Terms & Conditions

1. Acceptance of Terms

These Terms & Conditions ("Terms") govern access to and use of Dialynx's AI-powered inbound and outbound voice calling platform (the "Service"), operated by Dialynx ("Company," "we," "us"). By creating an account or using the Service, you ("Customer," "you") agree to be bound by these Terms.

2. Description of Service

Dialynx provides software that deploys AI voice agents to handle inbound and outbound phone calls, including call answering, lead qualification, appointment scheduling, and CRM data sync with platforms including HubSpot, Zoho CRM, and Salesforce. The Service relies on third-party telecom carriers (including Twilio), AI/voice model providers, and CRM platforms to operate.

3. Eligibility & Account Registration

You must be at least 18 years old and have authority to bind the business you represent. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. Customer Responsibilities — Calling & Messaging Compliance

You, not Dialynx, are the "sender" of record for calls and texts placed through your account. You are solely responsible for:

• Obtaining and retaining valid, documented prior express consent (and prior express written consent, where required) from every individual you call or text, in compliance with the TCPA, applicable state calling/texting laws, and carrier requirements (including A2P 10DLC campaign registration where applicable to your use case)
• Scrubbing contact lists against the National Do Not Call Registry and honoring internal do-not-call/opt-out requests
• Complying with applicable call-recording consent laws (one-party vs. two-party consent states) for any calls you record via the Service
• Ensuring accurate, non-spoofed caller ID information
• Not using the Service to make calls or send texts for debt collection, political robocalls, or other regulated categories without the specific consents and disclosures those categories require
• Complying with all obligations imposed by Twilio's Acceptable Use Policy, Messaging Policy, and 10DLC campaign vetting requirements as they apply to traffic sent through your account

Dialynx may suspend or terminate accounts that generate excessive complaints, spam reports, carrier filtering, or violate these obligations.

5. AI Disclosure

The Service uses artificial intelligence to conduct or assist with phone conversations. Where required by applicable law (including state AI-disclosure or bot-disclosure statutes), you are responsible for configuring your agent to disclose to call recipients that they are interacting with an automated/AI system.

6. Prohibited Uses

You may not use the Service to: send unsolicited communications without consent; engage in robocalling or robotexting in violation of law; harass, defraud, or deceive recipients; spoof caller ID with intent to defraud; place calls to emergency numbers; transmit unlawful, defamatory, or infringing content; or violate any applicable telecom, privacy, or consumer protection law.

7. Third-Party Services & Integrations

The Service integrates with third-party platforms, including Twilio (telecom), CRM providers (HubSpot, Zoho CRM, Salesforce), and AI/voice providers. Your use of these integrations is also subject to those providers' own terms and requires your own active account/subscription with them where applicable. Dialynx is not responsible for outages, data handling, or policy changes made by third-party providers, including carrier-level message filtering or campaign rejection decisions made by Twilio or upstream carriers.

8. Fees & Billing

Fees are billed according to your selected plan. Fees are non-refundable except as required by law or expressly stated at signup. We may change pricing with prior notice for renewal terms.

9. Call Data, Recordings & Ownership

As between you and Dialynx, you retain ownership of your call recordings, transcripts, and customer data ("Customer Data"). You grant Dialynx a limited license to process Customer Data solely to provide and improve the Service. Dialynx owns all rights in the underlying platform, software, and AI models.

10. Confidentiality

Each party agrees to protect the other's confidential information using reasonable care and to use it only for purposes of this agreement.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF THIRD-PARTY CARRIER OR CRM NETWORKS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALYNX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY TCPA, CARRIER FINE, OR REGULATORY PENALTY ARISING FROM YOUR FAILURE TO OBTAIN PROPER CONSENT OR COMPLY WITH CALLING/MESSAGING LAWS. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold Dialynx harmless from claims, damages, fines, or penalties (including TCPA statutory damages or carrier fines) arising from your use of the Service in violation of these Terms or applicable calling/messaging law.

14. Termination

Either party may terminate for convenience with notice as specified in your order form, or immediately for material breach, including violations of Section 4 (Calling & Messaging Compliance) or Section 6 (Prohibited Uses).

15. Compliance with Laws

You are responsible for your own compliance with TCPA, CTIA Messaging Principles, A2P 10DLC campaign requirements, state privacy and recording laws, CAN-SPAM (where applicable), and any industry-specific regulations (e.g., HIPAA, FDCPA) relevant to your use case.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which Dialynx is incorporated, without regard to conflict-of-law principles. Disputes shall be resolved in the courts of that jurisdiction, unless otherwise required by law.

17. Changes to Terms

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance.

18. Contact

Questions about these Terms: fvthakordeveloper@gmail.com