Terms & Conditions

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These Terms & Conditions (“Terms”) govern your access to and use of the websites, applications, and services provided by Dependable Call Exchange, 10728 Eveningwood Ct, Trinity, FL 34655, USA (“DCE,” “we,” “us,” or “our”). By creating an account, clicking “I agree,” or using the Services, you agree to these Terms. If you are accepting on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” means that entity.

1. Definitions

  • Services means our websites, applications, platform features (e.g., inbox, automation, calendars, forms, payments, reporting) and related materials.
  • Customer Data means information you or your end users submit to the Services, including contact records, messages, call/SMS metadata, files, and content.
  • User means an individual authorized by you to use the Services under your account (e.g., employees, contractors).
  • Order means any online purchase, checkout flow, or written order form specifying Subscription tier(s), quantity, and term.

2. Eligibility & Accounts

You must be at least 18 and able to form a binding contract. You are responsible for all activity under your account and for keeping credentials secure. Notify us immediately at [email protected] of any unauthorized use.

3. License & Ownership

DCE (and its licensors) own the Services and all associated intellectual property. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your paid or trial term, subject to these Terms and applicable Orders.

You will not (and will not permit others to): copy, modify, create derivative works, reverse engineer, decompile, or attempt to extract source code of the Services; circumvent technical restrictions; or use the Services to build a competing product.

We may use feedback you choose to provide without restriction or obligation.

4. Customer Data & Privacy

You retain all rights in Customer Data. You grant DCE a limited license to host, process, transmit, and display Customer Data solely to provide and support the Services, and as otherwise permitted by our Privacy Policy.

You are solely responsible for the accuracy of Customer Data; securing necessary consents; honoring opt-outs; and complying with applicable laws when using our messaging, calling, and email features. If you need a data processing agreement (DPA) when we act as your processor, contact [email protected].

Do not submit Prohibited Data such as: payment card primary account numbers; government-issued identifiers; health or biometric data; precise geolocation of children; or any data that requires special handling we do not expressly support.

5. Acceptable Use (Email/SMS/Calls)

  • Obtain and maintain valid consent for messaging; keep records of opt-ins and promptly honor opt-outs. SMS must support STOP (to end) and HELP (for help).
  • Register any required sender IDs, brands, or campaigns and pay applicable carrier/registration fees. You are responsible for your content and compliance (e.g., anti-spam, TCPA, CAN-SPAM, state privacy laws).
  • No unlawful, harmful, deceptive, harassing, or hateful content; no messages that misrepresent identity; no phishing or malware; no high-risk emergency uses.
  • Comply with recording/monitoring laws before recording calls or voicemails.

We may investigate and suspend or terminate access for suspected violations.

6. Third-Party Services & Integrations

The Services may enable connections to services you choose to use (e.g., email/calendar providers, ad platforms, payment processors). Your use of third-party services is governed by those providers’ terms and policies. We are not responsible for third-party services, and enabling an integration authorizes us to exchange data as needed to provide the integration.

7. Subscriptions, Fees & Taxes

  • Billing. Fees are set out in your Order and are due in advance unless stated otherwise. Messaging, carrier, and registration fees are pass-through and billed separately where applicable.
  • Auto-renewal. Subscriptions renew for successive terms equal to the initial term unless cancelled per your account settings before the renewal date.
  • Upgrades/Downgrades. Upgrades take effect immediately and are prorated. Downgrades take effect at the next renewal.
  • Refunds. Except where required by law or expressly stated, fees are non-refundable.
  • Taxes. Fees are exclusive of taxes; you are responsible for all applicable taxes other than our income tax.
  • Late amounts. Overdue amounts may accrue interest at 1.5% per month (or the maximum allowed by law) and may lead to suspension.

8. Trials, Beta & Previews

We may offer trials or features labeled Alpha, Beta, or Preview. These are for evaluation only, provided “as is,” may change or end at any time, and are excluded from any warranties or service commitments.

9. Availability, Support & Modifications

We strive to keep the Services available and reliable, but occasional downtime (including for maintenance, vendor outages, or force majeure events) may occur. We may modify features or discontinue components that no longer make sense, but will not materially reduce core functionality of an active paid plan without reasonable notice.

10. Security

We implement reasonable administrative, technical, and physical safeguards appropriate to the nature of the data we process. No system is perfectly secure; you are responsible for safeguarding your credentials and promptly notifying us of any suspected unauthorized access.

11. Suspension & Termination

We may suspend or terminate access immediately if you materially breach these Terms (including failure to pay or AUP violations) or if required by law. You may terminate at the end of your current term via your account settings. Upon termination, your license ends and we may delete or deactivate your account after a reasonable period, except where law requires retention. You may export Customer Data prior to closure.

12. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL MEET YOUR REQUIREMENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DCE NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DCE FOR THE SERVICES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations; in such cases, the limitations apply to the fullest extent permitted.

14. Indemnification

You will defend, indemnify, and hold harmless DCE and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data or your communications; (b) your use of the Services in violation of these Terms or law (including messaging, calling, and email compliance); or (c) any third-party service you enable or integrate.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Pasco County, Florida, except that either party may seek injunctive relief in any court of competent jurisdiction.

Arbitration & Class Action Waiver (Optional): If you are not comfortable with arbitration, you may opt out within 30 days of first agreeing to these Terms by emailing [email protected]. Unless you opt out, any dispute that cannot be resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Rules in English, seated in Tampa, Florida. YOU AND DCE AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

16. Export, Sanctions & Anti-Corruption

You represent that you are not located in or a resident of a country embargoed by the United States and are not on any U.S. government list of prohibited or restricted parties. You will comply with all applicable export, re-export, sanctions, and anti-corruption laws.

17. Miscellaneous

  • Changes to Terms. We may update these Terms from time to time. If changes are material, we will provide notice (e.g., by email or product banner). Continued use after the effective date constitutes acceptance.
  • Assignment. You may not assign these Terms without our prior written consent; we may assign in connection with a merger, acquisition, or sale of assets.
  • Publicity. We may use your name and logo to identify you as a customer with your prior consent (you may withdraw consent at any time).
  • Entire Agreement. These Terms and any Orders constitute the entire agreement and supersede all prior or contemporaneous agreements on the subject matter.
  • Severability; Waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder will remain in effect. Failure to enforce a provision is not a waiver.
  • Notices. Legal notices to DCE must be sent to [email protected] (copy [email protected]) and by mail to the address below.
  • Electronic Communications & E-Sign. You consent to receive notices electronically and agree that electronic signatures have the same effect as handwritten signatures.

18. Contact

Questions about these Terms?
Email: [email protected] or [email protected]
Mail: Dependable Call Exchange, 10728 Eveningwood Ct, Trinity, FL 34655, USA
Phone: (716) 525-5245

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