Last updated: December 23, 2024
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement between the User and the Company. They set out the rights and obligations of all users regarding the use of the Service.
User's access to and use of the Service is conditioned on User's acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service User agrees to be bound by these Terms and Conditions. If the User disagrees with any part of these Terms and Conditions, then the User may not access the Service.
User represents that User is over the age of 18. The Company does not permit those under 18 to use the Service.
User access to and use of the Service is also conditioned on the User's acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of the User's personal information when the User utilizes the Application or the Website, including processing by artificial intelligence services, and tells the User about the User's privacy rights and how the law protects the User. Please read our privacy policy in full before using our Service.
The Service or some parts of the Service are available only with a paid Subscription. The User will be billed in advance on a recurring basis according to the Subscription Plan and Subscription Term the User subscribed to.
The User's Subscription Term will automatically renew for the period indicated on the User's chosen Subscription Plan unless the User cancels their Subscription renewal in the App at their discretion at any time.
Upon the User's Subscription Renewal, we may increase the fees to reflect future changes to our list prices. Additionally, the User's recurring and usage fees are subject to increase to reflect future changes to our list prices. If these increases apply to the User, we will notify the User at least fourteen (14) days in advance of the User's Subscription Renewal.
During the Subscription Term and any Subscription Renewal terms, the User may choose to cancel their Subscription early, provided that we will not provide any refunds and the User promptly pays all unpaid fees due through the end of the Subscription Term. The user may cancel the User's Subscription Plan in the App at their discretion at any time.
All purchases of products and services rendered by the Company to the User are final. All Subscription fees, usage fees, one-time purchases, or User in-app account credits are non-refundable. We do not provide full or partial refunds if the User cancels their Subscription early, stops using the Subscription during the Subscription Term, forgets to cancel the Subscription, or for any other reason deemed the User's responsibility.
User shall provide the Company with accurate and complete billing information, including full name, street address, state, zip code, telephone number, email, and a valid payment method.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating the User must proceed manually, within 14 days of the payment being due, with the full payment corresponding to the billing period as indicated on the invoice.
Upon a failed payment or the inability to collect payment, the Company retains the right to limit or restrict access to and pause all products and services until all unpaid invoices are paid in full.
The Company may, at its sole discretion, offer a limited version of its applications with a free trial for a limited period of time.
Users may be required to enter their billing information in order to sign up for the Free Trial. If the User enters their billing information when signing up for a Free Trial, the Company will not collect payment from the User until the Free Trial has expired.
At any time and without notice, the company reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel its existing Free Trial offer.
According to 10 DLC regulations issued by the TCR, all Users must provide their accurate business information in order to fulfill carrier compliance requirements. Required information includes:
Subscriptions will not be automatically canceled if the User's 10 DLC application is not submitted or approved. Users should submit their 10 DLC applications right after they start their Subscription and purchase phone numbers immediately after their brand has been 10 DLC approved.
The Users' approved brands, campaigns, and phone numbers remain active as long as their Dealtide account Subscription is active. After 14 days of a user canceling their Subscription, we release their phone numbers back to the carriers. After 30 days of a user canceling their Subscription, we delete the User's approved Brand and Campaign from the TCR.
Due to the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service. User expressly agrees that we will not be liable for Materials. We reserve the right but are not obligated, to remove content from the Service for any reason, including content that we believe violates these Terms.
The Service utilizes artificial intelligence ("AI") services provided by third-party providers to enhance certain features such as message template generation, automated communications, and other capabilities ("AI Features"). By using these AI Features, you acknowledge and agree to the following:
When a User creates an account with us, the User must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the User's account on our Service.
The User is responsible for safeguarding the password used to access the Service and for any activities or actions under the User password, whether the User password is with our Service or a Third-Party application.
The User agrees not to disclose the User's password to any third party. Users must notify us immediately upon becoming aware of any breach of security or unauthorized use of the User account.
Dealtide offers the option to record calls. If you choose to use this service, you must comply with all state and federal laws, regulations, and rules prior to recording any telephone calls. You expressly warrant and represent to Dealtide that you shall comply at all times.
We make no representations or warranties with respect to call recording and recommend that you always secure consent before recording any calls. User acknowledges that these representations and obligations are essential to the ability of Dealtide to provide you with access to call recordings, and you further agree to indemnify, defend, and hold Dealtide and its officers, directors, owners, employees, agents, consultants, and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys' fees) that may be incurred by Dealtide arising out of or related to User's acts or omissions in connection with call recordings.
The Users' use of the Service must comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA). By using the Service, the User agrees to:
The Company will not verify, obtain, store, or produce consent records on behalf of the User. The User is solely responsible for maintaining compliance with TCPA regulations. The Company assumes no liability for any violations of TCPA or related laws arising from the User's use of the Service.
If the User fails to comply with these requirements, the Company reserves the right to suspend or terminate access to the Service without notice. The user agrees to indemnify, defend, and hold the Company harmless from any claims, damages, or penalties arising out of their non-compliance with TCPA regulations.
The Service and its original content (excluding Content provided by User or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
We strongly advise User to read the terms and conditions and privacy policies of any third-party websites or services that Users visit.
We may terminate or suspend the User's account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, a breach of these terms and conditions. It is prohibited to use Dealtide for any illegal activity restricted by the laws of the USA.
Upon termination, the User's right to use the Service will cease immediately. If the User wishes to terminate the User Account, the User may request the Company to do so.
Notwithstanding any damages that User might incur, the entire liability of the Company and any of its suppliers under any provision of these terms and User's exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Service is provided to the User "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet the User's requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
The laws of the Country, excluding its conflicts of law rules, shall govern these terms and the User's use of the service. The User's application use may also be subject to other local, state, national, or international laws.
If you have any concerns or disputes about the service, the User agrees to first try to resolve the dispute in a fair and equitable way by contacting the company.
User represents, and warrants that (i) User is not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and (ii) User is not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will make reasonable efforts to provide at least seven days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, the User agrees to be bound by the revised terms.
If you have any questions about these Terms and Conditions, you can contact us by email at support@dealtide.app.