Terms of Service

Effective Date: January 1, 2025

These Terms of Service govern your use of RockyDialer’s cloud-based communication services including Hosted Dialer, SIP Trunking, Hosted PBX, DNC Management, CID Reputation, and Media Proxy services. RockyDialer operates from 25 FIRST AVE. SW STE A WATERTOWN, SD 57201.

By accessing or using RockyDialer services, you agree to these Terms of Service. If you disagree with any part of these terms, you must not use RockyDialer services.

1. Definitions

“RockyDialer” or “we” or “our” means the cloud communication platform provider operating from Watertown, South Dakota.

“Services” means RockyDialer’s cloud-based communication solutions including Hosted Dialer, SIP Trunking, Hosted PBX, DNC Management, CID Reputation Management, Media Proxy, and VICIdial managed hosting services.

“User” or “you” or “your” means the individual or business entity accessing or using RockyDialer Services.

“Account” means the registered user account created to access RockyDialer Services.

“Subscription” means the ongoing service agreement between RockyDialer and User for Services access.

“Content” means data, information, recordings, files, and materials uploaded, transmitted, or processed through RockyDialer Services.

“Agreement” means these Terms of Service and any applicable service-specific terms.

2. Acceptance of Terms

By creating an account, accessing the platform, or using any RockyDialer Services, you accept and agree to be bound by these Terms of Service.

2.1 Service Scope

These Terms apply to all RockyDialer Services:

  • Hosted Dialer – Cloud-based call center software with VICIdial optimization
  • SIP Trunking – Internet-based voice connectivity for business communications
  • Hosted PBX – Cloud-based business phone system
  • DNC Management – Do Not Call list compliance tools
  • CID Reputation – Caller ID reputation monitoring and management
  • Media Proxy – Audio delivery infrastructure for VoIP calls
  • VICIdial Managed Hosting – Expert administration of VICIdial platform
  • Technical Support – 24/7 assistance through live chat, email, and phone

2.2 Modifications to Terms

RockyDialer reserves the right to modify these Terms of Service at any time. Modified Terms become effective upon posting to the RockyDialer website. Continued use of Services after modification constitutes acceptance of updated Terms.

RockyDialer will notify users of material changes through email to the registered account address or through platform notifications.

2.3 Eligibility

You must be at least 18 years old and have legal capacity to enter contracts. If you register an Account on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

Account registration requires accurate, complete, and current information. You must provide:

  • Valid business or individual name
  • Accurate email address
  • Working phone number
  • Correct billing information

False or misleading information violates these Terms and may result in Account suspension or termination.

3.2 Account Security

You are responsible for maintaining the confidentiality of Account login credentials including usernames and passwords. You must:

  • Create secure passwords
  • Restrict access to authorized personnel only
  • Notify RockyDialer immediately of unauthorized Account access
  • Accept responsibility for all activities occurring under your Account

RockyDialer offers optional two-factor authentication for enhanced Account security.

3.3 Account Use

Accounts are non-transferable. You may not sell, share, or transfer your Account to third parties without RockyDialer’s written consent.

4. Services and Service Levels

4.1 Service Description

RockyDialer provides cloud-based communication services accessible through internet connection.

Hosted Dialer Services include:

  • Cloud-based dialer platform accessible from any location
  • VICIdial managed hosting with expert administration
  • Multiple dialing modes (predictive, preview, progressive)
  • Real-time campaign analytics and reporting
  • CRM integration capabilities
  • Call recording functionality
  • Agent monitoring tools

SIP Trunking Services include:

  • Internet-based voice connectivity
  • HD voice quality with modern codecs
  • Scalable call channels
  • Global telephone number availability
  • E911 emergency calling support

Hosted PBX Services include:

  • Cloud-based business phone system
  • Auto-attendant and IVR functionality
  • Call forwarding and routing
  • Voicemail-to-email delivery
  • Multi-device support (IP phones, softphones, mobile apps)

DNC Management Services include:

  • Automated Do Not Call list scrubbing
  • Multi-registry compliance support
  • Real-time number screening
  • Opt-out handling and documentation

CID Reputation Services include:

  • Caller ID reputation monitoring
  • Real-time flag detection
  • Telephone number hygiene management
  • STIR/SHAKEN compliance support

Technical Support includes:

  • 24/7 availability through live chat, email, and phone
  • VICIdial expertise and troubleshooting
  • System configuration assistance
  • Campaign optimization guidance

4.2 Service Availability

RockyDialer Services are cloud-based and accessible through internet connection. Service availability depends on:

  • User’s internet connectivity
  • User’s compatible hardware and software
  • RockyDialer infrastructure operations

RockyDialer implements security measures including encryption, DDoS protection, firewall policies, and 24/7 server monitoring to maintain Service availability.

4.3 Service Maintenance

RockyDialer performs scheduled maintenance to ensure Service quality. Maintenance may temporarily interrupt Service availability. RockyDialer will provide advance notice of scheduled maintenance when possible.

4.4 Service Modifications

RockyDialer may modify, update, or discontinue Services or Service features at any time. RockyDialer will notify Users of material Service changes through email or platform notifications.

5. Free Trial Terms

RockyDialer offers a 14-day free trial for new customers to evaluate Services.

5.1 Trial Duration

The free trial period lasts 14 days from Account activation.

5.2 Trial Limitations

Free trial access may include limitations on features, call volume, or usage compared to paid subscriptions. Specific trial limitations are communicated during trial activation.

5.3 Trial Conversion

After the 14-day trial period, continued Service access requires paid subscription. Users who do not subscribe to paid Services will lose access to Services and Account data following trial expiration.

5.4 Trial Cancellation

Users may cancel during the trial period without charge. Cancellation must occur before trial expiration to avoid subscription charges.

6. Fees and Payment Terms

6.1 Subscription Fees

Access to RockyDialer Services requires payment of applicable subscription fees. Pricing information is available on the RockyDialer website and through sales inquiries to sales@rockydialer.com.

6.2 Billing Cycles

Subscription fees are billed according to the selected billing cycle (monthly, annually, or other agreed period). Billing begins upon subscription activation or trial expiration if not cancelled.

6.3 Payment Methods

You must provide valid payment information including credit card or other accepted payment methods. You authorize RockyDialer to charge the provided payment method for all applicable fees.

6.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless cancelled before renewal date. Renewal charges occur automatically using the payment method on file.

6.5 Failed Payments

If payment processing fails, RockyDialer may:

  • Retry payment processing
  • Suspend Service access until payment succeeds
  • Terminate Account for continued non-payment

You remain responsible for unpaid fees and collection costs.

6.6 Price Changes

RockyDialer may modify subscription pricing with advance notice. Price changes do not affect current billing cycles already paid.

6.7 Taxes

Subscription fees do not include applicable taxes, duties, or government charges. You are responsible for all taxes associated with your purchase except taxes based on RockyDialer’s income.

6.8 Refunds

Subscription fees are non-refundable except where required by applicable law or as explicitly stated in writing by RockyDialer.

7. Acceptable Use Policy

7.1 Permitted Use

You may use RockyDialer Services only for lawful business communications purposes. Services must be used in compliance with:

  • All applicable federal, state, and local laws
  • All applicable telecommunications regulations
  • These Terms of Service
  • RockyDialer’s acceptable use guidelines

7.2 Prohibited Activities

You may not use RockyDialer Services for:

Illegal Activities:

  • Any unlawful purpose
  • Violation of any law or regulation
  • Fraudulent activities or misrepresentation

Telecommunications Violations:

  • Spam or unsolicited communications
  • Violation of Do Not Call regulations
  • Calls to emergency services for non-emergency purposes
  • Caller ID spoofing or falsification
  • Unauthorized access to telecommunications networks

System Abuse:

  • Hacking, penetration testing, or security breaches
  • Introducing malware, viruses, or malicious code
  • Interfering with Service operations or other users
  • Excessive usage designed to disrupt Services
  • Unauthorized resale of Services

Compliance Violations:

  • Violation of TCPA regulations
  • Failure to honor opt-out requests
  • Calling numbers on Do Not Call lists
  • Operating without required business licenses

7.3 Compliance Obligations

You are solely responsible for:

  • Compliance with TCPA and telemarketing regulations
  • Maintaining and honoring Do Not Call lists
  • Obtaining required consent for communications
  • Keeping records demonstrating compliance
  • Compliance with state and federal calling laws

RockyDialer provides DNC Management tools, but you remain responsible for proper use and legal compliance.

7.4 Consequences of Violations

Violation of this Acceptable Use Policy may result in:

  • Warning notices
  • Service suspension
  • Account termination
  • Legal action
  • Referral to law enforcement

RockyDialer reserves the right to suspend or terminate Services immediately for serious violations without prior notice.

8. Data and Privacy

8.1 Data Ownership

You retain ownership of all Content you upload, transmit, or process through RockyDialer Services. This includes customer data, call recordings, contact lists, and other business information.

8.2 Data Processing

You grant RockyDialer permission to process, store, and transmit your Content solely to provide Services. RockyDialer will not access, use, or disclose your Content except:

  • To provide Services
  • To prevent or address technical problems
  • As required by law
  • With your explicit permission

8.3 Data Security

RockyDialer implements security measures to protect data including:

  • Encrypted agent logins and data transmission
  • DDoS protection against network attacks
  • Firewall policies restricting unauthorized access
  • 24/7 server monitoring and security alerts
  • Daily server scans for vulnerabilities
  • Secure data center facilities

No security system is completely secure. RockyDialer cannot guarantee absolute security of data transmitted through or stored within Services.

8.4 Data Backup

RockyDialer performs regular data backups to protect against data loss. However, you remain responsible for maintaining backup copies of critical data outside RockyDialer Services.

8.5 Privacy Policy

RockyDialer’s collection and use of personal information is governed by our Privacy Policy. By using Services, you consent to data practices described in our Privacy Policy.

8.6 Data Retention

RockyDialer retains your data during active subscription and for reasonable period after termination to fulfill legal obligations and resolve disputes. You may request data deletion by contacting sales@rockydialer.com.

8.7 Data Export

You may export your data from RockyDialer Services during active subscription. Upon Account termination, you have limited time to export data before permanent deletion.

9. Intellectual Property Rights

9.1 RockyDialer Intellectual Property

RockyDialer owns all rights to Services including:

  • Platform software and source code
  • User interfaces and designs
  • Service features and functionality
  • Documentation and support materials
  • RockyDialer trademarks, logos, and branding
  • Patents, trade secrets, and proprietary technology

These Terms grant you limited, non-exclusive, non-transferable license to access and use Services solely for permitted business purposes. This license does not transfer ownership rights.

9.2 Restrictions

You may not:

  • Copy, modify, or create derivative works of Services
  • Reverse engineer, decompile, or disassemble Services
  • Remove proprietary notices or labels from Services
  • Use Services to build competitive products
  • Access Services to monitor availability, performance, or functionality
  • Frame or mirror any part of Services
  • Sublicense, sell, or distribute Services to third parties

9.3 User Content License

You retain ownership of Content you create or upload. You grant RockyDialer license to use your Content solely to provide Services, including:

  • Storing Content on RockyDialer servers
  • Transmitting Content through telecommunications networks
  • Processing Content through Service features
  • Creating backup copies for disaster recovery

This license terminates when Content is deleted or Account is terminated.

9.4 Trademarks

RockyDialer name, logo, and product names are trademarks of RockyDialer. You may not use RockyDialer trademarks without prior written permission.

9.5 Third-Party Software

Services may incorporate third-party software including open-source components. Such software is subject to applicable third-party licenses.

10. Technical Support

RockyDialer provides 24/7 technical support for Services through multiple channels:

Support Channels:

  • Live chat support through platform
  • Email support at sales@rockydialer.com
  • Phone support at +1 (205) 555-0100
  • Available hours: 24 hours daily, 7 days weekly

Support Services:

  • Technical troubleshooting and problem resolution
  • VICIdial expertise and configuration assistance
  • Campaign setup and optimization guidance
  • CRM integration support
  • System access and connectivity issues
  • Account and billing inquiries

Support Scope:

Support covers RockyDialer Services operation and functionality. Support does not include:

  • Third-party software configuration
  • Custom development or programming
  • On-site technical assistance
  • Training beyond basic platform orientation

Support Response:

RockyDialer makes reasonable efforts to respond to support requests promptly. Response times vary based on issue complexity and severity. Support availability does not guarantee immediate resolution of all technical issues.

11. Service Limitations and Disclaimers

11.1 Services Provided “As Is”

RockyDialer Services are provided “as is” and “as available” without warranties of any kind, either express or implied. RockyDialer makes no guarantees regarding:

  • Uninterrupted Service availability
  • Error-free operation
  • Specific performance levels
  • Compatibility with all systems
  • Suitability for particular purposes

11.2 No Warranties

RockyDialer disclaims all warranties including:

  • Implied warranties of merchantability
  • Implied warranties of fitness for particular purpose
  • Warranties of title
  • Warranties of non-infringement

This disclaimer applies to the fullest extent permitted by law.

11.3 Internet Dependency

Services require internet connectivity. RockyDialer is not responsible for:

  • Internet service interruptions
  • Network congestion or bandwidth limitations
  • ISP service quality or reliability
  • Connectivity problems beyond RockyDialer’s control

11.4 Third-Party Services

Services may integrate with third-party platforms including CRM systems, VICIdial software, and telecommunications carriers. RockyDialer is not responsible for:

  • Third-party service availability
  • Third-party service functionality
  • Third-party data handling practices
  • Changes to third-party services

11.5 User Responsibilities

You are responsible for:

  • Providing compatible hardware and software
  • Maintaining adequate internet connectivity
  • Configuring systems properly
  • Training users on Service operation
  • Backing up critical data
  • Complying with telecommunications regulations

12. Limitation of Liability

12.1 Liability Cap

To the maximum extent permitted by law, RockyDialer’s total liability for any claims arising from Services or these Terms shall not exceed the amount you paid to RockyDialer during the 12 months preceding the claim.

12.2 Excluded Damages

RockyDialer shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Lost profits, revenue, or business opportunities
  • Loss of data or information
  • Cost of substitute services
  • Business interruption damages
  • Punitive or exemplary damages

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and regardless of whether RockyDialer was advised of the possibility of such damages.

12.3 Exceptions

Liability limitations do not apply to:

  • Damages caused by RockyDialer’s gross negligence or willful misconduct
  • Violations of intellectual property rights
  • Claims that cannot be limited by applicable law

12.4 User Indemnification

You agree to indemnify, defend, and hold harmless RockyDialer and its officers, directors, employees, and agents from:

  • Claims arising from your use of Services
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your violation of third-party rights
  • Content you submit through Services
  • Your telecommunications practices

This indemnification includes reasonable attorneys’ fees and costs.

13. Term and Termination

13.1 Service Term

Your subscription to RockyDialer Services continues until terminated by either party according to these Terms.

13.2 Termination by User

You may terminate your subscription at any time by:

  • Cancelling through Account settings
  • Contacting support at sales@rockydialer.com
  • Calling +1 (205) 555-0100

Cancellation takes effect at the end of the current billing cycle. You remain responsible for fees through the cancellation effective date. No refunds are provided for partial billing periods unless required by law.

13.3 Termination by RockyDialer

RockyDialer may suspend or terminate your Account immediately for:

  • Non-payment of subscription fees
  • Violation of these Terms
  • Violation of Acceptable Use Policy
  • Fraudulent or illegal activities
  • Conduct that harms RockyDialer or other users
  • Prolonged inactivity

RockyDialer will provide notice before termination when practical, except for serious violations requiring immediate action.

13.4 Effect of Termination

Upon termination:

  • Service access immediately ceases
  • You must cease all use of Services
  • You lose access to Account data and Content
  • You must pay all outstanding fees
  • Data deletion occurs after reasonable retention period

13.5 Data Export

Upon termination, you have 30 days to export data from your Account. After this period, RockyDialer may permanently delete Account data. You are responsible for exporting data before termination or during the 30-day period.

13.6 Survival

Sections regarding payment obligations, intellectual property, limitations of liability, indemnification, and dispute resolution survive Account termination.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of South Dakota, United States, without regard to conflict of law provisions.

14.2 Informal Resolution

Before filing legal action, parties agree to attempt informal dispute resolution. Contact RockyDialer at sales@rockydialer.com to initiate informal resolution. Parties will negotiate in good faith for 30 days before pursuing formal legal action.

14.3 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms shall be brought exclusively in courts located in Watertown, South Dakota, or federal courts with jurisdiction over that location. Both parties consent to personal jurisdiction and venue in these courts.

14.4 Limitation Period

Claims must be filed within one year from when the claim arose. Claims filed after one year are permanently barred.

15. General Provisions

15.1 Entire Agreement

These Terms of Service constitute the entire agreement between you and RockyDialer regarding Services. These Terms supersede all prior agreements, understandings, and communications regarding Services.

15.2 Amendments

RockyDialer may amend these Terms at any time by posting updated Terms on the website. Continued Service use after amendments take effect constitutes acceptance of updated Terms.

15.3 Severability

If any provision of these Terms is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary. All other provisions remain in full force and effect.

15.4 Waiver

RockyDialer’s failure to enforce any provision of these Terms does not constitute waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by RockyDialer.

15.5 Assignment

You may not assign or transfer these Terms or your Account to any third party without RockyDialer’s prior written consent. RockyDialer may assign these Terms to any affiliate or successor entity.

15.6 Force Majeure

RockyDialer is not liable for delays or failures in performance resulting from circumstances beyond reasonable control, including:

  • Natural disasters
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Internet or telecommunications infrastructure failures
  • Power outages
  • Labor disputes
  • Acts of third parties

15.7 Independent Contractors

The parties are independent contractors. These Terms do not create partnership, joint venture, agency, or employment relationship between parties.

15.8 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than the parties and their permitted successors and assigns.

15.9 Language

These Terms are prepared in English. Any translation is provided for convenience only. In case of conflict between English version and translation, the English version prevails.

16. Notices

16.1 Notice to RockyDialer

All notices to RockyDialer under these Terms must be sent to:

Email: sales@rockydialer.com

Physical Mail:
RockyDialer
25 FIRST AVE. SW STE A
WATERTOWN, SD 57201
United States

16.2 Notice to User

RockyDialer will send notices to the email address associated with your Account. You must maintain current, accurate email information in your Account.

Notices are effective:

  • Immediately when sent to registered email address
  • Three business days after physical mail is sent
  • Immediately upon posting to RockyDialer website

17. Contact Information

Questions about these Terms of Service should be directed to RockyDialer:

RockyDialer
25 FIRST AVE. SW STE A
WATERTOWN, SD 57201
United States

Email: sales@rockydialer.com
Phone: +1 (205) 555-0100
Support Hours: 24/7 through live chat, email, and phone

For service information, technical support, or general inquiries, contact RockyDialer through any of the above channels.

Last Updated: October 25, 2025

By using RockyDialer Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.