1. Acceptance of terms and eligibility
These Terms of Service ("Terms") form a binding agreement between you and DN Dialer governing your access to and use of our website, lead marketplace, power dialer, inbound call center, and related services (collectively, the "Service"). By creating an account, purchasing leads, subscribing to a dialer seat, or otherwise using the Service, you represent that you are at least 18 years old, have the authority to bind yourself and, if applicable, the agency you represent, and agree to these Terms on that basis. If you do not agree, do not use the Service.
2. Description of the service
The Service provides: (a) a marketplace for the purchase of consumer-generated life insurance leads; (b) a browser-based multi-line power dialer and inbound call center using third-party telephony infrastructure (Twilio); and (c) deal, commission, and team management tools for insurance agencies. We may add, modify, or discontinue features of the Service at any time.
3. Account registration and security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Agency owners are responsible for the conduct of every agent they invite. You must notify us promptly of any unauthorized use of your account.
4. Insurance licensing representations
You represent and warrant that you, and every agent using your agency's account, hold all insurance producer licenses, appointments, and continuing-education credentials required by every state in which you purchase leads, dial consumers, or sell insurance products, and that you will not purchase, dial, or transact business with a lead in any state where you are not properly licensed and appointed to do so.
5. TCPA and telemarketing compliance
5.1 Consent record, not a liability shield. Each lead sold through the marketplace carries a consent record captured at the moment of submission: timestamp, source URL, IP address, and the exact disclosure language shown (see our Privacy Policy §5). That record documents what consent was captured — it does not relieve you of the independent obligation to review it and to form your own good-faith belief that a call is lawful before you place it. You are the party placing the call and bear primary responsibility for TCPA compliance with respect to your own dialing activity.
5.2 Consent standard. Consent captured through our landing pages is solicited as prior express written consent meeting the standard of 47 C.F.R. § 64.1200(f)(9), naming "DN Dialer and its licensed agency partners" as the disclosed caller. Consent obtained by a third-party lead vendor and imported in bulk is not independently verified by us beyond the vendor's contractual representations; you accept the risk of relying on third-party-sourced consent and should conduct your own diligence before dialing imported or self-uploaded lists.
5.3 Revocation. You must honor a consumer's request to stop being contacted through any reasonable means — verbally, by text reply, or otherwise — immediately, and must not dial a lead flagged Do Not Call ("DNC") in the platform.
5.4 National and internal Do Not Call obligations. Where your calls do not fall within an applicable exemption (such as prior express written consent or an established business relationship recognized by the Telemarketing Sales Rule), you are responsible for maintaining your own paid subscription to the National Do Not Call Registry under 16 C.F.R. § 310.4(b)(3), scrubbing your calling lists against it no less than every 31 days, and maintaining your own permanent, agency-level internal do-not-call list independent of the platform's own DNC flags.
5.5 Automated dialing. The power dialer places one outbound call leg per selected lead, up to a maximum of three (3) simultaneous lines per agent, and automatically drops still-ringing lines once one connects. You acknowledge that the platform's dialing technology may constitute an "automatic telephone dialing system" or the use of an "artificial or prerecorded voice" under some states' broader statutory definitions, even where it does not meet the narrower federal ATDS definition following Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), and you are responsible for complying with whichever standard applies to your calling activity.
5.6 Call-time restrictions. You must not initiate a telephone solicitation to a residential or wireless number before 8:00 a.m. or after 9:00 p.m. in the called person's local time zone, consistent with 16 C.F.R. § 310.4(c) and the parallel FCC rule at 47 C.F.R. § 64.1200(c)(1).
5.7 Abandoned-call rate. Where the Telemarketing Sales Rule's abandoned-call provisions apply to your use of the power dialer, you must maintain an abandonment rate no greater than three percent (3%) of answered calls, measured per calling campaign over a consecutive 30-day period, per 16 C.F.R. § 310.4(b)(4), and must play the required identification message and, where applicable, offer an opt-out mechanism on any call answered by a live person that is not connected to a sales representative within two seconds.
5.8 State telemarketing statutes. Numerous states impose their own telemarketing and "mini-TCPA" requirements — including, without limitation, Florida (Fla. Stat. § 501.059), Oklahoma (Okla. Stat. tit. 15, § 775C.1 et seq.), and Washington (Wash. Rev. Code § 80.36.400) — some of which are stricter than federal law, may not recognize the same consent exemptions, and may apply irrespective of your federal compliance. You are responsible for identifying and complying with the law of every state you dial into.
5.9 No liability shield. DN Dialer is a software and lead-generation provider, not your compliance counsel. We disclaim liability for TCPA, Telemarketing Sales Rule, or state-law violations arising from your calling activity, and you agree to indemnify us as described in Section 14.
6. Lead marketplace terms
"Exclusive" leads are transferred to one purchasing agency only and removed from further sale. "Shared" leads may be sold to more than one agency and are priced accordingly. All lead sales are final upon payment confirmation, except for a lead you flag as invalid (disconnected number, duplicate record, out-of-state licensing conflict, or materially false information) through the in-platform dispute process, which we will review and may resolve with a replacement lead or account credit at our discretion. Purchasing a lead does not itself establish that you have satisfied every condition necessary to lawfully contact that consumer — see Section 5.
6.1 Closed leads. Once a consumer has been closed (a deal logged) through the platform by an agency, the platform will block every other agency from dialing that consumer's phone number, whether the record was purchased from the marketplace or imported by the other agency.
7. Dialer subscription and per-agent billing
Each agent pays individually for their own dialer seat, billed weekly in advance through Stripe, at the single published per-seat price (currently $100 per agent per week, before any volume discount), which includes access to the full suite of platform tools. Leads are purchased separately. An agent's dialer and inbound-call-center access is suspended automatically if their subscription lapses or is canceled, independent of their login access to the platform. Agency owners may add or remove seats at any time. Fees are non-refundable except where required by law or expressly stated otherwise. We may change subscription pricing prospectively with reasonable advance notice.
8. Call recording and monitoring
Calls placed or received through the Service may be recorded. You are solely responsible for providing any disclosure required by the one-party or all-party consent recording law of the jurisdiction each call touches, including the eleven or more states that require all-party consent (see our Privacy Policy §6).
9. Acceptable use and prohibited conduct
You agree not to:
- Dial, purchase, or resell a lead in a state where you are not licensed and appointed;
- Dial a lead lacking a valid consent record, or continue dialing after a revocation or DNC request;
- Attempt to circumvent the platform's consent, licensing, or Do Not Call safeguards;
- Use the Service for any purpose other than the legitimate marketing and sale of insurance products;
- Interfere with, reverse-engineer, or probe the security of the Service without our prior written authorization; or
- Use the Service in a manner that violates any applicable law, including securities, consumer-protection, or unfair-and-deceptive-practices statutes.
10. Intellectual property
The Service, including its software, design, and content (excluding consumer lead data and content you submit), is owned by DN Dialer and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription term.
11. Third-party services
The Service relies on third-party infrastructure, including Twilio (telephony and SMS) and Stripe (payments). We are not responsible for outages, errors, or policy changes of these third-party providers, and your use of the Service is subject to their applicable terms as well.
12. Disclaimers of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT LEADS WILL CONVERT TO SALES, THAT CONSENT RECORDS ARE ERROR-FREE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DN DIALER'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, AND WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR REGULATORY FINES, PENALTIES, OR JUDGMENTS ARISING FROM YOUR CALLING PRACTICES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to defend, indemnify, and hold harmless DN Dialer and its officers, employees, and affiliates from any claim, liability, damage, or expense (including reasonable attorneys' fees) arising from: (a) your violation of the TCPA, the Telemarketing Sales Rule, or any state telemarketing, insurance-licensing, or consumer-protection law; (b) your breach of these Terms; or (c) content or leads you upload or dial through the Service.
15. Dispute resolution and arbitration
15.1 Agreement to arbitrate. Except for claims that qualify for small claims court or claims for injunctive relief to protect intellectual property or confidential information, you and DN Dialer agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court.
15.2 Class action waiver. Disputes will be arbitrated only on an individual basis and not as a class, collective, or representative action.
15.3 Opt-out. You may opt out of this arbitration agreement by sending written notice to the contact in Section 21 within 30 days of first accepting these Terms.
16. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except where a mandatory consumer-protection law of your state applies notwithstanding this choice. Venue for any matter not subject to arbitration lies exclusively in the state or federal courts located in Delaware.
17. Termination
We may suspend or terminate your account, without refund, if we reasonably believe you have dialed without valid consent, ignored a Do Not Call request, dialed outside a state where you are licensed, or otherwise materially breached these Terms. You may cancel your account at any time; cancellation does not relieve you of obligations incurred before termination.
18. Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including outages of third-party telephony or payment providers, natural disasters, or changes in law.
19. Changes to these terms
We may modify these Terms from time to time. Continued use of the Service after a change becomes effective constitutes acceptance of the revised Terms. Material changes will be reflected by an updated "Last updated" date above.
20. General provisions
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and DN Dialer regarding the Service. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
21. Contact us
Questions about these Terms — reach out via our Contact page.