Effective Date: April 30, 2026
By accessing or using the PowerDialerX platform ("Platform"), including any associated websites, applications, APIs, and services (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms.
If you do not agree to these Terms, you may not access or use the Service.
The following definitions apply throughout these Terms:
PowerDialerX is a software-as-a-service (SaaS) platform that provides outbound calling tools, call management features, and related telecommunications functionality. The Platform is a technology tool provided for use by independent businesses and individuals. PowerDialerX does not make calls on behalf of its Users, does not provide leads or contact lists, and does not direct or control Users' calling activities.
Subject to your compliance with these Terms and payment of all applicable fees, PowerDialerX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your Subscription Term, solely for your internal business purposes.
All right, title, and interest in and to the Platform — including the software, source code, designs, user interfaces, trademarks, logos, know-how, and any modifications, enhancements, or derivative works thereof — are and shall remain the exclusive property of PowerDialerX and its licensors. No rights are granted to you by implication, estoppel, or otherwise except as expressly set forth in these Terms. You retain all rights in your Customer Data, subject to the license granted in Section 9.
You acknowledge and agree that you are solely responsible for your use of the Platform and for ensuring that your use complies with all applicable federal, state, and local laws, rules, and regulations, including but not limited to:
You represent and warrant that prior to uploading or using any contact list on the Platform, all numbers have been scrubbed against the National Do Not Call Registry within the preceding 31 days, you have obtained any and all consents required by applicable law to contact each number, and you have a reasonable basis to believe that each number may be lawfully contacted for the purpose you intend.
PowerDialerX does not provide legal advice. You are encouraged to consult with qualified legal counsel regarding your compliance obligations.
You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, including activities of your Authorized Users. You must notify PowerDialerX promptly — and in any event within 72 hours — of any actual or suspected unauthorized access to your account or compromise of credentials.
You agree not to, and not to permit any Authorized User or third party to:
PowerDialerX reserves the right to suspend or terminate your account immediately and without notice if we reasonably believe you are using the Platform in violation of these Terms or applicable law.
The Platform may include call recording functionality. You acknowledge and agree that you are solely responsible for complying with all applicable federal and state laws regarding call recording, including obtaining any required consent from call participants prior to recording. Some jurisdictions require the consent of all parties to a call before it may be recorded. It is your responsibility to understand and comply with the recording consent requirements applicable to each call you make.
PowerDialerX does not determine, monitor, or enforce your compliance with recording consent laws. Enabling the recording feature constitutes your acknowledgment that you have determined recording is lawful for each call recorded.
You retain ownership of all Customer Data. By using the Platform, you grant PowerDialerX a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely as necessary to provide and improve the Service to you.
The Platform uses artificial-intelligence and machine-learning systems to provide features such as call transcription, call summarization, sentiment analysis, suggested dispositions, and extraction of structured lead data from call audio (collectively, "AI Output").
POWERDIALERX DOES NOT USE CUSTOMER DATA — INCLUDING CALL RECORDINGS, TRANSCRIPTS, OR ANY DATA DERIVED FROM THEM — TO TRAIN, FINE-TUNE, OR OTHERWISE IMPROVE OUR OWN AI MODELS OR ANY GENERAL-PURPOSE AI MODEL.
Where the Platform relies on third-party AI service providers to deliver these features, we do so under contractual terms that prohibit those providers from using Customer Data to train their models. Customer Data is processed by such providers only as needed to return the requested AI Output and is not retained by them beyond what is required to deliver the Service.
AI Output is generated automatically and may contain errors, omissions, or inaccuracies. You are responsible for reviewing AI Output before relying on it for compliance, sales, contractual, or other decisions. PowerDialerX makes no warranty as to the accuracy, completeness, or fitness of AI Output for any particular purpose.
PowerDialerX will handle Customer Data in accordance with our Privacy Policy. You represent and warrant that you have all necessary rights and consents to upload and process any Customer Data through the Platform, and that your use of Customer Data complies with all applicable privacy and data protection laws. You are solely responsible for the security and legality of the data you upload and process through the Platform.
You agree to pay all fees associated with your selected plan in accordance with the pricing and payment terms presented at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or required by law. PowerDialerX reserves the right to change pricing upon 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
Usage-based charges, including per-minute calling fees and telephony costs, will be billed in accordance with the rates disclosed in your account dashboard.
Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date.
Cancellation. You may cancel your subscription at any time through the Platform settings or your billing portal. Cancellations take effect at the end of your then-current billing period. You will continue to have access to the Service through the end of that period, and no prorated refund will be issued for the unused portion.
Suspension for non-payment. If a payment fails or remains unpaid, PowerDialerX may suspend access to the Service after providing reasonable notice and an opportunity to update your payment method. Suspension does not relieve you of any outstanding payment obligation, and continued non-payment is grounds for termination under Section 18.
Suspension for breach. PowerDialerX may suspend your access immediately and without notice if we reasonably believe you are violating the Acceptable Use Policy, any applicable law, or any underlying telecommunications carrier's terms.
Taxes. Fees are exclusive of any sales, use, value-added, or similar taxes, except for taxes based on PowerDialerX's net income. You are responsible for the payment of all such taxes associated with your use of the Service.
From time to time, PowerDialerX may make features available on a beta, preview, alpha, early-access, or "labs" basis ("Beta Features"). Beta Features are provided "as is," may be incomplete, unstable, or subject to change, may be modified or removed at any time without notice, and are excluded from any service-level commitment, support obligation, or warranty (whether express or implied). PowerDialerX shall have no liability for any loss or damage arising from your use of Beta Features. Your use of Beta Features is voluntary and at your sole risk.
If you provide PowerDialerX with any suggestions, ideas, feature requests, bug reports, or other feedback regarding the Service ("Feedback"), you grant PowerDialerX a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and incorporate such Feedback into the Service or any other PowerDialerX product or service, without any obligation or compensation to you. Feedback is provided voluntarily and is not your Confidential Information.
"Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure. PowerDialerX's Confidential Information includes the Platform's non-public features, non-public pricing, and Documentation. Your Confidential Information includes your Customer Data.
Each party agrees to:
Confidential Information does not include information that (i) is or becomes publicly known through no fault of the Receiving Party; (ii) was lawfully known to the Receiving Party prior to receipt; (iii) is rightfully obtained from a third party without confidentiality obligation; or (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.
The Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that, where legally permitted, it gives the Disclosing Party prompt prior notice and a reasonable opportunity to seek a protective order.
PowerDialerX may modify, add, remove, or discontinue features, functionality, or components of the Service at any time, in our discretion. We will use commercially reasonable efforts to provide reasonable advance notice of material adverse changes, but we are not obligated to maintain any particular feature, integration, or third-party connection.
The Service depends on third-party providers, including telecommunications carriers, payment processors, and cloud infrastructure. PowerDialerX is not responsible for outages, defects, latency, or changes caused by such third parties, and no service-level commitment is made with respect to their availability.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. POWERDIALERX DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY CALLS MADE THROUGH THE PLATFORM WILL BE SUCCESSFULLY CONNECTED OR COMPLETED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWERDIALERX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM OR YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
POWERDIALERX'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO POWERDIALERX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
YOU ACKNOWLEDGE THAT POWERDIALERX IS A TECHNOLOGY PLATFORM PROVIDER AND IS NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH TELEMARKETING, TELECOMMUNICATIONS, INSURANCE, OR ANY OTHER APPLICABLE LAWS.
You agree to indemnify, defend, and hold harmless PowerDialerX and its officers, directors, employees, dialers, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation, including but not limited to the TCPA, TSR, state telemarketing laws, call recording laws, and insurance solicitation laws; (d) any claim by a third party related to calls made or data processed through your account; or (e) your Customer Data.
Termination for cause. Either party may terminate this agreement for material breach by the other party if the breach remains uncured 30 days after written notice describing the breach in reasonable detail. PowerDialerX may terminate immediately and without a cure period if your breach involves fraud, illegal activity, violation of the Acceptable Use Policy, or non-payment beyond the suspension period under Section 10.
Termination for convenience. You may cancel your account at any time as described in Section 10. PowerDialerX may suspend or terminate your access at any time, with or without cause, and with or without notice, particularly if we believe you are violating these Terms or applicable law.
Upon termination, your right to use the Service ceases immediately. PowerDialerX may retain Customer Data for a reasonable period in accordance with our data retention policies and applicable law. You may request deletion of your Customer Data by contacting support. Sections that by their nature should survive termination — including Sections 4 (Ownership), 9 (Customer Data), 12 (Feedback), 13 (Confidentiality), 15 (Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), 21 (Governing Law), and 22 (Miscellaneous) — shall survive any termination of these Terms.
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, labor disputes, internet or telecommunications failures, third-party service outages, or natural disasters. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.
PowerDialerX reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where practicable, by email. Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND POWERDIALERX TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. YOU MAY OPT OUT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AS DESCRIBED IN SECTION 21(f) BELOW.
(a) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
(b) Informal Resolution. Before initiating any formal proceeding, the parties agree to attempt to resolve the dispute informally. The complaining party shall send written notice describing the claim in reasonable detail (to support@powerdialerx.com for PowerDialerX, or to the email address associated with your account for you), and the parties shall negotiate in good faith for at least 30 days before commencing arbitration.
(c) Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that is not resolved through informal resolution shall be resolved exclusively through final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or its Streamlined Arbitration Rules if the amount in controversy is less than $250,000). The arbitration shall be conducted by a single arbitrator in Orange County, Florida, or, at your option, by remote video proceedings. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
(d) Class Action Waiver. THE PARTIES AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID AS TO THAT CLAIM ONLY, AND THAT CLAIM SHALL PROCEED IN THE COURTS DESIGNATED IN SECTION 21(g).
(e) Carve-Outs. Notwithstanding the foregoing, either party may (i) bring an individual claim in small-claims court if the claim qualifies and remains in that court; and (ii) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or breach of confidentiality obligations.
(f) Right to Opt Out. You may opt out of the arbitration agreement and class action waiver in this Section 21 by sending written notice of your decision to opt out to support@powerdialerx.com within 30 days after first accepting these Terms (or, for existing accounts, within 30 days after the effective date of any material amendment to this Section 21). Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor PowerDialerX will be required to arbitrate disputes; instead, disputes will be resolved exclusively in the courts designated in Section 21(g). Opting out will not affect any other provision of these Terms.
(g) Venue for Non-Arbitrable Claims. For any claim not subject to arbitration — including claims falling within the carve-outs in Section 21(e), claims by a party that has validly opted out under Section 21(f), and any claim if the arbitration provision is held unenforceable as to that claim — the parties consent to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida, and waive any objection to venue or personal jurisdiction in such courts.
(h) Survival. This Section 21 shall survive any termination or expiration of these Terms.
These Terms constitute the entire agreement between you and PowerDialerX with respect to the Service. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. PowerDialerX's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. You may not assign or transfer these Terms without PowerDialerX's prior written consent. PowerDialerX may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Neither party may make commitments or representations on behalf of the other.
Equitable relief. You acknowledge that any breach of Section 5 (User Responsibilities), Section 7 (Acceptable Use Policy), Section 13 (Confidentiality), or any infringement of PowerDialerX's intellectual property would cause irreparable harm for which monetary damages would be inadequate, and that PowerDialerX is entitled to seek injunctive or other equitable relief in addition to any other available remedies, without the need to post a bond.
Notices. Notices to PowerDialerX must be sent to support@powerdialerx.com. Notices to you may be given to the email address associated with your account or via in-Service notification.
Export. You represent that you are not located in, and will not access the Service from, any country subject to U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
If you have questions about these Terms, please contact us at:
PowerDialerX
support@powerdialerx.com
powerdialerx.com