Terms of Service

Last updated: March 27, 2026

These Terms of Service ("Terms") govern your access to and use of the Power Dialer platform ("Service") operated by Power Dialer, Inc. ("we", "us", "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. Service Description

Power Dialer is an API-first platform for outbound calling campaigns. The Service provides:

  • Automated call placement and campaign management
  • Call recording and real-time transcription
  • AI-generated call summaries and disposition tracking
  • SMS follow-up messaging
  • Do Not Call (DNC) list management and enforcement
  • Consent collection and audit trail capabilities

The platform relies on third-party infrastructure providers for telephony, speech-to-text transcription, and AI summarization. Availability of these features is subject to the availability of the underlying third-party services.

2. Account & Access

To use the Service, you must create an account. The following conditions apply:

  • Company email required. Signups with personal email addresses (e.g., gmail.com, yahoo.com) are not accepted. A valid company or organizational email is required.
  • One organization per signup. Each account maps to a single organization. Version 1 of the platform supports a maximum of 10 agent seats per organization.
  • API key confidentiality. Your API key (sk_live_...) is a secret credential. You must never expose it in client-side code, public repositories, or any environment accessible to unauthorized parties. Keys are SHA-256 hashed and never stored in plaintext. You are responsible for all activity that occurs under your API key.
  • Authentication. You are responsible for integrating your own authentication mechanisms. The platform provides API key-based access; securing end-user access within your systems is your responsibility.

3. Billing & Payment

  • Pricing. The Service is billed at $99 per seat per month. Each seat includes 2,000 calling minutes per billing cycle. Usage beyond the included minutes is billed at $0.07 per minute.
  • Payment processing. All payments are processed through our billing provider. Metered usage (call minutes, SMS messages) is reported automatically and reflected on your invoice.
  • Test campaigns. Campaigns created with the identifier camp_test are always free and are never billed. These campaigns are intended for integration testing and development purposes only.
  • Billing cycle. Seat fees are billed monthly in advance. Overage minutes are billed monthly in arrears.
  • Refunds. Subscription fees are non-refundable. Metered usage charges are non-refundable once incurred. We reserve the right to change pricing with 30 days' notice.

4. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference. Key requirements include:

  • You must comply with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and all applicable federal, state, and local telemarketing laws.
  • You must have prior express written consent from every contact before placing calls through the platform.
  • The platform enforces DNC list checking automatically on every dial attempt. This enforcement cannot be bypassed, overridden, or disabled.
  • Violations of the AUP may result in immediate account suspension or termination without notice.

5. Data & Privacy

Your use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and protect data. Key points include:

  • Call recordings are retained for 90 days by default. This retention period may be configurable based on your plan.
  • Transcripts are retained for 2 years from creation.
  • Contact data you upload remains your property. We process it solely to provide the Service.
  • GDPR compliance. We support the right to erasure. Contact data can be anonymized upon request; structural records required for compliance are retained in anonymized form.

6. Compliance

The platform provides built-in compliance safeguards, but shared responsibility applies:

What the platform enforces automatically

  • DNC list checking on every dial attempt
  • Calling hours enforcement (8:00 AM to 9:00 PM in the contact's local timezone)
  • Attempt limits per contact (3 attempts per day, 10 attempts per month)
  • Automatic DNC registration from SMS STOP replies
  • Immutable consent record storage with IP address and timestamp

What you are responsible for

  • Collecting prior express written consent before uploading contacts
  • Ensuring the legality and accuracy of your contact lists
  • Maintaining records of consent obtained outside the platform
  • Complying with industry-specific regulations applicable to your business

7. Intellectual Property

The Service, including its API, documentation, and software, is owned by us and protected by intellectual property laws. You retain ownership of all data you upload to or generate through the Service.

8. Termination

  • By you. You may terminate your account at any time by contacting us or through the platform settings. Termination takes effect at the end of the current billing cycle.
  • By us. We may suspend or terminate your account immediately if you violate these Terms or the Acceptable Use Policy, or if required by law.
  • Data after termination. Upon termination, your data is retained for 30 days to allow for export. After the 30-day retention window, all data (contacts, recordings, transcripts, campaigns) is permanently purged.
  • Phone numbers. Any phone numbers provisioned for your account are released back to the platform upon termination and may be reassigned.

9. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, Power Dialer, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to your use of the Service.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

The platform depends on third-party infrastructure providers. We are not liable for outages, degraded performance, or data loss caused by these providers. We will make commercially reasonable efforts to communicate known outages promptly.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email to the address associated with your account at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware.

12. Contact

For questions about these Terms, contact us at legal@dialer.io.