Last Updated: June 4, 2025
These Terms and Conditions of Service (“Agreement” or “Terms”) constitute a legally binding contract between Nexdial, Inc. (“Nexdial,” “we,” “us,” or “our”) and you, the individual or legal entity accessing or using the Nexdial platform, website, and related services (“Services”). By creating an account, clicking “I Agree,” or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority or do not agree with these Terms, you must not use the Services.
These Terms contain an arbitration clause and class-action waiver (Section 18). Please read Section 18 carefully before using the Services.
As used in this Agreement:
You must be at least 18 years of age and legally capable of entering into binding contracts to use the Services. The Services are intended for business use only and are not available to consumers for personal, family, or household purposes.
You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. Nexdial is not liable for any loss or damage resulting from your failure to secure your credentials.
Nexdial offers the following subscription tiers (subject to change; current pricing is published at nexdial.com/pricing):
All plans include: web phones, local caller IDs, parallel dialing, AMD detection, custom call disposition, real-time dashboard and reports, and a 30-day free trial for new customers.
Nexdial reserves the right to change subscription pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following 30 days’ written notice.
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all applicable taxes, except for taxes based on Nexdial’s income.
Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower). Nexdial reserves the right to suspend access to the Services for accounts with unpaid balances outstanding beyond 15 days after the due date.
Subject to your compliance with these Terms and timely payment of all applicable fees, Nexdial grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the Subscription term solely for your internal business operations.
You agree not to, and not to permit any third party to:
You acknowledge that your use of the Nexdial platform for outbound calling may be subject to the Telephone Consumer Protection Act (47 U.S.C. § 227) and FCC regulations. You represent, warrant, and covenant that you will:
TCPA violations can result in civil liability of $500–$1,500 per violation. Nexdial provides the technology infrastructure only. You are solely responsible for obtaining all required consents and for TCPA compliance. Nexdial’s indemnification does not extend to your TCPA violations.
You may not use the Services to:
As between you and Nexdial, you retain all right, title, and interest in and to your Customer Data. You grant Nexdial a limited, non-exclusive license to process Customer Data solely as necessary to provide and improve the Services and as described in the Privacy Policy.
Nexdial retains all right, title, and interest in and to the Platform, its underlying technology, AI models, software, trademarks, and Documentation. These Terms do not grant you any intellectual property rights in the Services beyond the limited license in Section 4.1.
If you provide Nexdial with suggestions, ideas, or feedback about the Services (“Feedback”), you grant Nexdial a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Services without any obligation or compensation to you.
Nexdial may collect and use aggregated, anonymized, de-identified data derived from your use of the Services for platform improvement, research, and business analytics. Such data will not identify you or your customers.
Each party (“Receiving Party”) agrees to keep confidential all non-public information disclosed by the other party (“Disclosing Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information (“Confidential Information”). The Receiving Party shall:
Confidentiality obligations do not apply to information that: (i) is or becomes publicly known through no breach by the Receiving Party; (ii) was rightfully known before disclosure; (iii) is independently developed; or (iv) is required to be disclosed by law or court order (with advance notice to the Disclosing Party where legally permissible).
Nexdial targets 99.9% monthly uptime for the Platform (excluding scheduled maintenance and events outside our reasonable control). Uptime is measured on a calendar month basis and excludes:
Nexdial will provide at least 48 hours’ advance notice of scheduled maintenance via email or in-platform notification. Scheduled maintenance is typically performed during off-peak hours.
If monthly uptime falls below 99.9%, eligible customers may request service credits calculated as follows:
Credits must be requested within 30 days of the incident. Credits are the sole and exclusive remedy for uptime failures. Credits will not be issued if your account has an outstanding balance.
Nexdial provides the following support during the subscription term:
The Services may integrate with or connect to Third-Party Services. Nexdial does not control, endorse, or assume responsibility for Third-Party Services. Your use of Third-Party Services is governed by those third parties’ own terms of service and privacy policies. Nexdial is not liable for any damages or losses arising from your use of Third-Party Services.
When you enable a Third-Party Service integration, you authorize Nexdial to transmit Customer Data to that third party as necessary to operate the integration.
You represent, warrant, and covenant that:
Nexdial represents and warrants that:
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.2, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEXDIAL DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NEXDIAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM NEXDIAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Nexdial and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Nexdial will defend, indemnify, and hold harmless you from and against third-party claims alleging that the Platform (excluding Customer Data and Third-Party Services) infringes any U.S. patent, copyright, trademark, or trade secret. This obligation does not apply if the alleged infringement arises from your modifications to the Platform, your combination of the Platform with third-party products, or your use of the Services in violation of these Terms.
The indemnified party must: (i) promptly notify the indemnifying party in writing of the claim; (ii) grant the indemnifying party sole control of the defense and settlement; and (iii) provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party may not settle any claim that imposes liability or obligation on the indemnified party without its prior written consent.
This Agreement begins on the date you first access the Services and continues for the Subscription term specified in your Order Form, and thereafter renews automatically for successive periods of equal length unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term.
Without terminating this Agreement, Nexdial may suspend your access to the Services immediately if: (i) Nexdial has reason to believe you are violating these Terms or applicable law; (ii) your account has an overdue balance; or (iii) suspension is required to protect the integrity or security of the Platform. Nexdial will use commercially reasonable efforts to notify you before or promptly after suspension, except where prohibited by law.
This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Subject to the arbitration clause in Section 18, the parties consent to the exclusive jurisdiction of the federal and state courts located in Polk County, Florida for any disputes not subject to arbitration.
You agree to comply with all applicable U.S. and international export laws and regulations, including the U.S. Export Administration Regulations (EAR) and the Office of Foreign Assets Control (OFAC) sanctions programs. You represent that you are not located in, and will not use the Services in, any country or region subject to U.S. embargo, and that you are not a Specially Designated National or Blocked Person.
Nexdial reserves the right to modify these Terms at any time. When we make material changes, we will:
Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must terminate your Subscription before the effective date of the changes.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT.
Before initiating formal dispute resolution, the parties agree to attempt to resolve any dispute informally. The party seeking resolution must send a written notice of dispute to the other party describing the dispute and the relief sought. The parties will attempt to resolve the dispute within 30 days of receipt of the notice.
If the dispute is not resolved informally within 30 days, either party may elect to resolve the dispute through final and binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or if the amount in dispute exceeds $250,000, pursuant to the JAMS Comprehensive Arbitration Rules. The arbitration will be conducted in English in Polk County, Florida (or virtually), before a single arbitrator selected pursuant to JAMS rules. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND NEXDIAL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER A CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.
Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, governmental actions, or internet or telecommunications failures.
This Agreement (together with any applicable Order Forms, the Privacy Policy, and the Acceptable Use Policy) constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings.
If any provision of this Agreement is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Failure by either party to enforce any provision of this Agreement does not constitute a waiver of that party’s right to enforce it in the future.
You may not assign or transfer this Agreement or any rights or obligations hereunder without Nexdial’s prior written consent. Nexdial may assign this Agreement without your consent in connection with a merger, acquisition, or sale of all or substantially all of Nexdial’s assets. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns.
Legal notices must be in writing and delivered to: Nexdial, Inc., support@nexdial.com. Notices are effective upon receipt. Nexdial will send notices to the email address associated with your Account.
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, franchise, or agency relationship between the parties.
Section headings are for convenience only and shall not affect the interpretation of this Agreement.
For questions about these Terms, please contact:
Nexdial, Inc.
Email: support@nexdial.com
Phone: (863) 434-7257
Website: www.nexdial.com
© 2019 - 2026 Nexdial, Inc. | All right reserved
