Terms of Service
VeriDialer ("the Service") is a cloud power-dialer that connects RingCentral telephony with Salesforce. The Service is provided by Inbal Shimony, a sole proprietor located in Woodland Hills, California, United States ("we", "us"). By creating an account or using the Service you agree to these terms on behalf of the organisation you represent ("you", "Customer").
1. The Service
The Service provides outbound dialing, inbound call handling, SMS/MMS messaging, call recording, number-reputation management, and reporting, using your own RingCentral account and your own Salesforce organisation. You must hold valid subscriptions with RingCentral and Salesforce; those services are governed by their own terms and we are not responsible for their availability or conduct.
2. Accounts
You are responsible for the actions of users you invite, for keeping credentials confidential, and for ensuring the information you give us is accurate. We may suspend accounts used in breach of these terms.
3. Subscriptions and billing
- Plans are billed monthly in advance, per tenant, in USD, via our payment processor Stripe. Current prices are listed on the pricing page.
- Subscriptions renew automatically each month until cancelled.
- You may cancel at any time from the in-app Billing page or by emailing support@veridialer.com. Cancellation takes effect at the end of the paid billing cycle; the Service remains available until then. Fees already paid for the current cycle are not refunded. See the refund & cancellation policy.
- Prices may change with at least 30 days' notice; changes apply from your next billing cycle.
- Prices are exclusive of taxes. You are responsible for any sales, use, VAT or similar taxes arising from your subscription, other than taxes on our income.
4. Acceptable use โ telemarketing compliance
The Service is a tool for calling and messaging consumers, and you are solely responsible for using it lawfully. In particular you agree to:
- comply with all applicable telemarketing and privacy law, including the TCPA, the Telemarketing Sales Rule, national and state Do-Not-Call registries, and state calling-hour restrictions;
- obtain any consent required before calling, texting, or recording a call โ recording-consent requirements vary by state, and the Service's consent-notice features do not remove your obligation to configure and use them correctly;
- not use the Service for spam, deceptive caller ID, harassment, or any unlawful purpose.
We may suspend the Service where we reasonably believe it is being used unlawfully.
5. Your data
5.1 Ownership
You own your data โ leads, contacts, call recordings, messages, and the reporting derived from them. We claim no rights in it. We process it only to provide and support the Service, on your instructions, as described in the privacy policy. We do not sell it, and we do not use it to train models or to build products for anyone else.
5.2 Our role
You are the controller of your data and we are your service provider (a processor). You decide which records enter the Service, who is contacted, and how the Service is configured. We act on those instructions.
5.3 Where it is processed
Providing the Service requires a small number of subprocessors. As of the date of these terms they are:
- Render โ application hosting and the database, United States.
- Cloudflare R2 โ call-recording and MMS media storage.
- Stripe โ subscription billing. Stripe receives your billing contact and payment details, never your leads or recordings.
Your RingCentral and Salesforce accounts are your own, contracted directly by you, and are not our subprocessors. We will give notice before adding a subprocessor that processes your data.
5.4 Retention and deletion
Call recordings are retained for 90 days by default, after which a daily purge deletes the stored audio. Other records are kept for the life of your subscription. On termination you may request an export within 30 days, after which we may delete your data. We will delete or return your data on written request, except where we are required to keep it by law.
5.5 Security
We take reasonable and appropriate measures to protect your data. These include transport encryption for data in transit, database-level isolation so one customer's records are not reachable from another's session, credentials for your connected accounts held encrypted rather than in plain text, and access limited to those who need it to operate and support the Service.
No service can promise perfect security, and we do not. We do not currently hold a SOC 2 or ISO 27001 certification and do not claim one.
5.6 If something goes wrong
If we become aware of a breach of security affecting your data, we will notify you without undue delay and share what we know, what we are doing about it, and what we recommend you do.
5.7 Your responsibilities
You are responsible for the lawfulness of the data you put into the Service and for having any notice or consent required to collect, call, message, or record the people in it โ see section 4. You are also responsible for the accounts and permissions you grant your own users.
6. Availability and changes
We aim for high availability, but the Service is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that it will produce any particular business result. We do not warrant the availability or conduct of RingCentral, Salesforce, or any carrier or third-party service.
We may improve or change features over time; we will not materially reduce the core functionality of a paid plan mid-cycle.
7. Limitation of liability
To the maximum extent permitted by law, our total liability arising out of the Service is limited to the fees you paid in the three months before the claim. We are not liable for indirect, incidental, special, consequential or punitive damages, for lost profits, revenue, data or goodwill, or for fines or penalties arising from your own non-compliance with telemarketing, recording or privacy law โ whether or not we were advised such damages were possible.
This limit does not apply to your obligations to pay fees, or to your indemnity obligations under section 8. A cap that also capped the indemnity would leave it with nothing to do.
8. Indemnification
Section 4 makes lawful use your responsibility. This section allocates the cost when a third party disagrees.
You will defend, indemnify and hold us harmless from any third-party claim, demand, proceeding, fine or penalty, and any resulting damages, losses and reasonable legal fees, to the extent it arises from:
- the calls, messages or recordings you make or configure using the Service, including any claim under the TCPA, the Telemarketing Sales Rule, Do-Not-Call rules, or federal or state call-recording and consent law;
- the data you put into the Service, including how it was collected and whether you had the right to use it;
- your configuration choices, including where you disable, bypass or fail to configure an optional compliance feature we make available;
- your breach of these terms or your violation of applicable law.
We will notify you promptly of any such claim, let you control the defence with counsel of your choosing, and cooperate at your expense. You may not settle a claim in a way that imposes any obligation or admission on us without our consent, which we will not unreasonably withhold.
We will defend, indemnify and hold you harmless from any third-party claim that the Service itself, used as permitted by these terms, infringes that party's intellectual property rights โ subject to the limit in section 7.
9. Termination
You may stop using the Service at any time. We may terminate for material breach with 30 days' written notice if the breach is not cured within that period, or immediately for unlawful use or non-payment. On termination your right to use the Service ends and section 5.4 governs your data. Sections 5, 7, 8 and 10, and any fees accrued before termination, survive.
10. General
Governing law. These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The state and federal courts located in Los Angeles County, California have exclusive jurisdiction, and both parties consent to venue there.
Notices. Notice to you may be given in-app or by email to your account's billing or admin address. Notice to us must be sent to support@veridialer.com.
Assignment. Neither party may assign these terms without the other's consent, except that either may assign them in full to a successor in a merger, acquisition or sale of substantially all assets, on notice.
Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control, including outages at RingCentral, Salesforce, a carrier, or our hosting providers. This does not excuse your obligation to pay fees for the Service actually provided.
Independent contractors. Nothing here creates a partnership, agency or employment relationship. We are not a telecommunications carrier and do not originate or terminate calls; calls are placed over your own RingCentral account and numbers.
Entire agreement. These terms are the entire agreement between us regarding the Service and supersede prior discussions. If a provision is unenforceable, the rest remain in effect. A failure to enforce a provision is not a waiver of it. We may update these terms; material changes will be notified in-app or by email at least 14 days before taking effect, and your continued use after that constitutes acceptance.
Contact
VeriDialer is a service of Inbal Shimony, a sole proprietor located in Woodland Hills, California, United States. Questions about these terms: support@veridialer.com.