1. Agreement and eligibility
These Terms of Service govern access to and use of Data Dialer, an outbound calling software service provided by Monarch Agency Solutions (“Data Dialer,” “we,” “us,” or “our”). By creating an account, purchasing a subscription, or using the service, you agree to these terms.
You must be at least 18 years old, able to enter a binding contract, and authorized to act for the business named on the account. You are responsible for keeping account credentials secure and for all activity under your account.
2. The service
Data Dialer provides browser-based tools for outbound calling, lead-list workflows, call outcomes, phone-number management, and related account features. Features may change as the service develops. Any feature labeled “Coming soon” is not part of the service you are purchasing today.
Data Dialer does not supply leads, guarantee contact rates or sales results, or provide legal advice. You are responsible for the accuracy and lawful origin of data you upload.
3. Subscriptions, renewal, and usage charges
Seat subscriptions are billed in advance on the monthly or yearly cycle selected at checkout and renew automatically until canceled. Prices visible at checkout control the charge. Applicable taxes may be added.
Phone numbers, prepaid dial credit, carrier usage, recording storage, or other usage-based services may be charged separately. Prepaid credit must be available before a new call begins. A call already in progress may finish even if its final usage charge exceeds the remaining balance.
You authorize our payment processor to charge the payment method on file for recurring subscriptions, approved purchases, applicable taxes, and usage-related amounts described at checkout or in your account.
4. Your responsibility for lawful use
You may use Data Dialer only for lawful, consent-based outreach. The customer organization and each insurance agent who places or participates in calls through the service are responsible for determining whether every call, message, recording, list, and campaign is lawful. This includes compliance with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, National and state Do Not Call requirements, state telemarketing and insurance rules, calling-hour restrictions, caller-identification requirements, recording-consent laws, licensing requirements, and privacy obligations.
Data Dialer provides workflow and safeguard tools, but it does not decide whether a particular contact may lawfully be called and does not make a campaign compliant. You must maintain your own consent records, suppression lists, licenses, disclosures, notices, training, and written compliance procedures. Availability of a feature, successful placement of a call, or absence of a warning does not establish legal permission. The Acceptable Use Policy is part of these terms.
5. Suspension and termination
We may investigate suspected misuse and may restrict, suspend, or terminate access when we reasonably believe an account threatens consumers, the service, a carrier relationship, another customer, or legal compliance. We may also act when charges fail or an account remains unpaid.
You may cancel by using the Stripe Customer Portal when it becomes available, or by contacting support until that portal is active. Full-account cancellation takes effect immediately and ends access to the Data Dialer app (app.data-dialer.com). A reduction in paid seats takes effect at the next billing cycle and does not create an immediate credit. Refund treatment is described in the Refund & Cancellation Policy.
6. Availability and changes
We work to keep the service available, but uninterrupted or error-free operation is not guaranteed. Calling and payment functions depend on internet access and third-party providers. We may make reasonable changes needed for security, reliability, carrier requirements, or law.
7. Disclaimers
To the fullest extent permitted by law, the service is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant sales results, call completion, lead quality, or legal compliance.
8. Limitation of liability
To the fullest extent permitted by law, Monarch Agency Solutions and its suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity. Our total liability arising from the service will not exceed the amount you paid us for the service during the three months before the event giving rise to the claim.
Some jurisdictions do not allow certain exclusions or limits, so parts of this section may not apply to you.
9. Governing law
These terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law principles. Any mandatory rights available to you under applicable law remain in effect.
10. Contact
Questions about these terms may be sent to monarchdev@data-dialer.com, by phone at (561) 709-3617, or by mail to Monarch Agency Solutions, 11987 Southern Blvd #2113, Royal Palm Beach, Florida.