Acceptable Use Policy
Revised as of: Aug 2, 2019
This Acceptable Use Policy (“AUP”) is incorporated by reference into your Agreement with Dialpad—either the Master Services Agreement executed by and between Dialpad and You or the Terms of Services agreed to by You by signing up for any Service, using the Service, or downloading, installing, or using any application (the “Agreement”). This AUP governs your use of the Dialpad website, Dialpad Talk, Dialpad UberConference, Dialpad Sell and Dialpad Support (each a “Service” and collectively, the “Services”).
Fair Use. Dialpad is committed to providing first class customer service and value to users of our Services. In order to provide the best pricing, support and Services available to all of our users, we retain the right to impose limits on your usage of the Services or to terminate the Services if we reasonably believe that your usage, including, but not limited to, the total number of calls you make, SMS messages you send, or minutes you use is not consistent with normal, fair, and reasonable use of such Services. Wherever reasonably possible, we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
Illegal or Inappropriate Behavior. You shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with Dialpad’s ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages Dialpad’s or other customers’ property. If Dialpad finds that you are using the Services for anything other than the permitted uses in the Agreement or for any of the prohibited uses in the Agreement, Dialpad may at its sole discretion terminate your Service and charge you any applicable fees for the Services used plus damages caused by your improper use. Prohibited uses include, but are not limited to: (1) Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another’s privacy; (2) Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes; (3) Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous; (4) Creating a false Caller ID identity (“ID spoofing”) or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services; (5) Using any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; (6) Using the Services, or permit it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without Dialpad’s prior written consent; (7) Using the Services to develop or enhance any software, software code, or any derivative works of any software without Dialpad’s prior written consent; (8) Using the Services for the purpose of monitoring the Services’ availability, performance, functionality or for any other benchmarking or competitive purposes; (9) Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (10) Utilizing the Services in excess of what, in Dialpad’s sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single line or using a single line in excess of what would be expected of a single user; and (11) Using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
You further understand and agree that your use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising). In addition, some of Dialpad’s Services are offered on an “unlimited” basis. All unlimited Services may only be used for normal business use and exclude international calling to countries other than Canada, which is available for an additional fee. Unlimited Services also may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): trunking or forwarding your Dialpad number to (an)other phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; spamming or blasting (e.g., sending one hundred (100) or more bulk and/or junk voicemail simultaneously); bulk call-in lines (e.g., customer support or sales call centers not provided by Dialpad, “hotlines”, 900 numbers, sports-line numbers, etc.); and auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place outbound calls). In addition, unusually high usage of the Services may impair Dialpad’s ability to provide high quality Services to others and/or indicate unauthorized use of the Services, in which case, Dialpad may suspend or terminate your Account or, upon prior notice. Dialpad reserves the right to add to, modify or amend this Acceptable Use Policy at any time for any reason at its sole discretion.
RESTRICTIONS ON CONTENT CONTRIBUTIONS AND SUBMISSIONS You represent, warrant, and agree that you will not contribute any Content (as that term is defined in the “Content Ownership” section below) or user submission (or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Dialpad);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Dialpad account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- Uses any intellectual property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface;
- Uses the Services, or permits it to be used, for purposes of product benchmarking or other comparative analysis intended for publication without Dialpad’s prior written consent;
- Uses the Services to develop or enhance any software, software code, or any derivative works of any software without Dialpad’s prior written consent;
- Uses the Services as a direct competitor of Dialpad or for the purpose of monitoring the Services’ availability, performance, functionality or for any other benchmarking or competitive purposes;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. Dialpad reserves the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
CONTENT OWNERSHIP AND END USER LICENSE/RESTRICTIONS
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and user submissions (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You agree that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Dialpad’s) rights.
You understand that Dialpad owns the Services. You will not (and will not permit any third party to): (a) rent, lease, provide access to, or sublicense the Services to a third party, (b) use the Services to provide (or incorporate the Services into) any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services except as expressly permitted by applicable law and then only upon advance written notice to Dialpad; or (d) copy, modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
Dialpad grants you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, non-resellable license and right to use the Dialpad Services in strict accordance with the Agreement. All rights not expressly granted under the Agreement are retained by Dialpad, including, but not limited to, no grant of intellectual property rights. You acknowledge and agree that any and all patents, copyrights, trademarks, service marks, trade secrets, and all other intellectual property rights (collectively, “IP Rights”) in the Services are and shall remain the sole and exclusive property of Dialpad. You will not take any action to jeopardize, limit, or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws.
The transmission of unsolicited calls, using the Services for broadcasting, and/or transmitting unsolicited fax advertisements is illegal under federal law, including the Federal Telephone Consumer Protection Act of 1991 and under a number of similar state laws. Distribution of unsolicited voicemail, broadcast, and fax advertisements through the Services is prohibited. You shall not use the Services to send or transmit any unsolicited communications or advertisements and understand that, if you do, Dialpad may immediately terminate your right to use the Services without liability of any kind and you shall indemnify and hold Dialpad harmless in the event of a breach of this restriction.
At Dialpas sole option and without further notice, Dialpad may use technologies and procedures, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to fully, finally, and forever release, hold harmless, and fully indemnify Dialpad from and against any damages or liabilities of any kind related to any voicemail, broadcast, and/or fax spam or solicitations that you may send and/or receive using the Services.
If you transmit or are otherwise connected with any transmission of voice, fax, email, or other unsolicited marketing messages using the Services, you agree to pay Dialpad its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay Dialpad liquidated damages of ten dollars ($10.00) for each unsolicited marketing message transmitted through the Services. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Certain Dialpad Services provide a function that allows you to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. In some states, you are required to obtain consent from all parties to a record a conversation. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. Dialpad expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Dialpad from and against any damages or liabilities of any kind related to your recording of any telephone conversations using the Services.
Note that the laws applicable to call transcription differ by state, province and country. For some jurisdictions, transcribing recorded calls, recording calls, or even transcribing real-time speech over a call or video is prohibited or requires informed consent by some or all parties to the conversation. We recommend you review the relevant laws of your locality or consult with an attorney regarding your specific circumstances. Dialpad expressly disclaims all liability with respect to your transcription of telephone conversations. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Dialpad from and against any damages or liabilities of any kind related to your transcription of any telephone conversations using the Services.
VOICE-TO-TEXT AND TEXT-TO-VOICE LIMITATIONS
Certain Dialpad Services may provide a function that allows voicemails and voice notes to be converted to text and vice versa. You understand and agree that Dialpad’s voice-to-text (“VTT”) and text-to-voice (“TTV”) features may not accurately transcribe voicemails or articulate text messages, respectively. You are solely responsible for checking the original message and verifying the accuracy of the message when using any and all VTT or TTV features. Dialpad expressly disclaims all liability with respect to the conversion of voicemails to text or vice versa. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Dialpad from and against any damages or liabilities of any kind related to your use of VTT or TTV features when using the Services.
SUPPORT AND FEEDBACK
Dialpad may provide customer and technical support to you via telephone, chat, forums, FAQ and email for the Services. The types of support provided by Dialpad is dependent on the products that you purchased and the number of seats using Dialpad in your organization. The types of support provided by Dialpad is determined entirely by Dialpad in its sole discretion and may change from time to time. Dialpad does not make any representations or guarantees that Dialpad will be able to fully resolve any issues reported by you. Except as provided in this section, Dialpad has no obligation to provide additional customer support, technical support, or to provide solutions (e.g., bug fixes to software) to any issues that may arise in your particular use of the Services.
From time to time, Dialpad may send you surveys, comment cards, customer satisfaction forms, or other requests to provide feedback. You hereby grant Dialpad, its licensors, and suppliers a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information you provide to Dialpad.
NUMBER PORTING AND AVAILABILITY
Dialpad will use reasonable efforts to facilitate number transfers or port requests for you, provided that You comply with the necessary and specific procedures for porting between service providers. You acknowledge and understand that number porting depends on the cooperation of third parties outside of Dialpad’s control. Accordingly, you agree that Dialpad will not be liable for the failure or delay of any third party to cooperate in the porting of any telephone number, or for the allegedly unauthorized porting of any telephone number by a third party.
Dialpad works with third party carrier(s) who, on Dialpad’s behalf, port telephone numbers in accordance with applicable regulatory rules and industry guidelines. Dialpad’s third-party carrier(s) require very specific and detailed information and requirements when completing a port request. Please be informed that you will be required to provide such detailed and specific information to complete a port request. For porting numbers into your Dialpad account, follow the procedures on your account settings page for transferring a number to your Dialpad account. For porting numbers out of your Dialpad account, follow the procedures of your new service provider. You understand that porting your number out of your Account does not automatically terminate your Dialpad account.
Dialpad cannot guarantee requested telephone numbers will be available, that your existing provider will port your number, or that circumstances beyond Dialpad’s control will not prevent or delay a successful port of your number for the Services. You should not order any printed material, such as business cards or stationery, showing a telephone number, or issue any press releases or otherwise publicize any telephone number until that telephone number becomes active on your Account. Dialpad shall not be liable for reimbursement for press releases, business cards, and/or stationery under any conditions.
You understand and agree that Dialpad may from time to time need to change the telephone number or assigned to you (due to an area code split or for any other reason). Dialpad shall not be liable for any damages (including consequential, special damages or other damages) to you in the event that it needs to assign you a new telephone number.
DIALPAD 911 SERVICE
FOR USERS OF DIALPAD FREE, ACCESS TO EMERGENCY SERVICES (911) IS NOT AVAILABLE. BY USING DIALPAD FREE SERVICES, INCLUDING PORTING YOUR EXISTING NUMBERS TO DIALPAD FREE, YOU ACKNOWLEDGE THAT YOU SHOULD MAKE ALTERNATIVE ARRANGEMENTS TO REACH 911 AND THAT YOU WILL INFORM ALL BUSINESS COLLEAGUES, HOUSEHOLD RESIDENTS, GUESTS, AND OTHER PERSONS WHO MAY BE PRESENT AT YOUR PHYSICAL LOCATION THAT 911 IS UNAVAILABLE THROUGH DIALPAD FREE.
FOR SUBSCRIBERS OF DIALPAD PAID SERVICES, YOU UNDERSTAND THAT 911 SERVICE IS ONLY PROVIDED THROUGH THE DIALPAD DESKTOP APP OR THE DIALPAD SOFTPHONE DUE TO THE NATURE OF DIALPAD 911 SERVICE AND SERVICE PORTABILITY DISCUSSED BELOW, WE RECOMMEND YOU MAKE ALTERNATIVE ARRANGEMENTS TO PLACE 911 CALLS, SUCH AS USING A TRADITIONAL WIRELINE OR CELLULAR TELEPHONE, AND YOU SHOULD NOT RELY ON DIALPAD TO CALL 911.
YOU UNDERSTAND THAT THE DIALPAD MOBILE APPLICATION USES YOUR DEVICE’S DIALER AND CELLULAR TELEPHONE SERVICE TO MAKE 911 CALLS. IF YOUR DEVICE DOES NOT HAVE CELLULAR TELEPHONE SERVICE, YOU WILL NOT BE ABLE TO CALL 911 FROM THE DIALPAD MOBILE APPLICATION. DIALPAD DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR (OR ANY OF YOUR USERS OR THIRD PARTIES) INABILITY TO MAKE 911 CALLS OR ACCESS EMERGENCY SERVICES.
Dialpad VoIP 911 Service (“Dialpad 911 Service”) operates differently than traditional 911 service. We are required by the FCC to advise you of the circumstances under which 911 may not be available or may be in some way limited by comparison to traditional 911 service. Such circumstances include, but are not limited to, Internet Connection Failure, Number Flexibility & Porting, and Loss of Electrical Power (as described below):
- Internet connection failure. If the connection to the wired broadband internet over which your Dialpad Service is provided is interrupted, you would not have access to Dialpad Service during that interruption and therefore will not have access to Dialpad 911 Service during that interruption.
- Number Flexibility & Service Portability. Traditional 911 service automatically sends your 911 call to the appropriate local emergency responder, or Public Safety Answering Point (“PSAP”), based on your telephone number. Traditional Enhanced 911 service (also known as E911) automatically sends your 911 call to the appropriate PSAP along with your registered address and telephone number. Because the Dialpad Service permits you to obtain a telephone number that does not correspond to your geographic location (for example, you may obtain a Dialpad telephone number with a California area code even if you do not have a California address) and allows you to use Dialpad Service anywhere you have wired broadband Internet, the Dialpad 911 Service functions differently than traditional 911 service in certain respects: Because your address does not necessarily correspond with your telephone number, you must provide Dialpad with the street address(es) where you will be using Dialpad Service (“Registered Location(s)”) when you sign up for Dialpad service. If you relocate any equipment (e.g., PC with softphone, IP phone, or ATA with traditional phone) that you use to access the Dialpad Service, you must update your Registered Location(s). If you do not update your Registered Location(s), any 911 calls you make using the Dialpad Service will be routed based on your previously provided Registered Location and therefore may not be routed to the appropriate PSAP for your new location. In addition, because the Dialpad Service will, where possible, automatically transmit your Registered Location to the PSAP, you must update your Registered Location to ensure that the Dialpad Service transmits accurate location information to the PSAP. Once you notify us of a change in your Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and advise PSAPs of your new Registered Location. In some parts of the country where direct routing to PSAPs is not available for Dialpad 911 Service, the Service will route your call to the National Emergency Call Center where trained agents will ask for the name, location, and telephone number of the person calling 911 and will contact the appropriate PSAP to send help. The call center will not automatically receive your address and telephone number. In these situations, public safety response times may be delayed. As a result, there may be an additional delay before emergency services arrive.
- Loss of Electrical Power. Unless you have a backup system to power your wired broadband Internet connection and any equipment (PC with softphone, IP phone, ATA with traditional phone) that You use to access your Dialpad Service, you will not have phone service or 911 service during any power outage.
Registration of Physical Locations Required. As discussed above, you must register the Registered Location where you will be using Dialpad Service for each phone line you use from Dialpad (e.g., if you purchase Dialpad with three lines, you must provide a Registered Location for each of the three lines). Dialpad will obtain your Registered Location as part of the service initiation process and will not provide Dialpad Service until you have provided your initial Registered Location. However, you must update your Registered Location when you use your Dialpad Service from a new location. Regardless of what address you register, in some circumstances, such as unavailability of direct routing to PSAPs or the use of portable devices to access the Dialpad Service, emergency calls will be routed to the National Emergency Call Center.
You agree to provide true, accurate, current, and complete Registered Location information to Dialpad as part of the service initiation process and to update as soon as possible your Registered Location with true, accurate, current, and complete information whenever you use your Dialpad Service from a new location. If you provide Registered Location information that is, or that Dialpad suspects to be, false, inaccurate, not current, or incomplete, Dialpad has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. Dialpad will not, however, disable your ability to make a 911 call during any service suspension.
You may update your Registered Location by logging on to your account settings page or contacting Dialpad customer support at email@example.com. For purposes of 911 dialing, you may only register one Registered Location for each Dialpad line.
Notify All Users of 911 Limitations. You must inform all business colleagues, household residents, guests, and other persons who may be present at the physical location where you utilize the Dialpad Service that 911 may not be available or may be in some way limited in comparison to traditional 911 service. For subscribers to whom E911 service is provided as part of their Dialpad Services, stickers may be sent with warning that “E911 Service May Be Limited or Not Available” for use with any equipment purchased from Dialpad. It is your responsibility to place these stickers on the equipment you use to access Dialpad Service. If you have not received a sticker, or you require additional 911 stickers, please contact customer support at firstname.lastname@example.org.
Disclaimer of 911 Liability. Dialpad disclaims all responsibility for the conduct of PSAPs, the National Emergency Call Center, and all other third parties involved in the provision of emergency response services. Dialpad does not have any control over PSAPs, the National Emergency Call Center, or other third parties and is therefore not responsible for whether they answer 911 calls made using the Dialpad Service, how they answer these calls, or how they handle or respond to these calls. Dialpad relies on third parties to assist it in the provision of 911 service and disclaims any and all liability for acts or omissions by third parties in the provision of Dialpad’s 911 service. Dialpad expressly disclaims all liability with respect to your use of the E911 service. You hereby agree to fully, finally, and forever release, discharge, hold harmless, and fully indemnify Dialpad from and against any damages or liabilities of any kind related to your use of the E911 services.
OPERATOR ASSISTED CALLING, 311, 511, AND OTHER X11 CALLING
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900, or calling card calls). The Service may not support 311, 411, 511, and/or other X11 calling (other than 911 and 711 as specified in this Agreement) in one or more service areas.
FRAUDULENT ACTIVITY OR ERRONEOUS CHARGES
In the event of suspected fraudulent activity or erroneous charges on your Account, you agree to contact Dialpad as soon as possible. In many cases, Dialpad can mitigate or correct fraudulent activity or erroneous charges without bank or credit card company intervention. If you suspect fraudulent activity or erroneous charges on your Dialpad account, please contact Dialpad customer support at email@example.com. When you contact customer support, please have the following information available: (a) your name, contact information, the Dialpad account telephone number in question, and security verification information; (b) the credit card account number associated with the account; and (c) the total amount in question charged to the account. If you do not contact Dialpad within thirty (30) days after the suspected fraudulent activity or erroneous charges appear on your Account, you waive your rights to object to or challenge such activity or charges. Furthermore, if you request that your bank or credit card company perform a chargeback without first contacting Dialpad, and Dialpad subsequently determines that the charges at issue are not erroneous, Dialpad reserves the right to terminate your account immediately and take any available legal action. Notwithstanding the above, you are solely liable for any transactions or activities by you or anyone else that occur on your Account, and in no event shall Dialpad be liable for any unauthorized use of your Account.
In the event that you breach any of the terms of this AUP, Dialpad retains the right to suspend or terminate Customer’s use of the Dialpad Services (including Dialpad UberConference) upon written notice to you. No credits will be available for terminations or suspensions resulting from Customer’s breach of the AUP.
APPLE TERMS ON THE APP STORE.
The following Terms apply to your use of all the Services, including, but not limited to, the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and Dialpad acknowledge that the Terms are concluded between you and Dialpad only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services as well as the App Store Terms of Service;
- You will only use the Application in connection with an Apple device that you own or control and as permitted in the App Store Terms of Service;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure and Apple may refund to you the purchase price of the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. ; upon notification, Apples sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Dialpad, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to confirm to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Dialpad, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo, or that is listed in Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Dialpad acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Dialpad acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- In the event that you have any questions, complaints, or claims relating to the Application, you may contact Dialpad at: Dialpad, Inc. 100 California Street, Suite 500, San Francisco, CA 94111 or at firstname.lastname@example.org.
Dialpad UberConference Terms of Service
Effective date: Aug 2, 2019
Welcome to Dialpad. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, which include, but are not limited to, Dialpad UberConference, Dialpad Talk, Dialpad Support, and Dialpad Sell (the “Services”) that you order directly through our website. For the avoidance of doubt, if you order services through a Master Service Agreement with us, any such services are governed by the terms of the Master Service Agreement and not these online terms. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com or write us at 100 California Street, Suite 500, San Francisco, CA 94111.
MODIFICATIONS AND UPDATES TO TERMS
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Dialpad website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them by discontinuing your use of the Services; unfortunately, that means you will no longer be able to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
SERVICE REGISTRATION PROCEDURES
Upon signing up for the Services and at subsequent times as requested by Dialpad, you agree to provide Dialpad with your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 911 registered address for each applicable device, email address, contact phone number, credit card information, and other data which may be necessary to administer your Dialpad account (“Account”) (collectively, “Registration Data”). You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that Dialpad suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Dialpad has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by you, your business(es), affiliates and all users of your Account. At all times, you shall maintain and promptly update Registration Data. Upon completion of all Registration Data and acceptance of this Agreement, Dialpad will provide you with, as applicable, a password(s), user ID(s), telephone number(s), and other account information. You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify Dialpad of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall Dialpad be liable for any unauthorized use of your Account.
You represent and warrant that you possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You represent and warrant that you will not use the Services in environments requiring fail-safe performance or in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Registration Data, user name, contact information, office location (as defined in the Services), and all other information provided in connection with your Dialpad Account are true and correct at all times. You represent and warrant that you will not use the Services in violation of the these terms or any terms incorporated herein. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your Account. In order to use the Services, you must have properly configured and working Internet service and/or Public Switched Telephone Network (“PSTN”) service (i.e., mobile and/or landline phone service) and hereby agree, at your sole expense: to (1) obtain access to your own Internet and/or PSTN service with a third party provider other than Dialpad; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Services; (3) supply and pay third-party providers for all additional phone service and features required for your use of the Applications or Services; and (4) pay Dialpad for the Services.
Your use of the Services is subject to the restrictions in the Dialpad Acceptable Use Policy. You warrant and represent that you will at all times comply with the Dialpad Acceptable Use Policy
INFORMATION, AND THIRD PARTIES
Any information transmitted through the Services is the sole responsibility of the person from whom such information originated, and you access all such information at your own risk. Dialpad is not liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information or what actions you may take as a result of having been exposed to the information, and you hereby release us from all liability for you having acquired or not acquired information through the Services. We do not guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Dialpad. You access any such third-party websites or services at your own risk and are responsible for reading and abiding by any terms and conditions, privacy policies, or any other terms, conditions, warranties, or representations associated with such third parties or their websites or services. Dialpad disclaims any liability arising from such use and by using the Services, you release and hold Dialpad harmless from any and all liability arising from your interactions with any third parties or your use of any third-party website or service.
If there is a dispute between participants on this site, or between users and any third party, you agree that Dialpad is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Dialpad, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
CHANGES TO SERVICES
Dialpad, in its sole discretion, reserves the right to add, remove, or modify features or functions, or to provide fixes, updates and upgrades, to the Services. You acknowledge and agree that Dialpad has no obligation to make available to You any subsequent versions of the Services. In addition, you and Dialpad acknowledge that no third party has any obligation whatsoever to furnish maintenance or support services with respect to the Services and that Dialpad is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law. Your continued use of the Services following any modification of the Services constitutes your agreement with any such changes or updates.
In the event that you wish to stop using the Services, you may do so at any time, by contacting us at firstname.lastname@example.org. Dialpad may terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including, but not limited to, your breach of these Terms.
BILLING AND PAYMENT
Some of the Dialpad Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
If you choose to sign up for any Services that carry a fee (the “Paid Services”) you will be charged the then current fees for such Paid Services. Dialpad’s current fees for the Paid Services can be found at https://dialpad.com/pricing and https://www.uberconference.com/pricing. Unless otherwise agreed, all fees paid to Dialpad are non-refundable.
Unless you are paying for the service pursuant to an invoicing arrangement with Dialpad or one of our authorized resellers (“Reseller”), as described in the following paragraphs, any applicable initiation charges, usage, monthly recurring charges, support charges, and other fees are billed in full in advance. Termination, international calling, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of your Account for any reason, all unused calling credits and international calling credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused calling credits, additional credits, promotional credits, or international calling credits or of any remaining periods/months on any account.
When you subscribe to Services, you will provide us with a payment method, such as a valid credit card (including proper billing information), and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method. Upon termination, we will charge you any fees and any other outstanding charges and disconnect your Service. You agree to advise and notify us of any changes to your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on your Account is declined or fails for any reason, Dialpad will use reasonable efforts to contact you and advise you of the failed billing attempts. Notwithstanding the foregoing, Dialpad reserves the right to disconnect your Service and terminate your account if your credit card on file is declined or fails for any reason, and Dialpad reserves the right to continue to attempt charging your credit card for any outstanding Service charges and additional fees and pursue any other legal remedies available to Dialpad.
Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser rate of (a) 18% per annum or (b) the highest rate allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of Dialpad’s rights to collect the full amount due. We may assess an additional fee of the lesser of (a) fifty dollars ($50) or (b) the highest amount allowed by law for any credit card chargeback or check returned for nonpayment.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to your account.
You must dispute any charges for the Services in writing to Dialpad within thirty (30) days of the date of the charge by Dialpad. If you fail to provide a written statement explaining in reasonable detail your reasons for disputing the charge within such time period, you hereby irrevocably waive any objection and further recourse with regard to such charges. Written statements disputing charges must be sent to email@example.com.
PRODUCT PRICING AND AVAILABILITY
With respect to its advertising, offering, or sale of applications, Services, or any other products (collectively, “Service(s)”), Dialpad attempts to describe its products as accurately as possible. Nevertheless, Dialpad does not warrant that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Services (collectively, “Service Information”) from its website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, “Service Materials”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Service Information may be mispriced, described inaccurately, or that the Services may be unavailable. In the event Dialpad determines that a Service is mispriced, described inaccurately, or unavailable, Dialpad reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, canceling your account or subscription to the Services. You agree to notify Dialpad immediately if you become aware of any pricing or descriptive errors or inconsistencies with any Services you order through the Service Materials and comply with any corrective action taken by Dialpad. You acknowledge and agree that the Services may not be available 100% of the time. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of Dialpad and shall be your sole remedy for any Service interruptions or other issues with the Services.
TAXES, CHARGES, AND FEES
All fees for Services advertised or otherwise listed on the website are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively “Taxes and Fees”). For subscribers of Dialpad paid Services, You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services, which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by Dialpad, whether or not mandated by law or regulation. Should Dialpad pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), You agree that Dialpad may invoice you or charge your credit card on file for such payments upon receipt of an invoice and showing of indebtedness to Dialpad.
You are responsible for paying all charges for your Account, including but not limited to toll-free, local, long distance, international, additional feature charges, 411 and operator assisted charges, and directory assistance charges, and for all taxes, surcharges, and fees imposed on you or us as a result of your use of the Service.
From time to time in its sole discretion, Dialpad may offer promotions or discounts. Any promotion or discount codes must be provided to Dialpad upon purchase of the Services. You shall not be entitled to a subsequent credit for such promotions or discounts if you do not request such credit at the time of account creation or change of service. Promotions and/or discounts may not be used cumulatively or be used for Services retroactively. If a promotion and/or discount is offered on a confidential basis, you agree not to disclose the promotion and/or discount and to assume full responsibility for any harm, direct or indirect, caused to Dialpad by the disclosure of the promotion and/or discount.
Dialpad offers unlimited monthly calling for domestic calls (United States and Canada) and text messages from your mobile phone or computer. An unlimited service provides you with a domestic telephone number and is subject to the terms and restrictions of the Acceptable Use Policy along with any other restrictions described herein, as well as any reseller agreements, if applicable. If, for any reason, Dialpad believes that you are using the unlimited service for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then Dialpad may, in its sole discretion with or without notice, terminate your unlimited service.
Dialpad offers toll-free numbers, for an additional monthly fee, plus additional charges based on the minutes of use for inbound calls. Having a toll-free number requires that you maintain a balance of calling credits. When you are nearing exhaustion of your initial paid allotment of calling credits, we will automatically recharge on your behalf, an incremental package for additional credits, unless you disable this feature otherwise. Post-paid pricing packages and other variable terms may be available through invoiced accounts or resellers. Please refer to any applicable reseller agreements for additional terms of service. If, for any reason, Dialpad believes that you are using the toll-free calling for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then Dialpad may, in its sole discretion with or without notice, terminate your toll-free calling service.
INTERNATIONAL CALLING AND “LOCAL” INTERNATIONAL TELEPHONE NUMBERS
To make international calls using the Services, you must enable international calling in your settings and pre-purchase at least the minimum package of international calling credits necessary to make such international calls. Insufficient credits may cause your call to be terminated. Packages of international calling credits will decrement based on the rate defined per country and carrier. Our international calling rates are available at https://www.dialpad.com/rates/ . In addition, you may be charged any applicable Taxes and Fees associated with international calls. You are solely responsible for the region and numbers you choose and any associated charges on your account. Dialpad also offers some “local” international numbers for you to make and receive calls and texts. Rates, terms, Taxes and Fees associated with international inbound and outbound calling and texting services may vary based on the country and reseller agreement, if applicable. If, for any reason, Dialpad believes that You are using the Service for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then Dialpad may, in its sole discretion with or without notice, terminate your service.
VALUE, OWNERSHIP, AND EXPIRATION OF CALLING CREDITS
Toll-free and international calling credits have no monetary value and cannot be exchanged for the cash value or refunded at any time after such credits are purchased by you, including after the closure of your account. Credits may only be redeemed and used by the holder or users of the associated account or “office” to which the Credits have been credited, and may not be sold, transferred, assigned, or used by another user or with another user’s account or office. Any unused credits remain on your account and "roll over" to the next billing period. Additional credits and promotional credits expire according to the terms of their purchase.
The account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with Dialpad. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open the account. Subsequent changes to ownership must be supported by appropriate legal documentation. Dialpad shall not adjudicate ownership-related disputes, or any other internal business dispute. If Dialpad is unable to determine the valid owner of the account, Dialpad reserves the right to suspend or terminate the account and Services.
ADDITIONAL TERMS FOR DIALPAD VOIP SERVICE
Dialpad’s Services includes one or more Voice over Internet Protocol (“VoIP”) lines, including the option to add additional lines at a later date. Your license to the Services is provided for a term specified in your order (the “Term”) through Dialpad or an authorized Reseller. The initial Term begins on the date that you sign up for the Services (the “Date of Purchase”). The Term for all Services will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify Dialpad customer service of non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in your Agreement.
Monthly Service. For subscribers of monthly Services, you may cancel or terminate your use of the Services with or without cause at any time by contacting Dialpad customer service at firstname.lastname@example.org, subject to the restrictions and fees provided in these Terms, and any additional agreements governing the Services.
Annual Service. For subscribers of annual Services, you are purchasing the Service for the full length of the applicable Term. If you terminate the Services prior to the end of your Term, you are responsible for all charges for any remaining time left on the Term as if you remained a customer through the end of the then-current Term, including, without limitation, outstanding charges, unbilled charges, taxes, and fees, including any applicable disconnection fee. In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.
Equipment. To use the Dialpad Service, you may wish to purchase phones, headsets, or other equipment (collectively, “Equipment”). All Equipment shipments are F.O.B. Dialpad’s shipping distributor facility. Dialpad’s liability for delivery shall cease, and title to such Equipment (if applicable) and all risk of loss or damage shall pass to you upon delivery to the shipping carrier.
STORAGE OF USER INFORMATION
Dialpad is not obligated to store your communications logs, voicemails, faxes, emails, or other messages and does so only as a convenience to you. You agree that Dialpad has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, emails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that Dialpad may establish limits as to the size of communications that Dialpad transmits or stores and the duration for which Dialpad stores any communications.
You may use Dialpad Confidential Information only in connection with your use of the Services as permitted under this Agreement. During the term of your use of the Dialpad Services and for a period of five (5) years thereafter, you will not disclose Dialpad Confidential Information and you will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Dialpad Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature.
For purposes of this Agreement, “Dialpad Confidential Information” means all nonpublic information disclosed by Dialpad or its affiliates, employees, agents, contractors, partners, or suppliers, which is either designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, would reasonably be understood to be confidential in nature, including but not limited to: (a) nonpublic information relating to Dialpad’s customers, business plans, product roadmaps, promotional and marketing activities, finances, or other company or business information (or that of our affiliates, partners, or suppliers); (b) any confidential and proprietary third-party information; and (c) the nature, content and existence of any discussions or negotiations (including, but not limited to the terms of this or any other Agreement and any pricing or discounts). Dialpad Confidential Information does not include any information that: (i) is or becomes publicly available without breach of these Terms; (ii) can be shown by documentation to have been known to you at the time of your receipt from Dialpad; (iii) is received from a third party who was not bound by an obligation of confidentiality or restriction on disclosure; or (iv) can be evidenced as independently developed by you without reliance on or reference to the Dialpad Confidential Information.
WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION.
Warranty Disclaimer. Dialpad does not make any representations or warranties concerning the Services,. Additional services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Dialpad. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DIALPAD BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO DIALPAD IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Dialpad, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms (including any terms or policies incorporated by reference herein). In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
PUBLICITY AND NON-DISPARAGEMENT
You agree that Dialpad may identify you as a user of the Services on Dialpad’s website or any third party website where Dialpad or its designated agents may promote the Services in its business deals, press releases, marketing materials, advertising, newsletters, mailings, tradeshows, other promotional materials, and on Dialpad’s website or any other third-party website where Dialpad or its designated agents may promote the Services. You hereby grant Dialpad and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages Dialpad or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, Dialpad may terminate your access to the applications or Services if You breach the requirements of this section.
Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. Dialpad shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Dialpad’s reasonable control.
Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and Dialpad (“Dispute”), You and Dialpad shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, you and an authorized member of Dialpad’s legal department (or other representative of Dialpad designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither you nor Dialpad shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
California Subscribers. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 916-445-1254.
Effective date: Sept 12, 2020 View Archived Version
This guide answers questions like:
- What Personal Information does Dialpad collect?
- How does Dialpad use Personal Information?
- What Personal Information does Dialpad share with third parties and why?
- How is Personal Information about me secured?
- How can I access, manage, and delete my data?
- How does Dialpad comply with specific state and country laws?
- Where can I ask questions about this policy?
What Personal Information does Dialpad collect?
Information You Provide to Us
When you create a Dialpad account, you provide us with Personal Information such as your name, email address, phone number, password, and payment information.
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features within the Services.
Information We Collect As You Use Our Services
When you interact with our Services, we automatically receive and record information that we then use to provide the Services.
Device and Session Information: We collect information about your browser or device, which may include your IP address, device IDs, or other unique identifiers, cookie information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. We use this data to customize your experience with our Services, based on your usage patterns. We also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make decisions about future development focus. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
Telephony Information: We maintain customer call records such as time, duration, the number of the called party. Like all telephony services, we also maintain and temporary copies of call audio for up to 48 hours for quality assurance.
Call Audio: Some of Dialpad’s Services and its Voice Intelligence (Vi) features include saving audio and transcription from calls, both to enable these features and to train and improve the models that these features are based on, such as speech recognition and understanding. Dialpad may use pseudonymized segments of such transcriptions and recordings to improve or validate its features, or securely share it with contractors to do so on Dialpad’s behalf. Any training data saved by Dialpad is used only for improving Dialpad’s language models, and is processed primarily by automated systems. A small fraction of training data may be manually reviewed. You may opt out of manual review at any time by contacting email@example.com. You can control what data is stored by choosing which Dialpad features you use from the settings menu in the relevant Service.
How does Dialpad use Personal Information?
Dialpad uses Personal Information to deliver the Services, and also to improve the Services and to communicate with you about the Services, including marketing communications.
The main ways that we use the Personal Information that you provide to us or that we collect when you use the Service are to:
- deliver the Services, including placing and receiving voice and video calls, and providing recordings, transcriptions, and analytics of calls; determining your geographic location for efficient call routing, and organizing your contacts,
- manage your account and billing, to enable secure login and single sign on, and allow third party integrations;
- prevent, detect, and investigate potentially prohibited or illegal activities, including fraud and violations of our Terms of Service and Acceptable Use Policy; and
- improve Dialpad’s products and train the audio and language models that the Services are based on.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more applicable and improve our services. If you do not want to receive communications from us, you can always opt out by unsubscribing through the link at the bottom of our emails.
We do not use Personal Information to make automated decisions.
What Personal Information does Dialpad share with third parties and why?
Information that’s no longer personally identifiable
We may anonymize your Personal Information so that you are not individually identifiable, and provide that information to certain of our partners to help us improve our Service, such as sending anonymized samples of audio or text to a third party to improve speech-to-text transcription and reading comprehension. We may also provide aggregate usage information to our partners to understand how often and in what ways people use our Services. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual.
Cookies Policy, Third Party Analytics, and Tracking
Dialpad and third party service providers of tracking technologies gather non-personal information about how users enter, navigate, and leave the website and Services, the frequency and length of visits to the Services or third party websites, application or device usage data, and your product or service preference indicated by the number of times and the length of time you view a product. Dialpad gathers this data using cookies (both first party cookies, such as the Google Analytics cookie, and third-party cookies, such as the DoubleClick cookie), web beacons, tags, and other similar techniques that deliver small files to your computer and which allow these networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers.
Dialpad uses certain third-party services that help us understand traffic on our website in various ways:
Google Analytics and Google Adwords help Dialpad understand who is visiting Dialpad’s websites and to show relevant ads on other websites to people who have visited Dialpad’s websites. You can control what ads you see through the Google Ad Settings Manager. More information on how Google uses information collected when you use Google’s partner sites is available at Google’s Partner Technologies page.
Wistia powers the videos on our site. Wistia tracks how you interact with these videos: how much of a video you watch, at what points in a video you pause or rewind, etc. In some videos, we pause the video and request that you provide your email address or name. You are under no obligation to provide this information, but we reserve the right to limit certain videos to identified users. Wistia aggregates the data collected through the videos here, including names and email addresses, and provides it to us. Wistia does not sell or provide the data it collects to third parties.
You may be able to opt out of tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; but we don’t control whether or how these third parties comply with Do Not Track requests. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
Affiliated Businesses and Service Integrations
We will share your Personal Information with affiliated businesses only if you or your Dialpad Services administrator set up an integration, and we will only share your information to the extent that it is related to the transaction or service, such as the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account. If you choose to take part in any transaction or service relating to an affiliated website or business, please review their policies.
Agents, Subprocessors, and Contractors
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide the Services to you. For example, we use a payment processing service to receive and process your credit card transactions for us. Our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us and may not use such information for marketing purposes. We may authorize access to your data for those employees, contractors, partners, and agents who need to know that information in order to operate, develop and improve products and services. When we transfer data of customers in the European Union to agents and third parties, we remain liable for ensuring that it is kept secure. Dialpad’s list of sub-processors can be viewed within our Help Center.
User Profiles and Contacts
Certain user profile information, including your profile photo and status, may be displayed to other users within the Services. You are responsible for entering and updating that content. Additionally, if you sign into the Services through a third party service, your list of contacts from that site or service may be automatically imported to the Services.
If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of Dialpad and Others
We reserve the right to access, read, preserve, and disclose any Personal Information that we believe is necessary to comply with the law; to respond to lawful requests by public authorities, a court order or subpoena; to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of Dialpad, our employees, our users, or others, including to meet national security or law enforcement requirements.
How is Personal Information about me secured?
Your account is protected by a password, and your Personal Information is encrypted in transit and in storage using industry standard encryption. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security.
How can I access, manage, and delete my data?
Through your account settings, you may access, and, in some cases, edit, or delete the following information you’ve provided to us:
- name and password
- email address
- phone number(s)
- time zone
- place of employment
- recorded/transcribed messages and calls
- call history including incoming/outgoing number and duration
- user profile information, including images you have uploaded
- billing information
- other third-party account information you have linked to the site
The information you can view, update, and delete may change as the Services change. You also have the right to access, correct, amend, or delete information that we hold via a Data Subject Access Request. When you update information, we may maintain a copy of the unrevised information in our records.
You may request deletion of your Dialpad Talk, Dialpad Support and/or Dialpad Sell account by contacting firstname.lastname@example.org. You may delete your Dialpad UberConference account by selecting the “Delete My Account” link at the bottom of the account page (www.uberconference.com/account). After deletion of your account, some information may remain in our records for a period of time that is consistent with the purpose it was collected for. We may use any anonymized and aggregated data derived from your Personal Information after you update or delete it, but not in a manner that would identify you personally.
Following the cancellation of your Services, we will delete and/or anonymize information related to your account so that no personal information is retained by Dialpad or its contractors, unless otherwise required by law.
How does Dialpad comply with specific state and country laws?
Europe and GDPR
Under the General Data Protection Regulation (GDPR) Dialpad is a Processor of personal data, and processes data at the direction of its company customers, as directed by contract and Dialpad’s Data Processing Agreement (DPA). Dialpad is also a data Controller solely with respect to aggregated audio and transcript data collected and processed in connection with the Vi feature. The lawful basis for such processing is Dialpad’s legitimate interest in improving the Services.
Dialpad ensure that the collection, use, and retention of personal information transferred from the European Union, Switzerland, and the United Kingdom to the United States is authorized via a suitable legal vehicle, such as the Standard Contractual Clauses. For more information on how to sign a Data Processing Agreement for your organization please visit our DPA Help Center article.
You have a right to access your data, correct or remove it, or completely withdraw your consent for processing it at any time. Such requests may be submitted via Dialpad’s Data Subject Access (DSAR) Request Form. The withdrawal of a consent does not affect the lawfulness of processing based on consent before its withdrawal.
California and CCPA
COPPA Compliance Statement
Dialpad does not provide services designed for use by children under the age of 13, nor does it knowingly collect or solicit personal information from anyone under the age of 13. If we learn that we have collected such information we will delete that information as quickly as possible. If you believe that a child under 13 has provided us personal information, please contact us at email@example.com.
Where can I ask questions about this policy?
Copyright Dispute Policy
Effective date: Aug 2, 2019
In accordance with the DMCA, we’ve adopted this Copyright Dispute Policy. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and/or (2) remove and discontinue service to repeat offenders. Your use of Dialpad’s Services is at all times subject to the Terms of Service, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Dialpad’s Designated Agent (contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Dialpad is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number, and email address;
- A statement that the notifier has a good faith belief that the identified infringing material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Procedure Following Dialpad’s Receipt of Bona Fide Infringement Notification. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- Remove or disable access to the infringing material;
- Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- Terminate such content provider's access to the Services if a repeat offender or as otherwise deemed appropriate in our sole discretion.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing (or otherwise has a bona fide right to post and use such material from the copyright owner) the content provider may send our Designated Agent a counter-notice containing the following information:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and email address; and
- A statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located (or if the content provider's address is located outside the United States, for any judicial district in which Dialpad is located), and acknowledgement that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, Dialpad may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Dialpad may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Dialpad's discretion.
Dialpad’s Designated Agent to Receive Notification of Claimed Infringement:
100 California Street, Suite 500
San Francisco, CA 94111