Terms & Conditions – Dialzilla LLC

Effective Date: 01-06-2025

Company: Dialzilla LLC ("Dialzilla," "Company," "We," "Us," "Our")

Customer / User: ("Client," "Customer," "You," "Your")

These Terms and Conditions ("Terms") govern the provisioning and use of Voice Termination Services, DID (Direct Inward Dialing) Services, SMS/Text Messaging Services, VoIP Connectivity, and any related telecommunications services (collectively, the "Services") provided by Dialzilla LLC. By initiating business with Dialzilla, submitting an order, or using the Services, the Client agrees to be bound by these Terms.

1. Acceptance of Terms

Use of the Services constitutes acceptance of these Terms in full. If the Client does not agree to these Terms, the Client must not use the Services. Dialzilla may update these Terms from time to time as described in Section 14; continued use of the Services after an update constitutes acceptance of the revised Terms.

2. Scope of Services

Dialzilla provides:

  • Wholesale and retail VoIP Voice Termination and Origination services.
  • DID (Direct Inward Dialing) numbers for inbound call connectivity.
  • SMS/MMS-enabled numbers and Application-to-Person (A2P) messaging services.
  • Toll-Free and Local number provisioning.
  • Technical support for routing, interconnection, and troubleshooting.

All Services are provided on a best-effort basis and are subject to availability, network capacity, upstream carrier performance, regulatory constraints, and carrier partnerships. Dialzilla does not guarantee uninterrupted or error-free service.

3. Regulatory Compliance Framework

The Client acknowledges that the Services are subject to U.S. federal telecommunications law, including but not limited to:

  • Telephone Consumer Protection Act (TCPA) — 47 U.S.C. § 227 and its implementing regulations at 47 C.F.R. § 64.1200.
  • Truth in Caller ID Act — 47 U.S.C. § 227(e), prohibiting caller ID spoofing with intent to defraud, cause harm, or wrongfully obtain anything of value.
  • STIR/SHAKEN Caller ID Authentication Framework — implementing rules under the TRACED Act, 47 C.F.R. Part 64, Subpart HH.
  • FCC Robocall Mitigation Database (RMD) requirements — 47 C.F.R. § 64.6305.
  • CTIA Messaging Principles and Best Practices — carrier-enforced industry standards for SMS/MMS traffic.
  • 10DLC / Application-to-Person (A2P) campaign registration requirements, including brand and campaign vetting through The Campaign Registry (TCR) or equivalent.
  • Cooperation obligations with the Industry Traceback Group (ITG) and FCC-authorized traceback consortiums.

Dialzilla reserves the right to suspend or terminate Service immediately and without prior notice if traffic is reasonably suspected of violating any of the above.

4. Voice Services Terms

4.1 Lawful Use

The Client must ensure all voice traffic is legally sourced and used solely for lawful communication. Traffic must not involve unsolicited robocalls, auto-dialing without required consent, fraud, phishing, harassment, or deceptive practices of any kind.

4.2 Caller ID / CLI Requirements

The Client agrees to transmit only valid, accurate, and legally authorized Caller ID (CLI) information. Caller ID spoofing intended to defraud, cause harm, or wrongfully obtain anything of value is strictly prohibited under the Truth in Caller ID Act and these Terms.

4.3 Call Quality Standards

The Client agrees to maintain acceptable Answer-Seizure Ratio (ASR), Average Call Duration (ACD), Post-Dial Delay (PDD), and related call quality metrics. Dialzilla may automatically block routes where:

  • ACD falls below industry-acceptable thresholds.
  • Repeated traceback complaints are received.
  • Spam or fraudulent ANI/CLI patterns are detected.

4.4 DID Number Usage

DID numbers provided by Dialzilla:

  • Are leased, not sold, and remain Dialzilla's property (or that of its underlying carrier) at all times.
  • Must not be resold or transferred without Dialzilla's prior written approval.
  • Must not be used for illegal call centers, spam campaigns, or anonymous caller ID masking without consent.
  • May be reclaimed, suspended, or blocked by Dialzilla if used in violation of any telecom regulation or these Terms, including where inbound traffic patterns indicate fraud, abuse, or elevated complaint activity.

5. SMS / Text Messaging Services Terms

This Section applies to all SMS, MMS, and A2P messaging traffic sent using numbers or connectivity provided by Dialzilla.

5.1 Consent & Opt-In Requirements (TCPA Compliance)

The Client is solely responsible for obtaining and documenting valid consent before sending any text message, in accordance with the TCPA and CTIA guidelines:

  • Marketing/promotional messages require prior express written consent from the recipient.
  • Informational/transactional messages (e.g., appointment reminders, order updates, OTPs) require, at minimum, prior express consent.
  • Consent records (timestamp, method, and language presented to the consumer) must be retained by the Client and made available to Dialzilla upon request, including in response to a regulatory inquiry or traceback request.
  • Purchased, scraped, or third-party consumer lists do not satisfy consent requirements and may not be used.

5.2 Program / Brand Description Requirement

Prior to activation, the Client must provide Dialzilla with a written description of the messaging program(s) to be operated on the Service, including the sending brand name, use case (e.g., account notifications, marketing, two-factor authentication, appointment reminders), and target audience. This description is used for carrier campaign vetting and 10DLC registration and must accurately reflect actual traffic sent.

5.3 Call-to-Action (CTA) Details

(To be completed by the Client prior to campaign activation/registration.)

  • How consent is granted: [e.g., website opt-in form, checkbox at checkout, keyword text-in ("Text JOIN to XXXXX"), verbal consent recorded at point of sale, paper form — specify all applicable methods]
  • Program / brand description(s): [Insert a plain-language description of the messaging program(s), matching what is submitted to the carrier/TCR]
  • Message frequency: [e.g., "Message frequency varies," "Up to 4 messages per month," "One-time confirmation message"]

The Client must retain a screenshot, recording, or archived copy of the actual opt-in flow (webpage, form, or script) as evidence of the CTA disclosed above, and must make it available to Dialzilla upon request.

5.4 Link to Terms & Conditions and CSP Validation

  • Client's public Terms & Conditions URL: [Insert live, publicly accessible URL]
  • Client's public Privacy Policy URL: [Insert live, publicly accessible URL]
  • Dialzilla and/or the registering Campaign Service Provider (CSP) confirms that the consent language, opt-in/opt-out mechanics, program description, and CTA details set out in this Section have been reviewed and validated against the information obtained from the Client's Campaign Service Provider(s) (CSP) at the time of 10DLC brand/campaign registration with The Campaign Registry (TCR) or equivalent messaging aggregator/carrier vetting process. Any discrepancy between this document and the Client's actual messaging practice must be corrected by the Client before traffic is sent.

5.5 Required Message Disclosures

Every applicable messaging program must clearly disclose, at opt-in and/or in the first message:

  • Program/brand name.
  • "Message and data rates may apply".
  • Message frequency.
  • Instructions to text STOP to opt out and HELP for assistance.
  • A link to the applicable Terms & Conditions and Privacy Policy.

5.6 Opt-Out (STOP) and HELP Handling

The Client's messaging platform must honor STOP, UNSUBSCRIBE, CANCEL, END, and QUIT keywords as immediate, permanent opt-out requests, and must respond to HELP requests with support contact information. Dialzilla may suspend numbers or campaigns that fail to honor opt-out requests within carrier-mandated timeframes.

5.7 Prohibited Content

Consistent with CTIA guidelines, the following content categories are prohibited on Dialzilla's messaging Services unless the Client has obtained the specific carrier exemptions required (which are rare and case-by-case): illegal or age-restricted content involving sex or sexually explicit material, hate speech, alcohol, firearms/weapons, tobacco/vaping, and illegal drugs or controlled substances (the "SHAFT" categories), as well as high-risk financial services content that has not been separately vetted and approved by the relevant carriers.

5.8 10DLC / Campaign Registration Compliance

The Client agrees to cooperate with all information requests necessary for Dialzilla (or its CSP) to register the Client's brand and campaign(s) with The Campaign Registry (TCR) or equivalent, and acknowledges that carriers may reject, throttle, or block unregistered or misrepresented campaigns at their sole discretion, outside of Dialzilla's control.

6. Traceback Cooperation

If Dialzilla receives a traceback request from the ITG, FCC, or any other authorized regulatory or industry authority regarding voice or SMS traffic, the Client must respond within 24 hours with complete call/message source details. Failure to cooperate may result in immediate service suspension, termination, and/or referral to the relevant authorities.

7. Billing & Payment

  • Billing is based on Call Detail Records (CDRs) and/or Message Detail Records (MDRs) generated by Dialzilla's systems, which shall be deemed accurate absent demonstrable error.
  • Billing precision may use 3, 4, or 6 decimal-digit rounding for voice, depending on the product; SMS/MMS is billed per message/segment as applicable.
  • Invoices are due per the agreed payment schedule (e.g., prepaid, weekly, bi-weekly, net terms).
  • Billing disputes must be submitted in writing within 7 days of the invoice date; disputes submitted after this period may be denied.
  • Non-payment may result in service suspension without further notice.

8. Fraud Management & Security Responsibilities

The Client is solely responsible for the security of its own VoIP and messaging infrastructure, including SIP servers, softswitch/PBX configuration, messaging platform, API credentials, and authentication credentials. Dialzilla is not liable for traffic generated as a result of compromised servers, unauthorized access, credential leaks, or misconfiguration on the Client's side. All completed calls and delivered messages are billable regardless of the origin of the traffic, including fraudulently generated traffic, unless otherwise agreed in writing.

9. Data Privacy & Confidentiality

Dialzilla may collect and maintain account details, contact information, call/message routing data, consent records, and billing records as necessary to provide the Services and comply with applicable law. Dialzilla does not sell or share Client or end-user personal data except:

  • When required by law or valid legal process.
  • In connection with traceback, regulatory compliance, or carrier campaign vetting requirements.
  • As necessary to deliver the Services (e.g., to upstream carriers).

Both parties agree to maintain the confidentiality of business rates, routing strategies, consent records, and account credentials.

10. Limitation of Liability

Dialzilla shall not be liable for loss of business revenue due to downtime, service interruption caused by upstream carriers, carrier-side campaign rejection or filtering, or any indirect, incidental, special, or consequential damages.

Dialzilla's maximum aggregate liability under these Terms shall not exceed the total value of Services used by the Client in the 30 days preceding the claim.

11. Indemnification

The Client agrees to indemnify, defend, and hold Dialzilla harmless against any claims, penalties, fines, or damages (including reasonable attorneys' fees) arising from: illegal or non-compliant traffic; misuse of Caller ID; lack of valid consent for SMS/voice communications; violation of the TCPA, FCC rules, or any other applicable telecommunications law; and the Client's resale, onward routing, or messaging campaign practices.

12. Suspension & Termination

Either party may terminate Services with written notice per the applicable service agreement. Dialzilla may suspend or terminate Services immediately, without notice, if:

  • Fraudulent, unlawful, or non-consensual traffic is detected.
  • A regulatory compliance failure occurs (including failure to honor opt-outs or a failed carrier campaign vetting).
  • Payment default occurs.
  • The Client fails to cooperate with a traceback request under Section 6.

Upon termination, all DID numbers, messaging campaigns, and associated Services are reclaimed by Dialzilla or the underlying carrier.

13. Governing Law

These Terms are governed by the laws of the United States and applicable federal communications regulations, without regard to conflict-of-law principles.

[Insert applicable state law / venue if a specific state jurisdiction applies to Dialzilla's contracts.]

14. Amendments to Terms

Dialzilla may revise these Terms at any time to reflect changes in law, carrier requirements, or business practices. Material changes will be communicated to active Clients, and continued use of the Services after the effective date of a revision constitutes acceptance.

15. Contact Information

For questions regarding these Terms, compliance documentation, or campaign registration support, contact:

Dialzilla LLC

Address: 10431 patterson ave, A3, Henrico, Virginia,USA, 23238

Email: noc@dialzilla.com

Phone: 9145200391

This document is a compliance-oriented template covering U.S. voice and SMS telecommunications requirements (TCPA, FCC/STIR-SHAKEN, CTIA, 10DLC). It is not a substitute for legal advice — Dialzilla should have these Terms reviewed by telecom counsel before publishing them or submitting them as part of any carrier/CSP campaign registration, and should fill in all bracketed placeholders with accurate, current information.