Terms of Service
Last updated: January 1, 2025
1. Agreement to Terms
By accessing or using Dialer Sync ("the Service"), operated by The Moderate Genius (SFWP Inc.), incorporated in Ontario, Canada ("we," "our," or "us"), you agree to be bound by these Terms of Service and our Privacy Policy.
2. Description of Service
Dialer Sync is an integration platform that automatically synchronizes call data, agent information, and dispositions between Dialer.io and HubSpot CRM systems. Our service includes:
- Real-time call logging and synchronization
- Agent and disposition mapping
- Custom field mappings
- Webhook-based automation
- Activity monitoring and reporting
3. Account Registration and Responsibilities
3.1 Account Creation
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the confidentiality of your account credentials
- You must be at least 16 years old to use our service
- One person or entity may not maintain multiple accounts
3.2 Account Security
- You are responsible for all activities that occur under your account
- You must immediately notify us of any unauthorized use of your account
- We are not liable for any loss resulting from unauthorized account access
4. Acceptable Use
4.1 Permitted Use
You may use our service only for legitimate business purposes in compliance with all applicable laws.
4.2 Prohibited Activities
You may not:
- Use the service for any illegal or unauthorized purpose
- Violate any laws in your jurisdiction
- Transmit any harmful, threatening, abusive, or defamatory content
- Attempt to interfere with or disrupt the service
- Access or attempt to access accounts or data belonging to others
- Reverse engineer, decompile, or disassemble any part of the service
- Use the service to spam or send unsolicited communications
- Violate the terms of service of Dialer.io or HubSpot
5. Third-Party Integrations
5.1 Required Accounts
To use our service, you must have valid accounts with both Dialer.io and HubSpot. You are responsible for maintaining these accounts and complying with their respective terms of service.
5.2 Data Access
By connecting your accounts, you authorize us to access and synchronize data between your Dialer.io and HubSpot accounts as configured by you.
5.3 Third-Party Changes
We are not responsible for changes to third-party services (Dialer.io, HubSpot) that may affect the functionality of our integration.
6. Data and Privacy
- Our collection and use of your data is governed by our Privacy Policy
- You retain ownership of your data
- You are responsible for ensuring you have the right to share data with our service
- We implement appropriate security measures but cannot guarantee absolute security
7. Service Availability
7.1 Uptime
While we strive for high availability, we do not guarantee uninterrupted service. We may experience downtime for maintenance, updates, or due to factors beyond our control.
7.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice to users.
8. Pricing and Payment
8.1 Fees
Current pricing is available on our website. We reserve the right to change our pricing with 30 days' notice to existing users.
8.2 Payment Terms
- Fees are billed in advance for the selected billing period
- All fees are non-refundable unless otherwise specified
- Failure to pay may result in service suspension or termination
9. Termination
9.1 Termination by You
You may terminate your account at any time through your account settings.
9.2 Termination by Us
We may suspend or terminate your account if you:
- Violate these terms
- Fail to pay applicable fees
- Engage in activities that harm our service or other users
9.3 Effect of Termination
Upon termination, your right to use the service ceases immediately. We may retain certain data as required by law or legitimate business purposes.
10. Disclaimers and Limitation of Liability
10.1 Service Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
10.3 Damage Cap
Our total liability to you for any claims arising from these terms or the service shall not exceed the amount you paid us in the 12 months preceding the claim.
11. Governing Law
These terms are governed by the laws of Ontario, Canada. Any disputes shall be resolved in the courts of Ontario, Canada, and you consent to the jurisdiction of such courts.
12. Contact Information
If you have questions about these Terms of Service, please contact us at:
The Moderate Genius (SFWP Inc.)
Email: support@themoderategenius.com
Subject: Terms of Service Inquiry