Terms of Service — Phone Stack

1. Acceptance of Terms

By accessing or using Phone Stack's AI cold calling platform, website, and related services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Phone Stack provides an AI-powered cold calling platform that enables businesses to create AI callers, manage contact lists, launch calling campaigns, and analyze call results. The Service includes call recording, transcription, AI summarization, and campaign analytics.

3. Account Registration

You must create an account to use the Service. 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 account credentials and for all activities that occur under your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

Use the Service to make calls that violate the TCPA, FCC regulations, or any applicable telemarketing laws
Call numbers on the National Do Not Call Registry or state DNC lists (Phone Stack does not perform DNC scrubbing — you are solely responsible for scrubbing your lists before uploading)
Use the Service for harassment, threats, fraud, or deception
Misrepresent your identity or the purpose of your calls
Use the Service to call emergency services (911) or government lines
Attempt to reverse-engineer, decompile, or extract the source code of our AI models
Share your account credentials or allow unauthorized access
Use the Service in any way that could damage, disable, or impair our infrastructure

5. Compliance & Consent

You are solely responsible for ensuring that your use of Phone Stack complies with all applicable laws, including the Telephone Consumer Protection Act (TCPA), FCC regulations, the FTC Telemarketing Sales Rule, and applicable state and local laws. Phone Stack does not verify consent, scrub Do Not Call lists, or guarantee legal compliance. You are responsible for obtaining all required consent from persons you contact using the Service.

6. Indemnification

You agree to indemnify and hold harmless Phone Stack, Inc. from any claims, damages, fines, penalties, or expenses (including attorneys' fees) arising from your use of the platform, including violations of the TCPA or any applicable telemarketing law. This obligation survives termination of your account.

7. Billing and Payments

Pricing

Phone Stack uses per-minute pricing based on actual talk time. Current pricing is displayed on our pricing page. We reserve the right to change pricing with 30 days' notice.

Talk Time Calculation

Talk time is measured from when a prospect answers the call to when the call ends. Ringing time, voicemail detection, and busy signals do not count toward talk time. Minutes are rounded up to the nearest second.

Free Trial

New accounts receive 30 free minutes of talk time. Free minutes expire 30 days after account creation. No credit card is required for the free trial.

Subscription Billing

Paid plans are billed monthly in advance. Usage overages are billed at the end of each billing cycle. All fees are non-refundable except as described in our refund policy.

Refund Policy

We offer a 14-day money-back guarantee on your first payment. After 14 days, payments are non-refundable. Unused minutes do not roll over to the next billing period.

8. Intellectual Property

The Service, including its AI models, software, and documentation, is owned by Phone Stack and protected by intellectual property laws. Your content (contact lists, training data, call recordings) remains your property. You grant us a limited license to use your content solely to provide the Service.

9. Data and Privacy

Our use of your data is governed by our Privacy Policy. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.

10. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may temporarily suspend the Service for maintenance, updates, or security reasons. We will provide reasonable notice of planned downtime when possible.

11. Limitation of Liability

To the maximum extent permitted by law, Phone Stack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, regardless of the cause of action. Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim. Phone Stack shall not be liable for any fines, penalties, or regulatory actions imposed upon you by any governmental authority arising from your use of the Service.

12. Termination

Either party may terminate the agreement at any time. You may cancel your account through the dashboard settings. We may suspend or terminate your account if you violate these Terms. Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination, after which it will be permanently deleted.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions. Any disputes shall be resolved in the state or federal courts located in San Francisco County, California.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or through the Service at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Contact Us

If you have questions about these Terms, contact us at:

Phone Stack, Inc.
Email: legal@phonestack.com
San Francisco, CA, United States