonable advance notice.

3. Account Registration

To use the Service you must register an account by providing accurate, complete, and current information. You are responsible for:

  • Maintaining the confidentiality of your account credentials and restricting access to authorized personnel only
  • All activity that occurs under your account, whether or not authorized by you
  • Notifying us immediately at [email protected] of any unauthorized access or security breach
  • Ensuring all users in your organization who access the Service comply with these Terms

We reserve the right to refuse service or terminate accounts at our sole discretion, particularly in cases of suspected fraud, abuse, or violation of these Terms.

4. Free Trial

New accounts receive a free trial consisting of 60 voice minutes or 30 calendar days, whichever comes first. No credit card is required to start a trial. During the trial, the full Service is available subject to the minute and time limits above.

When your trial expires, your AI agent will stop answering calls until you activate a paid subscription. Trial minutes and days do not carry over. We reserve the right to modify or discontinue the free trial offer at any time.

5. Subscription and Payment

DialCloud offers three monthly subscription plans. Current pricing is as follows:

  • Essentials: $39 per month, includes 200 voice minutes
  • Professional: $99 per month, includes 500 voice minutes
  • Business: $149 per month, includes 800 voice minutes

Voice minutes in excess of your plan’s monthly allocation are billed at the applicable per-minute overage rate shown at the time of subscription. By subscribing, you agree to the following:

  • Billing Cycle: Subscriptions are billed monthly in advance on the date you activate your plan. All payments are processed by Stripe, Inc.
  • Payment Method: You must provide and maintain a valid payment method. By providing payment details, you authorize us to charge your payment method for all amounts due.
  • Failed Payments: If payment fails, we will attempt to retry your payment method up to three times over seven days. After three consecutive failures, we may suspend your Service until payment is received.
  • Non-Refundable: Subscription fees are non-refundable except as required by applicable law. If you cancel mid-cycle, your access continues until the end of the current billing period with no prorated refund.
  • Price Changes: We will provide at least 30 days’ advance notice before increasing subscription prices. Continued use after a price change takes effect constitutes your acceptance of the new pricing.

6. Acceptable Use

You agree to use the Service only for lawful business purposes and in compliance with all applicable laws and regulations. You agree not to:

  • Use the Service for any illegal, fraudulent, deceptive, or harmful purpose
  • Make or facilitate robocalls, spam calls, or unsolicited telemarketing in violation of the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, or any similar law
  • Deploy the AI agent without required disclosures where a jurisdiction requires disclosure that the caller is speaking with an automated system or AI (see Section 7 regarding call recording consent obligations)
  • Transmit malware, viruses, or any code designed to damage, disrupt, or gain unauthorized access to systems
  • Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure
  • Reverse engineer, decompile, disassemble, or derive source code from any part of the Service
  • Resell, sublicense, white-label, or distribute the Service without our prior written consent
  • Use the Service in a way that could damage, disable, overburden, or impair our servers or networks
  • Scrape, crawl, or systematically extract data from the Service other than through approved APIs

Violations may result in immediate account suspension or termination and may be reported to applicable law-enforcement authorities.

7. Call Recording and Consent

All inbound calls handled through DialCloud are recorded and transcribed for service quality, training, and AI-model improvement purposes. The DialCloud AI agent plays the following disclosure at the start of every call:

“This call may be recorded for quality and training purposes.”

Under US federal law (18 U.S.C. § 2511), recording with the consent of one party to the call is generally permitted. However, many US states require all-party (two-party) consent, including but not limited to: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington.

As a Customer, you are solely responsible for ensuring that your use of the Service’s call recording features complies with all applicable federal, state, and local laws in the jurisdictions where you operate and where your callers are located. DialCloud provides the disclosure mechanism described above, but that mechanism alone may not satisfy all jurisdictional requirements. You should consult legal counsel regarding your specific obligations.

By enabling call recording or using the Service in a recording context, you represent that you have independently verified compliance with applicable recording consent laws and you agree to indemnify DialCloud for any claims arising from your failure to comply.

8. Intellectual Property

The Service, including its software, design, text, graphics, logos, AI models, and all related content, is owned by DialCloud, Inc. and protected by US and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service for your internal business purposes during your active subscription term.

You retain ownership of all data, content, and materials you upload or create through the Service (“Customer Data”). By using the Service, you grant DialCloud a limited, worldwide, royalty-free license to process Customer Data solely to provide, maintain, and improve the Service. DialCloud will not use your identifiable Customer Data to train AI models that benefit other customers without your consent.

If you provide feedback, suggestions, or ideas about the Service, you grant DialCloud a perpetual, irrevocable, royalty-free license to use that feedback without any obligation or compensation to you.

9. Customer Data and Privacy

DialCloud processes certain data on behalf of Customers in connection with providing the Service, including call recordings, transcripts, and the contact information of your callers. In such cases, DialCloud acts as a data processor and you act as the data controller. You are responsible for ensuring you have the legal basis and necessary disclosures to collect and share your customers’ data with DialCloud as part of the Service.

Our handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Third-Party Integrations

The Service relies on and integrates with third-party providers, including:

  • Twilio Inc.: phone numbers, inbound/outbound calling, and SMS delivery
  • ElevenLabs, Inc.: AI voice synthesis, conversational AI engine, and call transcription
  • Stripe, Inc.: subscription billing and payment processing
  • Resend (Resend, Inc.): transactional email delivery
  • Google LLC: Google Calendar integration and optional Google Sign-In
  • Microsoft Corporation: Microsoft Calendar (Outlook/Microsoft 365) integration and optional Microsoft Sign-In

Your use of features that depend on third-party services is also subject to those providers’ own terms of service and privacy policies. DialCloud is not responsible for the availability, accuracy, or conduct of third-party services, and any outage or failure of a third-party provider does not constitute a breach of these Terms by DialCloud.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

  • The Service is 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, title, or non-infringement.
  • DialCloud does not warrant that the Service will be uninterrupted, error-free, or that the AI agent will handle every call correctly. The AI system may occasionally misinterpret caller requests or produce inaccurate transcripts.
  • DialCloud shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, business opportunities, data, or goodwill, even if advised of the possibility of such damages.
  • Our total aggregate liability to you for any and all claims arising out of or related to these Terms or the Service shall not exceed the total fees you paid to DialCloud in the twelve (12) months immediately preceding the event giving rise to the claim.
  • Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for consequential damages, so the above limitations may not apply to you in full.

12. Indemnification

You agree to indemnify, defend, and hold harmless DialCloud, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, fines, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including TCPA and state call-recording consent laws; (d) your violation of any third-party rights; or (e) any Customer Data you provide through the Service.

13. Termination

Either party may terminate this agreement at any time:

  • By You: You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period; you retain access until then with no prorated refund.
  • By DialCloud: We may suspend or terminate your account immediately, without prior notice, if you materially breach these Terms, fail to pay fees when due after the cure period in Section 5, engage in activity that could harm the Service or other users, or as required by law.

Upon termination, your right to use the Service ceases immediately. We will retain your Customer Data for 30 days following the termination date, during which you may request an export by contacting support. After 30 days, we will delete your Customer Data in accordance with our Privacy Policy, except where we are required by law to retain certain records.

14. DMCA / Copyright

If you believe that material available through the Service infringes your copyright, please send a written notice to our designated copyright agent:

  • Email: [email protected]
  • Mail: DialCloud, Inc., Attn: DMCA Agent, 2093 Philadelphia Pike #4434, Claymont, DE 19703

Your notice must comply with the requirements of 17 U.S.C. § 512(c)(3). We will respond to valid DMCA notices promptly.

15. Dispute Resolution

Informal Resolution. Before initiating formal proceedings, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will make a good faith effort to resolve your concern within 30 days.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, or remotely if agreed by the parties. The arbitrator’s decision shall be final and binding.

Class Action Waiver. You waive any right to bring or participate in any class, collective, or representative action against DialCloud. All disputes must be brought in your individual capacity only.

Injunctive Relief Carve-Out. Notwithstanding the foregoing, either party may seek injunctive, declaratory, or other equitable relief in any court of competent jurisdiction where necessary to protect intellectual property rights or prevent irreparable harm.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions. For any disputes not subject to arbitration under Section 15, you consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

17. Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you at least 30 days in advance by email or via a prominent notice in the dashboard. The “Last updated” date at the top of this page will always reflect the most recent revision. Your continued use of the Service after the effective date of any revision constitutes your acceptance of the updated Terms.

18. Contact Us

For legal notices or questions about these Terms, please contact us: