These Terms of Service (“Terms”) are a legal agreement between you and Daily Dials governing your access to and use of the Daily Dials websites, applications, calling tools, support, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and our Privacy Policy.
1. Agreement and eligibility
You must be at least 18 years old and legally capable of entering a binding agreement to use the Services. If you use the Services for a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.
If you do not agree to these Terms, do not access or use the Services. Additional order forms, subscription terms, or written agreements accepted by you may also apply. If they conflict with these Terms, the more specific written agreement controls for that conflict.
2. The Services
Daily Dials provides business software designed to help real estate teams conduct and manage calling workflows. Depending on the customer’s plan and configuration, features may include calling, number rotation, caller activity visibility, call records and recordings, dispositions, reporting, AI-generated summaries, lead grading, and follow-up or CRM tools.
We may improve, modify, add, or remove features over time. We do not promise that every feature will be available in every plan, location, device, integration, or at all times.
3. Accounts and authorized users
You must provide accurate account information and keep it current. You are responsible for safeguarding login credentials, limiting access to authorized users, and all activity under your account. You may not share credentials outside your authorized team or allow another person to access the Services in violation of these Terms.
Notify us promptly at hello@dailydials.com if you suspect unauthorized account access. You are responsible for obtaining and maintaining the hardware, internet access, and other systems needed to use the Services.
4. Customer Data
“Customer Data” means information, content, contact lists, lead records, recordings, notes, messages, and other materials that you or your authorized users submit to, generate through, or direct us to process through the Services.
You retain your rights in Customer Data. You grant Daily Dials a non-exclusive, worldwide license to host, copy, transmit, display, modify, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, and improve the Services; comply with your instructions; enforce our agreements; and meet legal obligations.
You represent that you have all rights, notices, consents, permissions, and lawful bases needed for Daily Dials to process Customer Data as directed by you. You are responsible for the accuracy, legality, and quality of Customer Data and for maintaining your own copies where appropriate.
5. Calling and communications compliance
You are solely responsible for determining whether and how you may lawfully contact each recipient. Your use of the Services must comply with all applicable laws and rules, including the Telephone Consumer Protection Act, Telemarketing Sales Rule, federal and state Do Not Call requirements, calling-time restrictions, consent and opt-out requirements, caller identification rules, call-recording and wiretapping laws, and carrier policies.
- Use only contact data you are legally permitted to possess and use.
- Obtain and document all legally required consent before calling or recording.
- Honor opt-out, revocation, and Do Not Call requests promptly across your systems and lists.
- Keep internal suppression lists accurate and observe applicable calling hours and state-specific requirements.
- Provide accurate identity and contact information and do not mislead recipients about the caller or purpose of a call.
Compliance tools are safeguards, not legal advice or a guarantee. Daily Dials may screen numbers against configured National, state, internal Do Not Call, or suppression data and may block numbers identified as restricted. These features do not replace your responsibility to assess consent, exemptions, list accuracy, recording laws, calling purpose, calling hours, and every other requirement applicable to your campaign.
You must not use number rotation, caller identification, or any other feature to evade law, carrier enforcement, recipient preferences, or Daily Dials safeguards. If you are unsure whether a campaign is lawful, consult qualified legal counsel before using the Services.
6. Acceptable use
You may use the Services only for lawful business purposes. You may not:
- send unlawful, deceptive, harassing, abusive, threatening, discriminatory, obscene, or unsolicited communications;
- call emergency services, hospitals, public-safety lines, utility emergency lines, or other sensitive destinations except where clearly lawful and appropriate;
- spoof, falsify, or misrepresent caller identity or use numbers you are not authorized to use;
- harvest personal information unlawfully, upload stolen data, or infringe privacy, publicity, intellectual-property, or other rights;
- introduce malware, disrupt networks, overload the Services, probe security, bypass controls, or gain unauthorized access;
- resell, sublicense, reverse engineer, scrape, or copy the Services except as expressly permitted in writing; or
- use the Services in a way that could expose Daily Dials, a carrier, or another person to civil or criminal liability.
We may investigate suspected violations and restrict campaigns, numbers, users, or accounts when reasonably necessary to protect the Services, recipients, carriers, or the public.
7. AI features
Some features may use artificial intelligence to create summaries, classifications, lead grades, suggestions, or other outputs. AI outputs may be incomplete, inaccurate, or inappropriate for a particular situation. You are responsible for reviewing outputs before relying on them or using them in communications or decisions.
AI features do not provide legal, financial, real-estate, or other professional advice, and they do not determine whether a call or campaign is lawful.
8. Telecommunications, numbers, and availability
Calls and other communications depend on telecommunications carriers, networks, recipient devices, internet providers, and services outside our control. We do not guarantee connection, delivery, audio quality, answer rate, caller identification display, number availability, or uninterrupted service.
Telephone numbers made available through the Services may be subject to carrier rules, regulatory requirements, availability, reassignment, suspension, or release. You do not acquire ownership of a number merely by using it through the Services.
9. Third-party services
The Services may link to or interoperate with third-party products. Your use of a third-party service is governed by that provider’s terms and privacy notice. Daily Dials is not responsible for third-party services, data, availability, acts, or omissions. You authorize us to exchange Customer Data with a third party when you or an authorized user enables the integration.
10. Fees and subscriptions
Fees, included usage, billing cadence, renewal, cancellation, and any applicable credits or refund eligibility are governed by the order form, checkout terms, or subscription details presented to you. You authorize the applicable payment provider to charge the payment method associated with your account for amounts due.
You are responsible for applicable taxes other than taxes based on Daily Dials’ net income. We may suspend paid features or account access for overdue amounts after any notice required by your agreement or applicable law.
11. Ownership and feedback
Daily Dials and its licensors own the Services, software, designs, documentation, trademarks, and related intellectual property, excluding Customer Data. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your internal business operations.
If you provide feedback or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use them without restriction or compensation, provided we do not identify you publicly without permission.
12. Suspension and termination
You may stop using the Services at any time and may cancel as described in your applicable subscription terms. We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create security or legal risk, misuse telecommunications resources, or if continued service would violate law or carrier requirements.
Upon termination, your right to use the Services ends. Provisions that by their nature should survive—including payment obligations, ownership, disclaimers, limitations of liability, indemnification, and dispute provisions—will survive. Data export and deletion are subject to your plan, account settings, applicable agreement, and our retention obligations.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DAILY DIALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR EVERY CAMPAIGN; THAT DATA OR AI OUTPUTS WILL BE ACCURATE OR COMPLETE; OR THAT USE OF THE SERVICES WILL PRODUCE A PARTICULAR NUMBER OF CALLS, CONNECTIONS, LEADS, APPOINTMENTS, OR SALES.
Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILY DIALS AND ITS AFFILIATES, PERSONNEL, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR COMMUNICATIONS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DAILY DIALS AND ITS AFFILIATES, PERSONNEL, AND SUPPLIERS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO DAILY DIALS FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits do not apply to liability that cannot legally be limited.
15. Indemnification
You will defend, indemnify, and hold harmless Daily Dials and its affiliates, personnel, and suppliers from claims, investigations, liabilities, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from or related to: your Customer Data; your calls, campaigns, recordings, or communications; your violation of law, carrier rules, third-party rights, or these Terms; or use of the Services through your account. We will provide reasonable notice of a covered claim and may participate in its defense.
16. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. To the extent a dispute may be brought in court, you and Daily Dials consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida. Either party may seek appropriate injunctive or equitable relief for threatened misuse of intellectual property, confidential information, or the Services.
17. Changes to these Terms
We may update these Terms to reflect changes in the Services, law, or business operations. We will post updated Terms with a new effective date and provide additional notice when required. Changes apply prospectively. Your continued use after the effective date constitutes acceptance of the updated Terms.
18. General terms
These Terms and any applicable order form or written agreement are the entire agreement about the Services and supersede prior discussions on that subject. You may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, sale, or transfer of the relevant business. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions remain in effect. Headings are for convenience only.
19. Contact
Questions about these Terms may be sent to:
Daily Dials
hello@dailydials.com
7901 4th Street N.
St. Petersburg, FL 33702