Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Services, you represent that you are at least 18 years old and have the legal authority to bind yourself or your organization to these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization. If you do not agree to these Terms, you must not use the Services.

2. Service Description

MobDial provides an enterprise communications platform including programmable voice APIs, SIP trunking, outbound and inbound contact center software, AI-powered analytics and coaching, CRM functionality, lead marketplace, compliance management, form builder, e-signing, payment processing, and related tools. Features vary by subscription plan. We reserve the right to modify, suspend, or discontinue any feature with 30 days written notice.

3. Account Registration

You must provide accurate, complete, and current registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized access. MobDial is not liable for losses arising from unauthorized use of your account.

4. Acceptable Use

You agree not to use the Services for any illegal purpose, including but not limited to: illegal robocalling or telemarketing in violation of the Telephone Consumer Protection Act (TCPA); calling numbers registered on federal or state Do Not Call lists without valid consent; spoofing caller ID with intent to defraud (Truth in Caller ID Act); transmitting threats, harassment, or abusive content; engaging in wire fraud, identity theft, or financial scams; intercepting communications without proper authorization; or violating any applicable local, state, federal, or international law. Violations may result in immediate termination, reporting to law enforcement, and legal action.

5. Service Level Agreement

MobDial commits to 99.99% monthly uptime for the core voice platform, measured as total minutes minus downtime divided by total minutes. Scheduled maintenance windows (announced 72 hours in advance) are excluded. If uptime falls below 99.99% in a calendar month, affected customers are eligible for service credits: 99.9% to 99.99% = 10% credit; 99.0% to 99.9% = 25% credit; below 99.0% = 50% credit. Credits are applied to the next billing cycle and do not exceed 50% of the monthly fee. Credits must be requested within 30 days of the incident.

6. Intellectual Property

MobDial retains all rights, title, and interest in and to the Services, including all software, APIs, documentation, trademarks, trade secrets, and other intellectual property. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Services during the subscription term. You retain all rights to your data and content uploaded to the platform.

7. Customer Data

You retain ownership of all data you upload, create, or generate through the Services ("Customer Data"). You grant MobDial a limited license to process Customer Data solely to provide and improve the Services. We will not access Customer Data except as necessary to deliver the Services, respond to support requests, or comply with law. Upon termination, we will make Customer Data available for export for 30 days, after which it will be deleted.

8. Payment Terms

Fees are billed in advance on a monthly or annual basis as specified in your order. Usage-based charges (voice minutes, SMS, carrier fees) are billed in arrears. All fees are non-refundable except as specified in the SLA. Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less. We may suspend Services for accounts more than 15 days past due after written notice.

9. Termination

Either party may terminate with 30 days written notice at the end of the current billing period. MobDial may terminate immediately for material breach, including acceptable use violations, non-payment exceeding 30 days, or illegal activity. Upon termination, your access ceases and Customer Data is available for export for 30 days. Sections on intellectual property, limitation of liability, indemnification, dispute resolution, and governing law survive termination.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBDIAL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL MOBDIAL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION APPLIES EVEN IF MOBDIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify, defend, and hold harmless MobDial, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, your violation of any applicable law (including TCPA, DNC, and telecommunications regulations), or your infringement of any third-party rights.

12. Dispute Resolution

Any dispute arising under these Terms shall first be subject to good-faith negotiation for 30 days. If unresolved, disputes shall be settled by binding arbitration administered by JAMS in San Francisco, California, under JAMS Comprehensive Arbitration Rules. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction. Each party bears its own costs; arbitrator fees are split equally. Class action waiver: you agree to resolve disputes individually and waive participation in class actions.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For any disputes not subject to arbitration, the state and federal courts located in San Francisco County, California shall have exclusive jurisdiction.

14. Modifications

We may modify these Terms from time to time. Material changes will be communicated via email and posted on our website at least 30 days before taking effect. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to modified Terms, you must discontinue use and terminate your account before the effective date.

15. General Provisions

These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between you and MobDial. If any provision is found unenforceable, the remaining provisions remain in full force. MobDial's failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent. MobDial may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all assets. Headings are for convenience only. No agency, partnership, or joint venture is created by these Terms.

16. Contact

For questions about these Terms, contact us:

• Legal: legal@mobdial.com
• Mail: MobDial, Inc., 340 Pine St, Suite 800, San Francisco, CA 94104
• Phone: +1 (888) 662-3425