Terms of service

The agreement

These terms govern use of the Hyperdial platform. By creating an account or using the service you accept them on behalf of the company you work for, and you confirm you are able to do that. Where a signed order form or master agreement exists between us, that document takes precedence over this page.

Accounts and access

• You are responsible for the accounts you create and for what the people holding them do.
• Credentials are not to be shared. Named users are named users, and seat count is what the plan is priced on.
• Tell us promptly if you believe an account has been compromised, and we will help you contain it.
• We may suspend an account being used to attack the platform or another customer, and we will tell you why.

Acceptable use

The platform places real calls and sends real messages to real people, and the rules governing those channels are not ours to waive. You agree to use it lawfully, which at a minimum means the following.

• Only contact people you are permitted to contact, with consent where consent is required.
• Honour do-not-call registers and opt-outs, including one recorded on a different channel.
• Register senders, headers and templates where the region requires it, before sending.
• Disclose recording where disclosure is required, which is most places.
• Do not use the service for fraud or harassment, or for anything that would get a carrier to disconnect us.

We do not police your campaigns, but we act on a credible report, and a carrier or regulator instruction leaves us no discretion at all. The SMS and calling policy sets out the detail.

Fees and billing

• Platform fees are per user per month, on the plan you chose, billed monthly or annually in advance.
• Carrier, number and third-party messaging fees are billed at cost and itemised separately.
• Annual plans are committed for the term. Monthly plans can be cancelled with effect from the end of the current period.
• Invoices unpaid past the stated window may lead to suspension, after notice.

Your data

Your recordings, transcripts, contacts and everything derived from them belong to you. We process them to run the service and on your instructions, as set out in the data processing agreement, and we do not use them to train models that other customers benefit from.

You can export your data at any time through the API or a scheduled export. On termination it is deleted within the window the agreement sets out.

Availability

Paid plans carry a 99.9% uptime target, with the contractual terms and any service credits set out in the order form. Planned maintenance is announced in advance and scheduled outside peak dialling hours where that is possible. Live status is published at status.hyperdial.io.

Liability

Neither side is liable to the other for indirect or consequential loss, and our aggregate liability is capped at the fees paid in the twelve months before the claim. Nothing here limits liability that cannot be limited by law, including fraud, or death or personal injury caused by negligence.

The service is provided as described in the documentation. We do not warrant that a playbook will produce a particular business outcome, because that depends on your market, your people and your offer at least as much as on the software.

Ending the agreement

• Either side can end the agreement at the end of a term, on the notice the order form specifies.
• Either side can end it immediately for a material breach that is not fixed within thirty days of notice.
• On termination your access ends, you can export your data during the agreed window, and it is then deleted.

Changes

We may update these terms. Material changes are notified to account holders by email before they take effect, and the date at the top of the page is the date of the current version. Continuing to use the service after that date means the new version applies.

These terms sit alongside the privacy policy, the data processing agreement and the SMS and calling policy. Where you hold a signed order form with us, it wins over all of them.