Terms of Service

These Terms of Service ("Terms") govern your access to and use of the DialWaves platform, available at dialwaves.com, operated by DialWaves ("we," "our," or "us"). Please read these Terms carefully before using our services.

1. Acceptance of Terms

By creating an account, accessing, or using the DialWaves platform, you agree to be bound by these Terms and our Privacy Policy. If you are using the platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not use the platform.

2. Service Description

DialWaves is a voice-first lead and appointment platform that provides:

• AI-powered outbound and inbound voice calling
• Campaign management including auto-dial, blast, and IVR campaigns
• Lead and contact management with configurable pipelines
• Call recording, transcription, and AI-powered analysis
• Appointment booking and scheduling
• Text-to-speech voice synthesis
• Analytics dashboards and reporting
• Multi-tenant team management

We reserve the right to modify, suspend, or discontinue any feature of the platform at any time, with or without notice.

3. Account Registration and Responsibilities

To use DialWaves, you must:

• Provide accurate and complete registration information
• Maintain the confidentiality of your login credentials
• Be at least 18 years old or the age of legal majority in your jurisdiction
• Promptly update your account information if it changes

You are responsible for all activity that occurs under your account. If you suspect unauthorized access to your account, you must notify us immediately at support@dialwaves.com. We are not liable for any loss or damage arising from unauthorized use of your account.

4. Acceptable Use

You agree not to use the DialWaves platform to:

• Send spam or unsolicited calls: All outbound calls must be to contacts who have a legitimate business relationship with you or have provided prior consent to be contacted
• Violate DND regulations: You must comply with all applicable Do Not Disturb (DND) and Do Not Call (DNC) registry requirements in your jurisdiction. Our platform provides DND checking tools, but ultimate compliance responsibility rests with you
• Make illegal calls: You must not use the platform for threatening, harassing, fraudulent, deceptive, or illegal communications
• Violate calling hour restrictions: You must adhere to all applicable laws regarding permissible calling hours
• Misrepresent identity: You must not spoof caller IDs or misrepresent your identity or the purpose of your calls
• Abuse platform resources: You must not attempt to circumvent rate limits, token quotas, or channel allocations
• Reverse engineer: You must not reverse engineer, decompile, or attempt to extract the source code of the platform
• Interfere with the service: You must not introduce malware, attempt to gain unauthorized access, or disrupt the platform for other users

Violation of these acceptable use terms may result in immediate suspension or termination of your account without refund.

5. Billing and Tokens

5.1 Subscription Plans

DialWaves offers multiple subscription tiers (Starter, Pro, Business, and Enterprise), each with different feature sets, usage limits, and pricing. Plan details and pricing are available on our website and within the platform.

5.2 Token-Based Usage

Certain platform features consume tokens, including outbound calls, AI processing, text-to-speech generation, and transcription. Token rates vary by plan tier and feature. You are responsible for monitoring your token usage. When your token balance is exhausted, token-consuming features will be unavailable until you purchase additional tokens or your balance is replenished.

5.3 Payment and Renewal

Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan). Payments are due at the start of each billing period. Failure to pay may result in suspension of your account.

5.4 Refunds

Subscription fees are generally non-refundable. Unused tokens do not carry over between billing periods unless specified by your plan. Refund requests for exceptional circumstances will be evaluated on a case-by-case basis.

6. Intellectual Property

6.1 Our Property

The DialWaves platform, including its software, design, branding, documentation, and all related intellectual property, is owned by DialWaves. Your subscription grants you a limited, non-exclusive, non-transferable license to use the platform for its intended purpose during your subscription term.

6.2 Your Content

You retain ownership of the data you upload to the platform, including contacts, recordings, and campaign content. By using the platform, you grant us a limited license to process, store, and transmit your content as necessary to provide our services. We will not use your content for purposes unrelated to delivering the platform services without your consent.

7. Service Availability

We strive to maintain high availability of the DialWaves platform. However, we do not guarantee uninterrupted, error-free, or continuous access to the service. The platform may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Unexpected technical issues or outages
• Third-party service provider disruptions (telephony carriers, cloud infrastructure)
• Force majeure events

We will make reasonable efforts to notify you in advance of planned maintenance. We are not liable for any loss or damage resulting from service unavailability.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• DialWaves is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill
• Our total aggregate liability for any claims arising out of or related to these Terms or the platform shall not exceed the amount you paid to us in the twelve (12) months preceding the claim
• We are not liable for the content of calls made through the platform, the accuracy of AI-generated transcriptions or summaries, or any decisions you make based on platform-generated insights

9. Indemnification

You agree to indemnify and hold harmless DialWaves, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the platform, your violation of these Terms, your violation of any applicable laws or regulations (including telemarketing and privacy laws), or your infringement of any third-party rights.

10. Termination

10.1 By You

You may cancel your subscription and terminate your account at any time through the platform settings or by contacting us. Cancellation takes effect at the end of your current billing period. You remain responsible for any charges incurred before cancellation.

10.2 By Us

We may suspend or terminate your account immediately and without notice if you violate these Terms, engage in fraudulent or illegal activity, fail to pay outstanding charges, or if we are required to do so by law. We may also terminate your account with 30 days notice for any reason.

10.3 Effect of Termination

Upon termination, your access to the platform will cease. We will retain your data for 90 days following termination, during which you may request an export. After this period, your data will be permanently deleted unless we are required by law to retain it.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or the use of the platform shall be subject to the exclusive jurisdiction of the courts located in India. Before pursuing formal legal action, you agree to attempt to resolve any dispute informally by contacting us at support@dialwaves.com.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes affecting your rights or obligations, we will provide at least 30 days notice via email or in-app notification. Your continued use of the platform after the updated Terms take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the platform.

13. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and DialWaves regarding the platform
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction

14. Contact Us

If you have any questions about these Terms of Service, please contact us at: