These Terms of Service ("Terms") govern your access to and use of ShoutDial's website and cloud communications platform. By creating an account or using our services, you agree to these Terms. If you do not agree, do not use our services.
1. The Services
ShoutDial provides cloud-based communications services including VoIP telephony, business SMS, eFaxing, and AI transcriptions. We reserve the right to modify, suspend, or discontinue any aspect of the services at any time with reasonable notice.
2. Account Registration
You must provide accurate and complete information when creating an account. You are responsible for all activity that occurs under your account, regardless of who performs such activity. You must notify us immediately of any unauthorized use of your account.
You are solely responsible for maintaining the confidentiality of your login credentials. ShoutDial is not liable for any loss resulting from unauthorized account access due to your failure to keep credentials secure.
3. Your Content
You retain ownership of all communications data, recordings, and content transmitted through our services. By using our services, you grant ShoutDial a limited license to store and process your content solely to deliver the services you have requested. We do not claim ownership of your communications.
4. Acceptable Use
You agree not to use our services for any unlawful purpose or in violation of our Acceptable Use Policy, which is incorporated into these Terms by reference. Prohibited uses include but are not limited to: fraud, spam, robocalling, harassment, and any activity that violates applicable telecommunications laws.
5. Billing and Payment
Subscription fees are billed in advance on a monthly basis. All fees are due upon the start of each billing period. Failure to pay may result in suspension or termination of service. Please review our Refunds Policy for information on refund eligibility.
6. Service Availability
Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. We do not guarantee uninterrupted or error-free service. Telecommunications services are inherently subject to factors outside our control, including carrier outages and network conditions.
7. Limitation of Liability
To the maximum extent permitted by law, ShoutDial's total liability to you for any claim arising out of or relating to these Terms or the services shall not exceed the greater of $100 or the total fees paid by you in the six months preceding the claim.
In no event shall ShoutDial be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
8. Indemnification
You agree to indemnify and hold harmless ShoutDial and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising out of your use of the services, your content, or your violation of these Terms.
9. Termination
Either party may terminate the services at any time. We may suspend or terminate your account immediately for violations of these Terms or the Acceptable Use Policy. Upon termination, your right to use the services ceases and we may delete your data after a reasonable retention period.
10. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Delaware.
11. Changes to These Terms
We may update these Terms at any time. Material changes will be communicated via email or a notice in the portal. Your continued use of the services after the effective date of updated Terms constitutes your acceptance.
12. Contact
Questions about these Terms? Contact us at legal@shoutdial.com.