These Terms of Service ("Terms") govern your access to and use of ShoutDial's website, cloud communications platform, WebConnect widget, mobile applications, APIs, and related services (collectively, the "Services"). By creating an account or using any part of the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. The Services
ShoutDial provides cloud-based communications services including:
- Cloud PBX: VoIP telephony, business SMS, eFaxing, voicemail, call routing
- AI Features: real-time call transcription, real-time voice translation, text-to-speech playback, shareable LIVE transcripts
- WebConnect: an embeddable website widget that enables browser-based calling with real-time AI translation between your website visitors and your team
We reserve the right to modify, update, or discontinue any feature or aspect of the Services at any time. We will provide reasonable notice for material changes that affect your existing use.
2. Account Registration
You must provide accurate and complete information when creating an account. You are responsible for all activity under your account. Keep your credentials secure and notify us immediately of any unauthorized access. We are not liable for losses resulting from compromised credentials.
Accounts are for business use. By creating an account, you represent that you are at least 18 years old and have the authority to bind your organization to these Terms.
3. Your Content and Data
You retain ownership of all content and data transmitted through the Services, including call recordings, transcripts, translations, SMS messages, fax content, and voicemails ("Your Content").
You grant ShoutDial a limited, non-exclusive license to store, process, transmit, and display Your Content solely to provide the Services. This includes transmitting audio to third-party AI providers for transcription and translation when those features are enabled.
We do not use Your Content to train AI models, for advertising, or for any purpose other than delivering the Services you requested.
4. AI-Powered Features
Third-Party AI Providers
Our AI features (transcription, translation, text-to-speech) are powered by third-party AI service providers, including Google Cloud. These are complex, evolving technologies. By using AI features, you acknowledge:
- Accuracy is not guaranteed. AI transcription and translation may contain errors, omissions, or inaccuracies. Output quality varies by language, accent, audio quality, background noise, and other factors. AI translation is not a substitute for certified human interpreters or translators.
- Not suitable for life-safety or legal compliance. Do not rely on AI transcription or translation as the sole basis for medical, legal, financial, or emergency decisions. If your use case requires certified interpretation (e.g., court proceedings, medical informed consent, immigration hearings), use a qualified human interpreter.
- Third-party availability. AI features depend on the availability and performance of third-party providers. We do not control and cannot guarantee the uptime, accuracy, latency, or continued availability of these services. Changes to third-party AI services may affect feature availability or quality without advance notice from us.
- Language support may change. The number and quality of supported languages depends on our AI providers' capabilities and may change over time.
AI Usage and Billing
AI features consume "AI minutes" as described in your plan. AI minutes are measured based on the duration of active AI processing (transcription, translation, and/or text-to-speech). Different AI modes may consume minutes at different rates as specified in your plan details. Usage is tracked and reported in your portal dashboard.
5. WebConnect Widget
If you use WebConnect, you are embedding ShoutDial's widget on your own website. You are responsible for:
- Disclosure: Informing your website visitors that the widget enables browser-based calling, and that calls may be transcribed and/or translated by AI. Update your website's privacy policy accordingly.
- Recording consent: If call recording is enabled, you are responsible for complying with all applicable recording consent laws (including two-party consent states and jurisdictions). ShoutDial provides tools (e.g., configurable consent prompts) but compliance is your responsibility.
- Widget placement: Ensuring the widget does not interfere with accessibility requirements or legal obligations on your website.
- Visitor data: You are the data controller for your website visitors. ShoutDial processes visitor data as your data processor solely to provide the WebConnect service.
The WebConnect widget loads a JavaScript file from our servers onto your website. We deliver this script over HTTPS and take reasonable measures to ensure its integrity. However, we are not liable for how the widget interacts with other scripts, plugins, or code on your website.
6. Acceptable Use
You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms. Prohibited uses include fraud, spam, robocalling, harassment, and any violation of telecommunications laws. Violations may result in immediate suspension or termination.
7. Billing and Payment
- Subscription fees are billed in advance (monthly or annually, depending on your plan)
- AI minute top-off packs are one-time purchases and are non-refundable
- All fees are in U.S. dollars unless otherwise stated
- Failure to pay may result in service suspension after reasonable notice
- We may change pricing with 30 days' written notice. Price changes apply at your next billing cycle.
- See our Refunds Policy for refund eligibility
Payments are processed by Stripe. By providing payment information, you agree to Stripe's terms of service.
8. Free Trials
We may offer free trials of certain Services. During a trial, you receive limited access as described at sign-up. At the end of the trial period, your access to paid features will end unless you subscribe to a paid plan. We reserve the right to modify or discontinue trial offers at any time.
9. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted service. The Services are provided "AS IS" and "AS AVAILABLE."
Factors that may affect availability include:
- Scheduled maintenance (we will provide advance notice when possible)
- Upstream telecommunications carrier outages
- Third-party AI provider outages or degradations
- Internet connectivity issues between you and our servers
- Force majeure events
We do not offer a formal SLA at this time. In the event of a significant outage caused by us, we may issue service credits at our discretion (see Refunds Policy).
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, we specifically disclaim any warranty that:
- AI transcription, translation, or text-to-speech output will be accurate, complete, or error-free
- The Services will be uninterrupted, timely, secure, or free of viruses or other harmful components
- The Services will meet your specific requirements or expectations
- Any particular language will remain supported
- Call quality will meet any specific standard, as it depends on internet conditions, device capabilities, and other factors outside our control
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- ShoutDial's total aggregate liability for any and all claims arising from or related to the Services shall not exceed the total fees paid by you in the six (6) months preceding the event giving rise to the claim, or $500, whichever is greater.
- In no event shall ShoutDial be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, revenue, data, business opportunities, or goodwill; cost of substitute services; or damages arising from reliance on AI-generated transcriptions or translations.
- ShoutDial is not liable for any damages resulting from: (a) the acts or omissions of third-party AI providers, telecommunications carriers, or payment processors; (b) inaccurate transcription, translation, or text-to-speech output; (c) your failure to comply with recording consent laws; (d) unauthorized access to your account due to compromised credentials; or (e) the interaction of the WebConnect widget with third-party code on your website.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless ShoutDial and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your use of the Services
- Your Content
- Your violation of these Terms or any applicable law
- Your failure to obtain proper consent for call recording, AI transcription, or AI translation
- Your failure to properly disclose the WebConnect widget's data practices to your website visitors
- Claims by your customers, employees, or website visitors related to communications conducted through the Services
13. Intellectual Property
ShoutDial and its licensors own all rights in the Services, including software, APIs, documentation, trademarks, and website content. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as described herein.
The WebConnect widget code and all associated scripts remain our property. You may embed them on your website solely for the purpose of using the WebConnect service.
14. Termination
- By you: You may cancel your subscription at any time through the portal or by contacting us. Cancellation takes effect at the end of the current billing period. No partial refunds for unused time on monthly plans.
- By us: We may suspend or terminate your account immediately for violations of these Terms or the AUP. For non-payment, we will provide at least 7 days' notice before suspension.
- Effect of termination: Upon termination, your access to the Services ends. We will retain Your Content for 90 days after termination, during which you may request an export. After 90 days, we may delete Your Content permanently.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved in the state or federal courts located in Delaware.
Before filing any claim, you agree to attempt to resolve the dispute informally by contacting legal@shoutdial.com. We will attempt to resolve the matter within 30 days.
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, and Refunds Policy, constitute the entire agreement between you and ShoutDial regarding the Services. They supersede any prior agreements or understandings.
18. Changes to These Terms
We may update these Terms at any time. Material changes will be communicated via email or portal notification at least 30 days before taking effect. Continued use after the effective date constitutes acceptance. If you do not agree to the updated Terms, you may cancel your account before the effective date.
19. Contact
Questions about these Terms: legal@shoutdial.com