Terms of Service

1. Agreement to Terms

By accessing or using dealfone's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

We reserve the right to modify these terms at any time. Your continued use of the service after changes are posted constitutes acceptance of the modified terms.

2. Service Description

dealfone provides a cloud-based platform for real estate professionals that includes:

• Power dialer with automatic dialing capabilities
• SMS blasting and messaging services
• Voicemail drop functionality
• AI-powered call assistance and property data integration
• Customer relationship management (CRM) tools
• Call recording and transcription services
• Analytics and reporting features

3. Account Registration and Security

3.1 Account Creation

To use dealfone, you must create an account by providing accurate, current, and complete information. You must be at least 18 years old and have the legal authority to enter into this agreement.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must:

• Use a strong, unique password
• Notify us immediately of any unauthorized access
• Not share your account with others
• Log out after each session on shared devices

4. Acceptable Use Policy

4.1 Permitted Use

You may use dealfone only for lawful purposes and in accordance with these Terms. You agree to use the service for legitimate business communications in the real estate industry.

4.2 Prohibited Activities

You may not:

• Violate any applicable laws, including TCPA, CAN-SPAM, and telemarketing regulations
• Make unsolicited calls or send spam messages
• Contact numbers on Do Not Call (DNC) lists
• Use the service for harassment, threats, or illegal activities
• Impersonate others or provide false information
• Attempt to hack, reverse engineer, or compromise the platform
• Use automated systems to access the service beyond normal usage
• Resell or redistribute the service without authorization
• Upload malicious code, viruses, or harmful content
• Interfere with other users' access to the service

5. Compliance with Laws

5.1 TCPA Compliance

You are solely responsible for complying with the Telephone Consumer Protection Act (TCPA) and all federal, state, and local telemarketing laws. This includes but is not limited to:

• Obtaining prior express written consent before making calls or sending texts
• Maintaining internal Do Not Call lists and honoring opt-out requests
• Respecting calling time restrictions (8am-9pm local time)
• Providing accurate caller identification
• Keeping records of consent and opt-outs

5.2 Your Indemnification

You agree to indemnify and hold harmless dealfone from any claims, damages, or legal actions arising from your use of the service, including violations of TCPA or other telecommunications laws.

6. Billing and Payment

6.1 Subscription Plans

dealfone offers various subscription plans with different features and usage limits. Pricing is available on our Pricing page and may be updated with advance notice.

6.2 Payment Terms

• Subscriptions are billed in advance on a monthly or annual basis
• Usage-based charges (per-minute calling, SMS) are billed monthly
• Payment is due upon invoice receipt
• Failed payments may result in service suspension
• You authorize us to charge your payment method on file

6.3 Refunds

Subscription fees are non-refundable except as required by law or at our sole discretion. If you cancel your subscription, you will retain access until the end of your billing period.

7. Data Ownership and Usage

7.1 Your Data

You retain all ownership rights to the data you upload to dealfone, including lead lists, recordings, and custom content. We do not claim ownership of your data.

7.2 License to Use

You grant us a limited license to use your data solely to provide and improve our services. This includes processing calls, storing recordings, and analyzing usage patterns.

7.3 Data Export and Deletion

You may export your data at any time through your account settings. If you terminate your account, we will delete your data within 30 days unless required by law to retain it.

8. Intellectual Property

dealfone and its services, including all software, designs, text, graphics, and logos, are owned by dealfone, Inc. and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services without explicit written permission.

9. Service Availability

9.1 Uptime

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time. We will provide reasonable notice for material changes affecting your use.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALFONE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Costs of substitute services
• Damages arising from your use or inability to use the service
• Claims by third parties related to your use of the service

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the service will be error-free, secure, or meet your requirements.

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activities
• Fail to pay amounts due
• Abuse the service or harm other users

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms or your use of the service shall be resolved through binding arbitration in Austin, Texas, rather than in court, except that you may assert claims in small claims court.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and not as part of a class action or consolidated proceeding.

14. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and dealfone
• Severability: If any provision is found invalid, the remaining provisions remain in effect
• No Waiver: Our failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our consent
• Survival: Provisions that by nature should survive termination will survive

15. Contact Information

For questions about these Terms of Service, please contact us: