Terms of Service

1Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and PinnacleVoice Networks, LLC ("PinnacleVoice," "PVN," "we," "us," or "our") governing your access to and use of the PinnacleVoice contact center software platform, related services, APIs, and website (collectively, the "Services").

By creating an account, clicking "I Agree," or otherwise accessing or using the Services, you represent that: (a) you have read, understood, and agree to be bound by these Terms; (b) you are of legal age to form a binding contract; and (c) you have the authority to bind the entity on whose behalf you are accepting these Terms.

2The Services

PinnacleVoice provides a cloud-based contact center software platform that includes, but is not limited to: AI predictive dialing, built-in CRM, SMS and email communications, AI intelligence features, real-time analytics, call recording, and related services as described in your subscription plan.

2.1 Service Availability

PinnacleVoice strives to maintain 99.9% platform uptime, excluding scheduled maintenance windows and circumstances beyond our reasonable control. We will provide at least 24 hours' advance notice of scheduled maintenance that may cause service disruption, except in emergency situations.

2.2 Service Modifications

We reserve the right to modify, enhance, or discontinue any feature of the Services at any time. For material reductions in functionality included in your paid subscription, we will provide at least 30 days' advance written notice.

2.3 Trial Accounts

We may offer trial access to the Services. Trial accounts are subject to these Terms. We reserve the right to modify or terminate trial offers at any time. At the end of a trial period, your account will convert to a paid subscription or be deactivated.

3Account Registration & Security

To access the Services, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account at support@pvndialer.com
• Ensuring that all users under your account comply with these Terms
• Maintaining accurate account information and updating it as needed

You may not share account credentials with unauthorized third parties or create accounts on behalf of others without authorization. PinnacleVoice will not be liable for any loss resulting from unauthorized use of your account.

4Acceptable Use Policy

You agree to use the Services only for lawful business purposes and in accordance with these Terms and all applicable laws, regulations, and industry standards. You must:

• Comply with all applicable federal, state, and local laws including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, and all applicable Do Not Call regulations
• Obtain all legally required consents before making calls or sending messages to any contact
• Maintain accurate Do Not Call lists and honor opt-out requests promptly
• Only upload contact data that you have the legal right to use
• Use the Services only for legitimate business purposes
• Comply with applicable data protection laws including GDPR and CCPA where applicable

5Prohibited Conduct

You expressly agree not to use the Services to:

• Make calls or send messages to numbers on the National Do Not Call Registry without legally required prior express written consent
• Use robocalling or prerecorded messages without proper consent as required by TCPA
• Engage in deceptive, fraudulent, or misleading practices toward any person
• Harass, abuse, threaten, or stalk any individual
• Transmit spam, unsolicited commercial messages, or phishing attempts
• Upload or process stolen, obtained through illegal means, or third-party owned contact data without authorization
• Attempt to gain unauthorized access to any part of our systems or infrastructure
• Use the Services to transmit malware, viruses, or malicious code
• Reverse engineer, decompile, or extract the source code of our software
• Resell, sublicense, or white-label the Services without a written reseller agreement
• Interfere with or disrupt the integrity or performance of the Services
• Use automated means to scrape data from our platform or website

Violation of this section may result in immediate account termination without refund and may expose you to civil and criminal liability.

6Payment Terms & Billing

6.1 Subscription Fees

Subscription fees are charged per agent per month as described in your selected plan. Fees are due in advance on the first day of each billing period. All fees are non-refundable except as expressly set forth herein or required by applicable law.

6.2 Usage-Based Charges

Call minutes, SMS messages beyond included allotments, and certain premium features are billed based on actual usage at rates provided in your account dashboard. Usage charges are invoiced monthly in arrears.

6.3 Payment Methods

We accept major credit cards and ACH bank transfers for accounts over certain volume thresholds. By providing payment information, you authorize us to charge applicable fees to that payment method.

6.4 Late Payments

Invoices not paid within 15 days of the due date are subject to a 1.5% monthly late fee. Accounts with overdue balances exceeding 30 days may be suspended until payment is received.

6.5 Taxes

Fees do not include applicable taxes. You are responsible for all applicable sales, use, value-added, or similar taxes.

6.6 Price Changes

We reserve the right to change subscription pricing with at least 30 days' written notice. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.

7Data Ownership & Processing

7.1 Your Data

You retain all rights, title, and interest in and to the data you upload to or generate through the Services ("Customer Data"), including contact records, call recordings, and CRM information. PinnacleVoice does not claim any ownership rights in Customer Data.

7.2 License to Process

You grant PinnacleVoice a limited, non-exclusive license to process Customer Data solely as necessary to provide the Services. We will not use Customer Data for any purpose beyond providing the Services to you.

7.3 Data Portability

You may export your Customer Data at any time while your account is active. Upon account termination, we will make your data available for export for 90 days, after which it will be securely deleted in accordance with our Privacy Policy.

7.4 Aggregate Data

PinnacleVoice may use anonymized, aggregated, de-identified data derived from your use of the Services to improve our products and services, provided such data cannot reasonably be used to identify you or your contacts.

8Intellectual Property

The Services, including all software, algorithms, AI models, interfaces, documentation, and branding, are owned by PinnacleVoice and protected by copyright, patent, trademark, trade secret, and other intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription term solely for your internal business purposes. No other rights are granted.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software.

9Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public business information, technical data, and trade secrets ("Confidential Information") disclosed in connection with the Services, and to use such Confidential Information only for purposes of performing obligations under these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed without reference to Confidential Information; or (d) is required to be disclosed by law.

10Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINNACALEVOICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PINNACEVOICE DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

PINNACEVOICE DOES NOT PROVIDE LEGAL ADVICE. COMPLIANCE FEATURES ARE PROVIDED AS TOOLS TO ASSIST YOUR COMPLIANCE EFFORTS AND DO NOT CONSTITUTE LEGAL ADVICE OR GUARANTEE LEGAL COMPLIANCE. YOU SHOULD CONSULT WITH QUALIFIED LEGAL COUNSEL REGARDING YOUR SPECIFIC COMPLIANCE OBLIGATIONS.

11Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINNACEVOICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PINNACEVOICE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO PINNACEVOICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

These limitations shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and shall apply even if a limited remedy fails its essential purpose.

12Indemnification

You agree to indemnify, defend, and hold harmless PinnacleVoice and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services in violation of these Terms or applicable law
• Your violation of any applicable law, including the TCPA, TSR, CAN-SPAM, or state telemarketing laws
• Your Customer Data, including any claim that Customer Data infringes or misappropriates third-party rights
• Your misrepresentation or breach of any representation or warranty in these Terms

13Termination

13.1 Termination by You

You may cancel your subscription at any time by providing written notice to support@pvndialer.com. Cancellations take effect at the end of the then-current billing period. No refunds are issued for unused portions of prepaid subscription terms.

13.2 Termination by PinnacleVoice

PinnacleVoice may suspend or terminate your account immediately upon notice if: (a) you breach any material provision of these Terms; (b) you fail to pay amounts due; (c) we determine that continued access creates a security risk or legal liability; or (d) we are required to do so by law.

13.3 Effect of Termination

Upon termination, your right to access the Services immediately ceases. Customer Data will be available for export for 90 days, after which it will be deleted. Provisions that by their nature should survive termination will survive, including Sections 7, 8, 9, 10, 11, 12, and 14.

14Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles.

14.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact us at support@pvndialer.com to attempt to resolve the dispute informally. We will make good-faith efforts to resolve the issue within 30 days.

14.2 Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Natrona County, Wyoming. The arbitrator's award shall be final and binding.

14.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent unauthorized use of intellectual property or Confidential Information.

15Contact & Notices

Legal notices to PinnacleVoice must be sent in writing to:

We may send notices to you via the email address on file for your account. It is your responsibility to keep your email address current.