DESK DIALER TERMS OF USE

Last Updated: June 4th 2026

These Terms of Use (“Terms”) govern your access to and use of the Desk Dialer website, services, software, applications, and related products (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By accessing or using the Service, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement.

2. Description of Service

Desk Dialer provides software, websites, applications, tools, and related services intended to facilitate outbound telephone communications and related activities.

Desk Dialer reserves the right to modify, suspend, discontinue, or restrict any portion of the Service at any time without notice.

3. User Responsibilities

You agree to:

  • Use the Service only for lawful purposes.
  • Comply with all applicable local, state, federal, and international laws.
  • Obtain all required permissions, licenses, and consents before making calls.
  • Ensure that all telephone numbers and contact information used with the Service are lawfully obtained.
  • Maintain the confidentiality of your account credentials.

You agree not to:

  • Use the Service for spam, harassment, fraud, or unlawful solicitation.
  • Violate any telecommunications regulations.
  • Attempt to gain unauthorized access to the Service or its systems.
  • Reverse engineer, copy, distribute, or modify the Service without written permission.

4. Compliance with Laws

Users are solely responsible for ensuring compliance with all applicable laws and regulations, including but not limited to:

  • Telephone Consumer Protection Act (TCPA)
  • Telemarketing Sales Rule (TSR)
  • Do-Not-Call regulations
  • State and federal privacy laws
  • International telecommunications laws where applicable

Desk Dialer does not provide legal advice and makes no representation that use of the Service complies with any specific law or regulation.

5. Third-Party Services

The Service may integrate with third-party providers, including telecommunications carriers, VoIP providers, hosting providers, payment processors, and other technology vendors.

Desk Dialer is not responsible for the availability, functionality, performance, or actions of any third-party service.

6. Account Security

You are responsible for:

  • Maintaining the confidentiality of your username and password.
  • All activities occurring under your account.
  • Promptly notifying Desk Dialer of any unauthorized access.

Desk Dialer shall not be liable for losses resulting from unauthorized use of your account.

7. Intellectual Property

All software, trademarks, logos, designs, text, graphics, and content associated with Desk Dialer are the property of Desk Dialer or its licensors.

No ownership rights are transferred to users through use of the Service.

8. Service Availability

The Service is provided on an “as available” and “as is” basis.

Desk Dialer does not guarantee:

  • Continuous availability.
  • Error-free operation.
  • Uninterrupted service.
  • Successful call completion.
  • Compatibility with any particular device, browser, operating system, carrier, or network.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

DESK DIALER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY
  • RELIABILITY
  • SECURITY
  • AVAILABILITY

DESK DIALER MAKES NO GUARANTEE REGARDING RESULTS OBTAINED FROM USE OF THE SERVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESK DIALER, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY:

  • DIRECT DAMAGES
  • INDIRECT DAMAGES
  • INCIDENTAL DAMAGES
  • CONSEQUENTIAL DAMAGES
  • SPECIAL DAMAGES
  • EXEMPLARY DAMAGES
  • PUNITIVE DAMAGES

INCLUDING BUT NOT LIMITED TO:

  • Lost profits
  • Lost revenue
  • Lost business opportunities
  • Loss of data
  • Service interruptions
  • Regulatory fines
  • Legal expenses
  • Telecommunications failures
  • Hardware failures
  • Software defects
  • Security breaches
  • User misuse

ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DESK DIALER’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER TO DESK DIALER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Desk Dialer and its owners, officers, employees, contractors, affiliates, and agents from and against any claims, liabilities, damages, losses, fines, penalties, costs, and expenses, including reasonable attorney fees, arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any law or regulation.
  • Calls or communications made through the Service.
  • Claims brought by third parties.

12. User Data

Desk Dialer may collect and store operational data necessary to provide the Service.

Users remain solely responsible for the content, legality, and accuracy of any information uploaded or transmitted through the Service.

Desk Dialer makes no guarantee regarding data retention and may delete data at its discretion unless otherwise required by law.

13. Suspension and Termination

Desk Dialer may suspend or terminate access to the Service at any time, with or without notice, for any reason, including suspected misuse or violation of these Terms.

Termination does not limit Desk Dialer’s rights or remedies.

14. No Professional Advice

Information provided through the Service is for informational purposes only and does not constitute legal, financial, telecommunications, compliance, or professional advice.

Users should consult qualified professionals regarding their specific circumstances.

15. Governing Law

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

16. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in Minnesota, except where prohibited by law.

Each party waives the right to participate in any class action lawsuit or class-wide arbitration.

17. Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms constitute the entire agreement between the user and Desk Dialer regarding use of the Service and supersede all prior agreements and understandings.

19. Contact Information

Questions regarding these Terms may be directed to:

Desk Dialer
Email: mike@deskdialer.com
Phone: 612-361-6660

By using the Desk Dialer website, software, or related services, you acknowledge that you have read, understood, and agreed to these Terms of Use.