DRAFT — under legal review. Not yet a binding agreement.

Terms of Service

Last updated: July 2026

1. The service

Warmdial (“the Service”) is a cloud power-dialing platform operated by NinthFold (“we”, “us”). By creating an account or using the Service you agree to these Terms on behalf of yourself and any organization you represent.

2. Accounts, workspaces, and seats

You are responsible for the accuracy of your account information, the security of your credentials, and all activity in your workspace, including activity by members you invite. Each workspace member occupies a billed seat.

3. Subscriptions, trials, and billing

Plans are billed per seat, monthly in advance, through our payments provider (Stripe). Free trials require a payment method and convert to a paid subscription when the trial ends unless canceled first. Included calling minutes reset each billing period and do not roll over. Seat changes are prorated. You can cancel at any time; cancellation takes effect at the end of the current billing period.

4. Acceptable use & calling compliance

You are solely responsible for your calling activity complying with all applicable laws and regulations, including (in the United States) the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, state telemarketing laws, and Do-Not-Call registries. The Service provides compliance tooling — per-workspace DNC lists, local calling-hour enforcement, and recording disclosures — but the tooling does not constitute legal advice, and using the Service does not by itself make a calling program lawful.

You may not use the Service for: calls to emergency services; harassment, fraud, or deception (including unlawful caller-ID spoofing); robocalls or artificial/prerecorded voice calls placed without required consent; or any traffic that violates our telephony carriers' acceptable-use policies. We may suspend workspaces whose traffic triggers carrier fraud or abuse signals.

5. Call recording

Call recording is off by default. If you enable it, you are responsible for complying with all applicable recording-consent laws (which may require all-party consent) in the jurisdictions of everyone on the call. The Service's automated disclosure feature can assist but its use remains your responsibility.

6. Your data

You retain all rights to the lead lists, call outcomes, notes, recordings, and transcripts in your workspace. You grant us the limited rights needed to operate the Service (storage, processing, transmission to telephony and transcription providers). See the Privacy Policy for details.

7. Availability and changes

The Service is provided “as is” without warranties of any kind. We may modify features with reasonable notice for material changes. Telephony depends on third-party carriers; we do not guarantee uninterrupted service or call delivery.

8. Limitation of liability

To the maximum extent permitted by law, our aggregate liability arising out of the Service is limited to the amounts you paid us in the twelve months before the claim. We are not liable for indirect, incidental, or consequential damages, or for fines or penalties arising from your calling practices.

9. Termination

You may close your workspace at any time. We may suspend or terminate workspaces for breach of these Terms, non-payment, or traffic that endangers our platform or carrier relationships. Upon termination we will make workspace data available for export for 30 days, then delete it in the ordinary course.

10. Contact

Questions about these Terms: support@ninthfold.io.