1. The agreement
These Terms of Service ("Terms") govern access to and use of Dialed, including the web application, the Pearl assistant, and related services (together, the "Service"), provided by Dialed ("Dialed", "we", "us"). By creating a workspace, accepting an invitation, or using the Service, the organization you represent ("Customer", "you") agrees to these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it.
If Customer and Dialed have signed an order form or a separate written agreement, that document controls where it conflicts with these Terms.
2. The Service
Dialed is a business-to-business sales operating system for brands, brokers and sales teams. It holds records of brands, items, programs, samples, purchase orders, invoices, files and contacts, and it includes Pearl, an assistant that reads the email accounts, calendars, files and calls Customer connects, and drafts messages, summaries and next steps.
Pearl drafts; people decide. Messages drafted by Pearl are sent only after a user approves them. Customer is responsible for reviewing any draft, summary or figure before relying on it or sending it.
3. Accounts and seats
- Each seat is for one named person. Seats may not be shared.
- Customer controls who is invited, which role each seat holds, and which brands each seat can see.
- Customer is responsible for activity under its seats and for keeping sign-in credentials secure. Tell us promptly if you suspect unauthorized access.
- A broker workspace may invite its brands as client seats. A brand's record belongs to that brand, as described in section 7.
4. Connected accounts
When a user connects an email account, calendar, file store or other service (for example Microsoft 365 or Google Workspace), the user authorizes Dialed to access that account on the user's behalf, within the permissions granted, to provide the Service. A user can disconnect an account at any time; Dialed then stops reading it.
Customer is responsible for having the rights and any notices or consents needed for Dialed to process the content of connected accounts, including messages from third parties.
5. Acceptable use
Customer will not, and will not allow anyone to:
- use the Service to send unsolicited bulk messages or to violate any law, including privacy, anti-spam and export laws;
- upload content that infringes others' rights or contains malicious code;
- probe, scan or test the vulnerability of the Service, or bypass its security or usage limits, without our written permission;
- copy, resell or reverse engineer the Service, or use it to build a competing product;
- use Pearl to make decisions with legal or similarly significant effects about individuals without human review.
6. Plans, fees and billing
- Fees are set by the plan Customer selects, on monthly or annual terms, plus any add-ons such as extra brands or client seats.
- Payments are processed by Stripe. Fees are billed in advance, in US dollars, and exclude taxes, which Customer pays other than taxes on our income.
- Monthly plans renew each month and may be cancelled anytime; cancellation takes effect at the end of the paid month.
- Annual plans renew for another year unless cancelled before the renewal date; cancellation takes effect at the end of the paid term.
- Fees already paid are non-refundable except where required by law or stated in an order form.
- We may change prices with at least 30 days' notice, effective at Customer's next renewal.
- If an invoice is more than 15 days overdue, we may suspend the Service after notice.
7. Customer data
"Customer Data" means the content Customer and its users put into the Service or make available through connected accounts. As between the parties, Customer owns Customer Data. Customer grants Dialed a limited right to host, process and display Customer Data only to provide, secure and support the Service, and as described in our Privacy Policy.
Where a broker and a brand share a brand record, the brand keeps its record if the relationship ends; records of the broker's own commission and payouts stay with the broker.
Dialed does not use Customer Data to train artificial intelligence models for anyone other than Customer, and does not sell Customer Data.
8. AI features
Pearl and other AI features use third-party model providers acting as our subprocessors. AI output can be incomplete or wrong. Customer is responsible for reviewing output before use. Usage of AI features may be subject to reasonable daily limits to keep costs and service quality predictable.
9. Our property
Dialed and its licensors own the Service, including its software, design and documentation. Except for the rights granted in these Terms, no rights are transferred. If you send us feedback, we may use it without obligation to you.
10. Confidentiality
Each party will protect the other's non-public information with at least reasonable care, use it only to perform under these Terms, and share it only with people who need to know it and are bound by similar duties. This does not apply to information that is public, already known, independently developed, or rightfully received from a third party.
11. Security
We maintain administrative, technical and physical safeguards designed to protect Customer Data, described on our security page. A data processing agreement is available on request.
12. Term, suspension and termination
These Terms continue while Customer has an active plan or workspace. Either party may terminate for material breach not cured within 30 days of notice. We may suspend access immediately if needed to prevent harm to the Service, other customers or third parties.
After termination, Customer may export its data for 30 days. We then delete Customer Data from active systems within a reasonable period, and from backups on their normal rotation, unless the law requires us to keep it.
13. Warranties and disclaimers
We will provide the Service with reasonable skill and care and will not materially reduce its core functionality during a paid term. Otherwise, to the extent the law allows, the Service is provided "as is", and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Dialed is not affiliated with Costco or any retailer, and does not guarantee any retailer decision, order or payment.
14. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, and each party's total liability under these Terms is limited to the fees Customer paid in the 12 months before the claim. These limits do not apply to Customer's payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.
15. Indemnity
We will defend Customer against third-party claims that the Service infringes their intellectual property, and pay resulting damages awarded. Customer will defend Dialed against third-party claims arising from Customer Data or Customer's use of the Service in breach of these Terms, and pay resulting damages awarded.
16. General
- We may update these Terms. For material changes we give at least 30 days' notice; continued use after that means acceptance.
- Neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all of its business.
- Neither party is liable for delays caused by events beyond its reasonable control.
- These Terms are the entire agreement on their subject and are governed by the laws of the United States state in which Dialed is organized, without regard to conflict-of-law rules.
- If a provision is unenforceable, the rest remains in effect.
17. Contact
Questions about these Terms can be sent through our contact page.