Effective Date: May 14, 2026 | Last Updated: June 9, 2026
IMPORTANT NOTICE — PLEASE READ CAREFULLY
This agreement contains provisions that affect your legal rights, including a binding arbitration clause, a class action waiver, limitations on liability, and a comprehensive indemnification obligation. By using the Service you waive certain legal rights you might otherwise have, including the right to bring a lawsuit in court or participate in a class action.
1.1 Binding Agreement. These Terms of Service, User Agreement, and Acceptable Use Policy (collectively, this "Agreement") constitute a legally binding contract between you ("User," "Agent," "Subscriber," or "you") and MPDialer LLC, a California limited liability company with its principal place of business in Chico, California ("MPDialer," "Company," "we," "us," or "our"). This Agreement governs your access to and use of the MPDialer website located at mpdialer.com, the MPDialer predictive dialing platform, lead data services, call transcription and analysis tools, opt-out detection systems, and all related features, products, and services (collectively, the "Service").
1.2 Acceptance. BY CREATING AN ACCOUNT, CLICKING ANY "I AGREE," "ACCEPT," "GET STARTED," OR SIMILAR BUTTON, SUBMITTING PAYMENT, OR ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY EVERY PROVISION CONTAINED HEREIN. IF YOU DO NOT AGREE TO EVERY PROVISION OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE SERVICE AND CLOSE YOUR ACCOUNT.
1.3 Effective Date. This Agreement becomes effective on the earliest of: (a) the date you create an account; (b) the date you submit payment; or (c) the date you first access or use the Service in any manner.
1.4 Legal Capacity. By accepting this Agreement, you represent and warrant that you have full legal capacity and authority to enter into binding contracts under applicable law, that you are at least 18 years of age, and that your use of the Service does not violate any applicable law or regulation.
1.5 Business Use Only. The Service is intended solely for use by licensed life insurance professionals in the conduct of their lawful insurance business. The Service is not intended for personal, family, or household use.
2.1 Licensing Requirement. The Service is designed exclusively for use by individuals who hold valid, active life insurance licenses issued by the appropriate regulatory authority in each state where they conduct business. By accessing or using the Service you represent, warrant, and covenant on a continuous basis that:
(a) You are a duly licensed life insurance agent in good standing with the appropriate licensing authority in every state where you use the Service to place calls or conduct business;
(b) You hold all required licenses, registrations, certificates of authority, and carrier appointments in every jurisdiction in which you operate;
(c) You will maintain all required licenses in good standing throughout the entire duration of your use of the Service;
(d) You will immediately cease using the Service to call into or conduct business in any state where your license lapses, expires, is suspended, is revoked, or is otherwise rendered invalid for any reason;
(e) You understand that MPDialer has no obligation to monitor, verify, or confirm the validity of your insurance licenses at any time, and that the responsibility for maintaining proper licensure rests entirely and exclusively with you.
2.2 Account Registration. You agree to provide truthful, accurate, current, and complete information when creating your account. You agree to promptly update your account information if any information changes. Providing false, misleading, or incomplete information at any point is a material breach of this Agreement and grounds for immediate account termination without refund.
2.3 Account Credentials. You are solely and fully responsible for maintaining the security and confidentiality of your account username, password, and any other access credentials. You agree not to share your account credentials with any other individual, business, or entity under any circumstances. You are responsible and liable for all activity that occurs under your account, whether authorized or unauthorized, except to the extent caused by MPDialer's gross negligence or willful misconduct. You agree to notify MPDialer immediately at info@mpdialer.com upon becoming aware of any actual or suspected unauthorized access to your account.
2.4 One Account Per Agent. Each MPDialer subscription is issued for use by a single individual licensed agent. You may not use a single account to provide access to multiple agents, employees, or third parties. Operating a single account on behalf of multiple agents without express written authorization from MPDialer LLC is a material breach of this Agreement.
2.5 Account Verification. MPDialer reserves the right, but not the obligation, to verify your identity, licensure status, and eligibility at any time. Failure to cooperate with verification requests is grounds for account suspension or termination.
2.6 SMS Consent. Account creation requires a verified phone number. By providing your phone number during registration and checking the SMS consent box, you consent to receive transactional SMS messages from MPDialer, including account verification codes and login security codes delivered via two-factor authentication. These messages are account-security messages only and are not marketing or promotional in nature. These messages are delivered through our telecommunications service provider. Standard message and data rates may apply. Message frequency varies based on account activity. You may reply STOP to opt out or HELP for help; because these messages are security codes, opting out may prevent SMS-based login, though email-based authentication remains available. Full details are described in the MPDialer SMS / Text Messaging Terms at app.mpdialer.com/sms-terms.
2.7 Email Consent. By providing your email address during registration and checking the email consent box, you consent to receive account-related and transactional email from MPDialer, including account verification codes, login security codes, billing and subscription notices, password-reset messages, and service and account notifications. These emails are necessary for the operation and security of your account. Standard data rates from your email provider may apply. You may unsubscribe from any non-essential email at any time, but account-security and transactional emails are required while your account remains active.
3.1 Platform Overview. MPDialer provides a subscription-based technology platform that includes access to a predictive dialing system, homeowner contact lead data, automated call routing, call recording and transcription assistance, opt-out detection tools, compliance assistance features, and related functionality as further described on the MPDialer website. The specific features available may change over time at MPDialer's sole discretion.
3.2 Technology Platform Only — Not an Insurance Entity. MPDialer is a technology and lead generation platform exclusively. MPDialer is not an insurance company, insurance agency, managing general agent, insurance broker, insurance consultant, or any other licensed insurance entity. MPDialer does not sell, market, recommend, underwrite, or facilitate the purchase of any insurance product. MPDialer does not provide investment advice, financial advice, legal advice, tax advice, or regulatory compliance consulting of any kind. Nothing in the Service, on the MPDialer website, in these Terms, or communicated by any MPDialer representative in any form constitutes legal advice, compliance guidance, or a guarantee of compliance with any law or regulation.
3.3 No Guarantee of Results. MPDialer makes absolutely no representation, warranty, promise, or guarantee of any kind that your use of the Service will result in sales, closed policies, policy applications, scheduled appointments, issued insurance policies, revenue, profit, or any other specific business or financial outcome. Results vary significantly and depend entirely on factors outside MPDialer's control including but not limited to agent skill and experience, product pricing and competitiveness, underwriting criteria, market conditions, geographic factors, call volume, and individual prospect circumstances and responses. Any income or results figures presented in MPDialer marketing materials are illustrative examples only and are not representative of typical results.
3.4 Lead Data Quality. MPDialer obtains lead data from publicly available records and licensed third-party data providers. MPDialer makes reasonable efforts to provide accurate and current contact information but does not warrant that any lead data is accurate, complete, current, free of errors, or suitable for any particular purpose. Phone numbers, addresses, email addresses, and other contact information may be outdated, inaccurate, disconnected, or otherwise unusable. MPDialer shall not be liable for any damages arising from inaccurate, incomplete, or outdated lead data.
3.5 Third-Party Service Providers. The Service relies in part on third-party service providers including but not limited to dialing infrastructure providers, data vendors, transcription services, payment processors, cloud hosting providers, and telecommunications carriers. MPDialer does not control and is not responsible for the performance, availability, accuracy, or compliance of any third-party service provider. MPDialer shall not be liable for any failure, outage, error, or deficiency of any third-party service provider that affects the Service.
3.6 Telecommunications Carrier Actions. MPDialer's ability to deliver the Service depends in part on the cooperation of telecommunications carriers. Carriers may at their sole discretion flag, filter, block, or label calls placed through the Service as spam, scam, or unwanted calls. MPDialer implements caller ID authentication measures including STIR/SHAKEN compliance where available, but does not guarantee that calls will not be blocked, filtered, or labeled by carriers or third-party call screening services. MPDialer shall not be liable for any calls blocked, filtered, or labeled by telecommunications carriers or third-party call screening applications.
3.7 Service Modifications. MPDialer reserves the right to add, modify, update, suspend, or permanently discontinue any feature, functionality, or component of the Service at any time with or without prior notice to you. MPDialer shall not be liable to you or any third party for any modification, suspension, or discontinuation of any portion of the Service.
3.8 Scheduled and Unscheduled Maintenance. The Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or circumstances beyond MPDialer's control. MPDialer will use reasonable efforts to minimize downtime and to provide advance notice of scheduled maintenance where practicable. No refunds or credits will be issued for service interruptions unless caused by extended outages solely and directly attributable to MPDialer's infrastructure.
4.1 Weekly Subscription. Access to the MPDialer dialing platform is provided on a recurring weekly subscription basis. The current subscription fee is $399.00 per week, charged automatically to your payment method on file every seven days from your initial subscription date via Stripe, Inc. ("Stripe"), MPDialer's third-party payment processor.
4.2 Automatic Renewal. Your subscription automatically renews each week without further action or authorization from you unless you cancel prior to the renewal date. By subscribing, you expressly authorize MPDialer and Stripe to charge your designated payment method in the amount of the then-current subscription fee on each weekly renewal date, without any additional notice or confirmation.
4.3 Free Trials and Promotions. Any free trial, promotional pricing, or introductory offer is subject to the specific terms communicated at the time of the offer. At the conclusion of any free trial or promotional period, your account will automatically convert to a paid subscription and your payment method will be charged at the then-current regular rate unless you cancel before the trial or promotional period ends.
4.4 Price Changes. MPDialer reserves the right to change subscription pricing at any time. MPDialer will provide at least seven days advance notice of any price increase via the email address associated with your account. Your continued use of the Service after a price change takes effect constitutes your unconditional acceptance of the new pricing. If you do not agree to a price change, your sole remedy is to cancel your subscription before the new pricing takes effect.
4.5 Payment Methods. MPDialer accepts major credit cards and debit cards as processed through Stripe. You represent that you are authorized to use the payment method you provide and that the information you provide is accurate and complete. MPDialer is not responsible for any fees, charges, or penalties imposed by your bank, credit card issuer, or financial institution in connection with payments to MPDialer.
4.6 Payment Failures. If your payment method is declined or fails for any reason, MPDialer may immediately suspend your access to the Service without prior notice. You remain responsible for all amounts due. MPDialer reserves the right to attempt to recharge your payment method one or more times following a failed payment. Continued failure to pay may result in permanent account termination and referral of the outstanding balance to a collections agency or legal proceedings.
4.7 Chargebacks and Payment Disputes. You agree that before initiating any chargeback, payment dispute, or reversal with your bank or credit card issuer, you will first contact MPDialer at info@mpdialer.com and provide MPDialer with a reasonable opportunity to resolve the issue. Initiating a chargeback without first contacting MPDialer constitutes a material breach of this Agreement. MPDialer reserves the right to immediately terminate your account and pursue collection of all amounts owed, including costs and attorneys' fees, in the event of any improper or fraudulent chargeback.
4.8 No Refunds. ALL SUBSCRIPTION FEES ARE STRICTLY NON-REFUNDABLE UNDER ALL CIRCUMSTANCES. No refunds, credits, prorations, or adjustments will be issued for any reason, including but not limited to: partial subscription periods, unused dialing sessions, low call volume, poor lead quality, dissatisfaction with results, account suspension or termination for any reason, regulatory changes that affect your ability to use the Service, or loss of licensure. By subscribing you acknowledge that you have read and understood this no-refund policy and that you agree to it as a condition of using the Service.
4.9 Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current paid weekly period. You will retain access to the Service through the end of the period for which you have already paid. No refund will be issued for any remaining portion of a paid period following cancellation. To cancel, navigate to your account settings or contact info@mpdialer.com.
4.10 Taxes. You are solely responsible for any and all sales taxes, use taxes, value-added taxes, goods and services taxes, or other taxes imposed by any governmental authority in connection with your subscription or use of the Service. MPDialer will collect and remit taxes where it is legally required to do so and will add such taxes to your invoice where applicable.
5.1 One-Time Transactions. Standalone lead pack purchases are separate, one-time, non-subscription transactions. Lead pack purchases provide you with a one-time delivery of enriched homeowner contact data in CSV format. Lead pack purchases do not include access to the MPDialer predictive dialing system or any other subscription features.
5.2 CSV Delivery. Lead packs are delivered to your registered email address in CSV format within a commercially reasonable time following payment confirmation, typically within minutes under normal operating conditions. MPDialer does not guarantee delivery within any specific time and shall not be liable for delays caused by email service providers, spam filters, technical issues, or other factors outside MPDialer's reasonable control.
5.3 Non-Refundable. ALL LEAD PACK PURCHASES ARE STRICTLY NON-REFUNDABLE. By completing a lead pack purchase, you acknowledge that you have reviewed the product description, understand what you are purchasing, and unconditionally accept the no-refund policy. No refunds will be issued for any reason including inaccurate data, disconnected numbers, low contact rates, or dissatisfaction with results.
5.4 Limited Replacement Policy for Disconnected Numbers. As a limited accommodation, MPDialer offers a replacement policy for phone numbers that are confirmed disconnected at the time of purchase. To qualify for a replacement you must: (a) contact MPDialer at info@mpdialer.com within 48 hours of your purchase confirmation; (b) provide your order confirmation number; (c) identify the specific records with disconnected numbers; and (d) provide reasonable documentation confirming the disconnected status. Replacements are provided at MPDialer's sole and absolute discretion and are subject to data availability. MPDialer does not guarantee that replacement records will be available for all affected contacts. This replacement policy applies only to numbers that were disconnected at the time of delivery and does not apply to numbers that become disconnected after delivery.
5.5 Restricted Use License. Lead data purchased through MPDialer is licensed to you on a limited, non-exclusive, non-transferable, revocable basis solely for use in your individual, lawful insurance business. You expressly agree that you will not: (a) resell, redistribute, sublicense, or transfer lead data to any third party for any reason or any amount; (b) use lead data for any purpose other than your individual insurance business; (c) share lead data with other agents, employees not under your direct supervision, or unaffiliated third parties; (d) publish, post, or otherwise make lead data publicly available in any form; or (e) use lead data in any manner that violates any applicable law or regulation. Violation of this provision is a material breach of this Agreement and may subject you to legal action and damages.
NOTICE: THIS IS THE MOST CONSEQUENTIAL SECTION OF THIS AGREEMENT. READ IT IN ITS ENTIRETY. YOUR USE OF THE SERVICE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF FULL REGULATORY RESPONSIBILITY.
6.1 Agent's Non-Delegable Compliance Obligation. You, the licensed agent, bear sole, full, exclusive, absolute, and non-delegable legal responsibility for ensuring that every aspect of your use of the MPDialer Service complies with all applicable federal, state, local, and international laws, regulations, rules, orders, and guidelines, as they exist now and as they may be amended, enacted, or interpreted in the future. This compliance obligation is personal to you and cannot be transferred to, shared with, assumed by, or delegated to MPDialer LLC under any circumstances whatsoever.
6.2 Enumerated Applicable Laws. Without limiting the generality of Section 6.1, your compliance obligations include but are not expressly limited to full compliance with each of the following as currently enacted and as may be amended:
(a) The Telephone Consumer Protection Act (TCPA), 47 U.S.C. Section 227, and all regulations, rulings, declaratory orders, and guidance documents issued by the Federal Communications Commission (FCC) thereunder, including the FCC's 2024 one-to-one consent rule requiring that each consumer's consent specifically identify the seller by name and be topically linked to the subject matter of the calls;
(b) The Federal Trade Commission's Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310, including all requirements relating to call abandonment rates, which the FTC requires be maintained at or below three percent measured over any 30-day period, call disclosures, and prohibited practices;
(c) The National Do Not Call Registry administered by the Federal Trade Commission, including all requirements to register as a telemarketer where required, to scrub call lists against the National DNC Registry no less frequently than every 31 days, and to maintain your own internal do-not-call list separate and independent from any vendor-provided tools;
(d) All state-specific Do Not Call laws and telemarketing statutes in every state where you place calls, including but not limited to: California Business and Professions Code Section 17592; Florida Statute Section 501.059; Texas Business and Commerce Code Chapter 304; Indiana Code Title 24, Article 4.7; and the telemarketing statutes of all other states, including states that have enacted so-called "mini-TCPA" laws that impose requirements more restrictive than federal law;
(e) All state telemarketing registration and bonding requirements in states that require out-of-state telemarketers to register before placing calls into the state;
(f) All state insurance department regulations governing insurance marketing, solicitation, advertising, and agent conduct in every state where you are licensed and in every state where you place calls;
(g) All applicable calling hour restrictions, which under federal TSR and TCPA regulations prohibit calls before 8:00 a.m. or after 9:00 p.m. in the recipient's local time zone, and which may be more restrictive under applicable state law;
(h) The Truth in Caller ID Act, 47 U.S.C. Section 227(e), which prohibits the transmission of misleading or inaccurate caller identification information;
(i) All applicable consent requirements for the use of automated dialing technology, including any requirement for prior express written consent before placing automated calls or texts to wireless telephone numbers for telemarketing purposes;
(j) All FCC regulations regarding call abandonment, including requirements to connect calls to a live agent within two seconds of the called party's greeting, to play a recorded message identifying the caller when no agent is available, and to maintain abandonment rates within permissible thresholds;
(k) The CAN-SPAM Act, 15 U.S.C. Section 7701 et seq., to the extent any email communication is used in connection with your business activities;
(l) The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), and all other applicable state and federal privacy laws, to the extent they apply to your collection, use, or processing of personal information in connection with your insurance business;
(m) All FCC regulations and carrier requirements related to STIR/SHAKEN caller ID authentication and related anti-spoofing frameworks;
(n) All applicable carrier terms of service and acceptable use policies governing the use of telecommunications services;
(o) All insurance department marketing guidelines, producer conduct standards, carrier compliance requirements, and anti-rebating laws applicable to your licensed activities;
(p) Any and all other federal, state, or local laws, regulations, or rules that apply to your use of the Service or the conduct of your insurance business.
6.3 No Compliance Guarantee. MPDialer's DNC filtering tools, opt-out detection systems, calling hour restrictions, and other compliance assistance features are provided as technological conveniences only. These tools are provided on an "as is" basis and do not constitute a guarantee, warranty, or representation of legal compliance. MPDialer does not warrant that its compliance tools are error-free, exhaustive, complete, or current with all applicable legal requirements. The accuracy and completeness of DNC lists, opt-out records, and other compliance data depends in part on third-party providers over whom MPDialer has no direct control. You must independently verify compliance with all applicable laws regardless of what MPDialer's tools indicate. Reliance on MPDialer's compliance tools as your sole means of achieving legal compliance is expressly inadequate and at your sole risk.
6.4 Internal DNC List Obligation. You acknowledge that applicable law requires you to maintain your own internal do-not-call suppression list independent of any vendor-provided tools. You are solely responsible for creating, maintaining, and honoring your internal DNC list in compliance with all applicable requirements. MPDialer's opt-out detection tools are provided to assist you but do not satisfy your independent obligation to maintain an internal DNC list.
6.5 Regulatory Changes. Telemarketing, insurance marketing, and data privacy laws are subject to frequent and significant change at both the federal and state levels. You are solely responsible for continuously monitoring all regulatory developments that may affect your use of the Service and for independently ensuring your calling activities remain compliant with all new or amended laws and regulations. MPDialer has no obligation to notify you of any regulatory changes or to modify its platform to accommodate new regulatory requirements, and any such modifications made by MPDialer shall not be construed as legal compliance advice or a guarantee of compliance.
6.6 Call Recording Disclosure. You are solely responsible for complying with all applicable call recording consent and disclosure laws in every state where you place calls and in every state where the called party is located. California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington, and other states require the consent of all parties before a telephone conversation may be recorded. Failure to provide required recording disclosures may subject you to civil and criminal liability under applicable state law. MPDialer's recording of calls for transcription and compliance purposes is a separate matter from your obligation to disclose recording to called parties. By using the Service, you consent to MPDialer's recording and transcription of calls for compliance monitoring, opt-out detection, service improvement, and quality assurance purposes.
6.7 FTC Abandoned Call Rule. You acknowledge that FTC regulations require that calls placed using predictive dialing technology be connected to a live agent within two seconds of the called party's answer, and that abandoned call rates must be maintained at or below three percent of all answered calls measured over any 30-day period. You are solely responsible for monitoring your call abandonment rates and for ensuring compliance with this requirement.
6.8 Agent Indemnification. You agree to fully, unconditionally, and irrevocably indemnify, defend, and hold harmless MPDialer LLC and each of its members, managers, officers, employees, contractors, agents, successors, and assigns (collectively, the "MPDialer Indemnitees") from and against any and all claims, demands, lawsuits, arbitrations, regulatory investigations, enforcement actions, subpoenas, civil investigative demands, penalties, fines, judgments, settlements, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs at all levels of proceedings) arising out of or in any way related to:
(a) Your use of the Service in any manner;
(b) Any call, communication, or contact made by you using the Service;
(c) Any alleged or actual violation of any law, regulation, rule, or order by you in connection with your use of the Service or your insurance business;
(d) Any claim by any homeowner, consumer, regulator, government agency, or other third party arising from or related to calls you placed using the Service;
(e) Your breach of any representation, warranty, covenant, or obligation under this Agreement;
(f) Your failure to maintain required insurance licenses in any jurisdiction;
(g) Any misrepresentation, deceptive practice, or unlawful conduct by you in connection with your insurance business;
(h) Any act or omission by you or your employees, contractors, or agents in connection with your use of the Service.
MPDialer reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with MPDialer in the defense of any such matter and not to settle any claim subject to indemnification without MPDialer's prior written consent.
6.9 No Legal Advice. Nothing in this Agreement, on the MPDialer website, in any communication from MPDialer, or in any feature of the Service constitutes legal advice. MPDialer strongly encourages you to consult with a qualified attorney experienced in TCPA compliance, telemarketing law, and insurance marketing regulations before using the Service and on a continuing basis as laws and regulations change.
7.1 Prohibited Conduct. You agree that you will not use the Service to:
(a) Contact any individual whose telephone number appears on the National Do Not Call Registry or any applicable state DNC list, except as strictly permitted by applicable law;
(b) Place calls to any individual who has previously requested not to be called by you or by MPDialer, or whose number appears on any internal or external suppression list;
(c) Make robocalls, deliver pre-recorded messages, or use any artificial intelligence voice system, synthetic voice, or cloned voice to initiate or conduct calls with any individual without prior express written consent that meets all applicable legal requirements including the FCC's one-to-one consent standard;
(d) Place calls outside of legally permissible calling hours for the called party's time zone and state;
(e) Engage in any deceptive, misleading, manipulative, coercive, or fraudulent sales or marketing practices of any kind;
(f) Make any false, misleading, or materially inaccurate statement about yourself, your company, your carrier appointments, the products you offer, policy terms, premiums, benefits, exclusions, underwriting requirements, or any other material fact during calls placed using the Service;
(g) Violate any applicable insurance department regulation governing agent conduct, marketing, or solicitation;
(h) Use the Service to place calls in any state where you do not hold a currently valid and active life insurance license;
(i) Share, sell, transfer, sublicense, or otherwise provide your account access credentials to any other individual, business, or entity;
(j) Attempt to reverse engineer, decompile, disassemble, copy, modify, create derivative works of, or otherwise misappropriate any MPDialer software, algorithm, workflow, system, or intellectual property;
(k) Use any automated script, bot, crawler, scraper, or other automated means to access or interact with the Service outside of its normal intended use;
(l) Attempt to circumvent, disable, or undermine any technical security measure, restriction, or feature of the Service, including any measure designed to prevent the display of phone numbers;
(m) Introduce any virus, malware, ransomware, spyware, or other harmful or disruptive code into the Service;
(n) Use the Service in any manner that places or may place MPDialer in violation of any applicable law, regulation, or carrier terms of service;
(o) Use the Service for any purpose other than the lawful solicitation of life insurance products in states where you are duly licensed;
(p) Harass, threaten, abuse, intimidate, or use obscene language toward any individual contacted through the Service;
(q) Violate any individual's right to privacy, including by using lead data for any purpose other than your individual insurance business;
(r) Engage in any conduct that damages, disrupts, or adversely affects the Service or other users of the Service.
7.2 Consequences of Prohibited Conduct. Violation of any provision of this Acceptable Use Policy is a material breach of this Agreement and may result in immediate account suspension or termination without refund. MPDialer reserves the right to report any suspected illegal activity to appropriate law enforcement or regulatory authorities.
8.1 MPDialer Ownership. All software, source code, object code, algorithms, databases, systems, workflows, interfaces, designs, graphics, trademarks, trade names, service marks, logos, taglines, content, and materials comprising or related to the MPDialer platform are the exclusive intellectual property of MPDialer LLC and are protected by applicable copyright, trademark, trade secret, patent, and other intellectual property laws. All rights not expressly granted to you in this Agreement are reserved by MPDialer.
8.2 Limited License to Use. Subject to your full compliance with this Agreement and payment of all applicable fees, MPDialer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your individual lawful insurance business purposes as expressly described in this Agreement. This license does not grant you any ownership interest in any MPDialer intellectual property.
8.3 Lead Data License. Lead data provided through the Service is licensed to you on a limited, non-exclusive, non-transferable, revocable basis solely for your individual business use as described in Section 5. This license terminates automatically and immediately upon termination of your account for any reason.
8.4 Feedback. Any suggestions, ideas, feedback, recommendations, or other input you provide to MPDialer regarding the Service ("Feedback") may be used by MPDialer freely and without restriction, attribution, compensation, or obligation to you. By providing Feedback, you hereby assign to MPDialer all rights, title, and interest in and to such Feedback.
8.5 Restrictions. You agree not to: (a) copy, reproduce, distribute, or display any portion of the Service or its content; (b) use any MPDialer trademark, trade name, or logo without MPDialer's prior written consent; (c) remove, alter, or obscure any copyright, trademark, or other proprietary notice; or (d) use the Service to develop competing products or services.
9.1 Privacy Policy. MPDialer collects, uses, and processes certain personal and business information as described in the MPDialer Privacy Policy available at app.mpdialer.com/privacy, which is incorporated into this Agreement by reference. By using the Service, you consent to MPDialer's data practices as described in the Privacy Policy as it may be updated from time to time.
9.1a Third-Party Authentication. The Service offers Sign in with Google as an optional authentication method. If you use this feature, your use is also subject to Google's Terms of Service and Privacy Policy. MPDialer only receives your email address and name from Google and uses this information solely to create or authenticate your account.
9.2 Call Recording and Transcription Consent. Calls placed through the MPDialer platform are recorded and transcribed automatically for compliance monitoring, opt-out detection, service quality assurance, and platform improvement purposes. By using the Service, you expressly and irrevocably consent to the recording and transcription of all calls placed through the platform. This consent applies regardless of the state in which you are located or the state of the party being called.
9.3 Agent's Recording Disclosure Obligation. Your consent to MPDialer's recording does not relieve you of your independent obligation to comply with all applicable call recording consent and disclosure laws with respect to the parties you call. You are solely responsible for providing any legally required disclosure to called parties that the call may be recorded. MPDialer shall not be liable for your failure to comply with applicable recording disclosure requirements.
9.4 Transcripts and Records. Call transcripts and records generated through the Service are stored by MPDialer for compliance and operational purposes. MPDialer may use anonymized and aggregated call data for platform improvement and analytics. MPDialer will retain call records for a commercially reasonable period following account termination and will handle such records in accordance with the Privacy Policy.
9.5 Data Following Termination. Upon account termination for any reason, MPDialer has no obligation to export, transfer, or provide you with any account data, call recordings, transcripts, lead data, or other records associated with your account. MPDialer may delete all such data following termination in accordance with its data retention policies.
9.6 Data Security. MPDialer implements commercially reasonable technical and organizational security measures to protect account data and call records from unauthorized access, disclosure, alteration, or destruction. However, MPDialer cannot guarantee absolute security and shall not be liable for any unauthorized access to, breach of, or loss of data that is not directly caused by MPDialer's gross negligence or willful misconduct.
9.7 Your Data Responsibilities. If you collect, store, or process any personal information obtained through the Service, you are solely responsible for complying with all applicable data privacy and security laws governing such collection, storage, and processing, including but not limited to the California Consumer Privacy Act, the California Privacy Rights Act, and all other applicable state and federal privacy laws.
THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MPDIALER LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
(b) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS;
(c) ANY WARRANTY THAT DEFECTS IN THE SERVICE WILL BE CORRECTED;
(d) ANY WARRANTY THAT LEAD DATA WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR SUITABLE FOR ANY PARTICULAR BUSINESS PURPOSE;
(e) ANY WARRANTY THAT THE SERVICE WILL PRODUCE ANY PARTICULAR BUSINESS RESULT, SALES VOLUME, REVENUE, PROFIT, OR OTHER OUTCOME;
(f) ANY WARRANTY THAT THE SERVICE OR ITS COMPLIANCE ASSISTANCE FEATURES WILL ENSURE COMPLIANCE WITH ANY APPLICABLE LAW OR REGULATION;
(g) ANY WARRANTY THAT CALLS PLACED THROUGH THE SERVICE WILL NOT BE BLOCKED, FILTERED, OR LABELED AS SPAM BY TELECOMMUNICATIONS CARRIERS OR THIRD-PARTY CALL SCREENING SERVICES;
(h) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY MPDIALER OR ANY MPDIALER REPRESENTATIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MPDIALER LLC OR ANY MPDIALER INDEMNITEE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO: LOST PROFITS; LOST REVENUE; LOST SALES; LOST BUSINESS OPPORTUNITIES; LOST DATA; LOSS OF GOODWILL; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, EVEN IF MPDIALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPDIALER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS OF ANY KIND ARISING UNDER OR RELATED TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MPDIALER IN THE THIRTY (30) CALENDAR DAYS IMMEDIATELY PRECEDING THE EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM.
11.3 Essential Basis. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. MPDIALER WOULD NOT PROVIDE THE SERVICE ON THE TERMS SET FORTH IN THIS AGREEMENT WITHOUT THESE LIMITATIONS.
11.4 Jurisdictional Variations. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH JURISDICTIONS, MPDIALER'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11.5 Third-Party Claims. MPDialer shall have no liability whatsoever for any claim brought by any third party arising from your use of the Service, your calling activity, or your conduct of your insurance business.
12.1 Informal Resolution Requirement. Before initiating any formal legal proceeding of any kind, you agree to provide MPDialer with written notice of your dispute by email to info@mpdialer.com and to engage in good-faith negotiations for a period of not less than 30 days in an attempt to resolve the dispute informally.
12.2 Binding Arbitration. If a dispute cannot be resolved through informal negotiation within 30 days, any and all disputes, claims, controversies, or disagreements of any kind arising out of or relating to this Agreement, the Service, the relationship between you and MPDialer, or the breach, termination, enforcement, interpretation, or validity of this Agreement, shall be exclusively and finally resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall take place in Butte County, California.
12.3 Class Action Waiver. YOU EXPRESSLY AND IRREVOCABLY WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST MPDIALER. ALL DISPUTES MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
12.4 Arbitration Costs. The allocation of arbitration fees and costs shall be governed by the AAA's Commercial Arbitration Rules, except that MPDialer will pay all filing fees for claims that do not exceed $10,000 if you are acting in good faith.
12.5 Governing Law. This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law principles.
12.6 Venue for Non-Arbitrable Claims. To the extent any claim is determined not to be subject to arbitration, you agree that such claim shall be litigated exclusively in the state or federal courts located in Butte County, California.
12.7 Statute of Limitations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE PERMANENTLY AND IRREVOCABLY BARRED.
12.8 Injunctive Relief Exception. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm pending the resolution of a dispute through arbitration.
13.1 Term. This Agreement commences on the date you first access the Service or create an account and continues until terminated by either party.
13.2 Termination by You. You may terminate this Agreement at any time by canceling your subscription through your account settings and permanently ceasing all use of the Service.
13.3 Termination by MPDialer. MPDialer reserves the right, at its sole and absolute discretion, to suspend, restrict, or permanently terminate your account and all access to the Service immediately and without prior notice for any reason including but not limited to: violation of this Agreement; non-payment; chargebacks; fraudulent or illegal activity; conduct posing legal or reputational risk; failure to maintain licenses; regulatory action; or any other reason at MPDialer's sole discretion.
13.4 Effect of Termination. Upon termination: (a) your right to access the Service terminates immediately; (b) all licenses terminate; (c) all lead data is permanently deleted; (d) MPDialer has no obligation to retain or provide any data; and (e) surviving provisions remain in effect including Sections 6, 8, 9, 10, 11, 12, 14, and 15.
13.5 No Refund Upon Termination. Termination for any reason does not entitle you to any refund.
Nothing in this Agreement creates or shall be construed to create any employment relationship, partnership, joint venture, agency relationship, franchise, or any other form of legal association between you and MPDialer. You are an independent contractor solely responsible for your own business operations, tax obligations, licensing, and compliance. You have no authority to bind MPDialer to any obligation or agreement. MPDialer has no authority to control the manner in which you conduct your insurance business or your calls.
15.1 Entire Agreement. This Agreement, together with the MPDialer Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between you and MPDialer and supersedes all prior agreements, understandings, negotiations, representations, and communications.
15.2 Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and all remaining provisions remain in full force and effect.
15.3 No Waiver. Failure to enforce any provision shall not constitute a waiver of that or any other provision.
15.4 Assignment. You may not assign this Agreement without MPDialer's prior written consent. MPDialer may freely assign this Agreement.
15.5 Force Majeure. MPDialer shall not be liable for any delay or failure resulting from causes beyond its reasonable control.
15.6 Amendments. MPDialer may modify this Agreement at any time with at least seven days notice via email. Continued use constitutes acceptance.
15.7 Electronic Signatures and Communications. You consent to receive all communications electronically.
15.8 Export Controls. You agree to comply with all applicable export control laws.
15.9 Headings are for convenience only.
15.10 Survival. Sections 1, 6, 7, 8, 9, 10, 11, 12, 13.4, 14, and 15 survive termination.
15.11 Contact Information. MPDialer LLC, Chico, California. Email: info@mpdialer.com. Website: mpdialer.com
BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE AGREEMENT, THAT YOU FULLY UNDERSTAND ITS TERMS AND THEIR LEGAL CONSEQUENCES, AND THAT YOU AGREE TO BE UNCONDITIONALLY BOUND BY EVERY PROVISION CONTAINED HEREIN.