DialSwarm / Terms / Privacy / Compliance / Voice consent

Terms of Service

Last updated October 18, 2026 (calling terms version 2) · DialSwarm

These Terms are an agreement between you (the business or person that opens an account, "you" or "the Customer") and DialSwarm ("we", "us"). They cover your use of the DialSwarm website, workspace, phone and browser demo, public API and integrations (together, the "Service"). By creating an account, ticking an acceptance or consent box, connecting an integration, or placing a call, you accept these Terms. If you do not accept them, do not use the Service. These Terms are a plain language draft and are not legal advice.

1. What the Service does

DialSwarm lets you set up AI voice agents that place outbound phone calls to numbers you provide, speak a pitch you write, and record the outcome. The agents use an artificial voice. You decide who is called, what is said, and when.

2. You are the caller, and you are responsible for consent and for your lists. Every call placed through your account is a call made by you, in your name, to people you chose. You alone are responsible for having a lawful basis, including prior express written consent where the law requires it, to call every number you load, import, send through the API, or dial by hand, and for the truth of every consent record you enter. You are responsible for complying with all laws that apply to your calls, including the U.S. Telephone Consumer Protection Act and its rules (including the FCC's treatment of AI generated voices as artificial voices), the FTC Telemarketing Sales Rule, the National Do Not Call Registry and state do-not-call lists, state telemarketing and "mini-TCPA" laws, calling time rules, caller identification and call authentication rules, state registration and bonding requirements, wiretapping and recording laws, and any state law that requires telling people a call uses an automated, artificial or AI voice. By default the agent introduces itself as an assistant or agent and says it is an AI when asked. If the calls you make need a disclosure at the start of the call, you must choose the setting that gives it (Settings, "How the agent introduces itself") or write it into your opening line. You are expected to know and follow these rules before and during every campaign. DialSwarm does not verify your consent records, does not review your lists, and does not give legal advice. The safeguards in the Service (section 5) are tools that make some mistakes harder. They are not a guarantee of compliance, they do not replace your own legal review, and they do not move any responsibility from you to us.

3. Accounts

You must be at least 18, have authority to bind the business you represent, and give accurate information. You are responsible for everything done with your login, API keys and connected integrations. Keep credentials secret and tell us at once if you suspect misuse. You may not share an account to avoid per-account limits.

4. Acceptable use

You may not use the Service to:

run scams, fraud, phishing, or any call meant to deceive people about who is calling or why;
impersonate a person, business, agency or brand you are not authorized to represent, or use a cloned voice without the documented consent of the voice owner;
instruct, train or configure an agent to claim to be human or to deny being an AI when someone asks. The Service refuses and removes such instructions, and trying to get around that is a breach of these Terms;
call numbers without the consent the law requires, call numbers on a Do Not Call list, call outside lawful hours, or keep calling someone who has asked you to stop;
spoof or falsify caller ID, or use a number that is not yours to use;
harass, threaten or abuse anyone, or send content that is unlawful, hateful or sexually explicit;
call emergency services, hospitals, or numbers you know belong to people under 18;
collect, record or process protected health information as defined by HIPAA, unless we have agreed in writing that your use is supported. DialSwarm does not sign business associate agreements today (see the Compliance page);
probe, disable or bypass any limit, safeguard, or security measure of the Service, or resell the Service without our written agreement;
use the Service in a way that gets our carriers, voice providers or other customers into trouble.

5. Safeguards built into the Service

Some safeguards run for every account and cannot be turned off: a consent record and a ticked confirmation on every lead; your account's Do Not Call list and any federal registry data we have loaded; a warning on calls outside 8 am to 9 pm in the called person's local time; an agent that never claims to be human and says it is an AI whenever asked; a block on calls to area codes in states we have not cleared (currently Washington); an automatic Do Not Call entry and hang up when a person asks not to be called again; a check that the caller ID is a real number on the carrier account; and a compliance record for every call. Details are on our Compliance page. We may change or add safeguards at any time to meet legal or carrier requirements. An optional notice that calls are transcribed and may be recorded is on by default. If you turn it off, you take full responsibility for any notice or consent that the law requires.

6. Recording, transcription and notice

Calls are transcribed. We do not keep call audio unless you turn on call recordings in your settings. When you do, the agent's opening line says the call may be recorded, and recordings are stored on our servers with the call record and deleted with it. You are responsible for telling people what the law requires you to tell them about recording or transcription, and for getting consent where the law needs every party to agree. You are responsible for how you use transcripts, summaries and any recordings you choose to make.

6a. AI reception and voice copies

AI reception. If you switch on AI reception, an AI assistant answers calls to the number you choose, tells callers it is an AI if asked, takes messages and can answer questions from the information you give it. You are responsible for that information being accurate and for telling us which number it should answer. It does not make promises or commitments for you, and you should not rely on it for emergencies.

Voice copies. You may only submit your own voice. Each recording must include the spoken consent line we show you. We review recordings before a voice is made and may refuse any request. Cloned voices are produced by our voice provider and may only be used for your own business calls on DialSwarm. See Voice and recording consent.

7. Your data

You keep your rights in your data: leads, consent records, scripts, and call content ("Your Data"). You give us a limited license to host, process, transmit and display Your Data, and to share it with our service providers, only to run the Service for you, to protect the Service, and to meet legal obligations. You promise you have the right to give us Your Data, including the phone numbers and the consent behind them. We keep consent records, attestations and compliance records for the period stated in the Privacy Policy because they may be needed to answer a legal claim. How we handle personal information is explained in the Privacy Policy.

8. The homepage demo

The homepage demo can place one automated call to a US phone number you enter, only after you tick the consent box. You confirm the number is yours or that you may receive calls on it, and that you agree to one automated call that may use an AI voice and may be recorded or transcribed for quality. The number is used for that call and is not stored. Demo calls are not a condition of purchase. We may limit or end the demo at any time.

9. Plans, usage and payment

Paid plans include a monthly amount of connected calls (calls where a person answered and the conversation lasted at least 10 seconds). Plans are priced per seat. Calls beyond the included amount use prepaid credits; when the included calls and credits are used up, calling pauses until you add credits or seats. Credits are not refundable and do not expire while your account is open. Plan prices and rates may change on 30 days' notice. Fees are billed monthly, are in US dollars, exclude taxes, and are non-refundable except where the law requires otherwise. Unpaid amounts may lead to suspension. The free plan includes a small number of trial calls (10, or 100 when you sign up with a valid referral code) and may be changed or ended at any time. Referral credits are free trial calls only, have no cash value, and may be withdrawn if a code is abused (for example, by creating accounts to collect credits). Extra phone numbers and other add-ons are billed as shown in the product.

10. Integrations and third parties

The Service can connect to your CRM and automation tools and uses third party providers for telephone service and voice AI. Those services have their own terms and may change or fail. We are not responsible for them. When you connect an account, you authorize us to read and write the data you chose to share.

11. Our property

We own the Service, including its software, design and documentation. We grant you a limited, non-exclusive, non-transferable right to use it during your subscription. Feedback you send us may be used by us without obligation to you.

12. No warranty

The Service is provided "as is" and "as available". AI voices can mishear, misspeak or say things you did not intend, and telephone networks can fail. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that calls will connect, that any outcome will happen, or that your use will meet any legal standard.

13. Limit of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for all claims relating to the Service is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. These limits apply however the claim is brought and even if a remedy fails of its essential purpose.

14. You indemnify us. You will defend, indemnify and hold harmless DialSwarm and its owners, officers, employees, contractors, and service providers (including our telephone carriers and voice AI providers) from and against all claims, demands, investigations, regulatory actions, damages (including statutory damages per call or per message), fines, penalties, settlements, costs and attorneys' fees arising out of or related to: (a) the calls, messages and recordings made through your account; (b) your failure to have the consent or other legal basis required to call any number, or any inaccuracy in a consent record; (c) violation of the TCPA, the Telemarketing Sales Rule, state telemarketing, do-not-call, privacy, recording or wiretapping laws, or any other law; (d) the content of your scripts, pitches and instructions; (e) Your Data; and (f) your breach of these Terms. This applies whether the claim is brought by a person called, a class, a regulator, a carrier or anyone else, and it includes claims in which we are named as a defendant alongside you. We may choose our own counsel at your expense. You may not settle a claim that imposes any obligation or admission on us without our written consent.

15. Disputes: arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

Informal first. Before filing anything, email [email protected] with a description of the dispute, and give us 30 days to try to resolve it.
Binding individual arbitration. Except as stated below, any dispute between you and us arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Rules if you are an individual using the Service for personal purposes), by a single arbitrator. The arbitration will be held by video conference unless the parties agree otherwise. Judgment on the award may be entered in any court that has jurisdiction.
Class action waiver. You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine claims or preside over any form of class or representative proceeding.
Jury trial waiver. To the extent a claim is heard in court, you and we both waive the right to a jury trial.
Exceptions. Either of us may bring an individual claim in small claims court, and either of us may ask a court for an injunction to protect intellectual property or confidential information.
Opt out. You may opt out of this arbitration section within 30 days of first accepting these Terms by emailing [email protected] with the subject "Arbitration opt out" from your account email.
Governing law. These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict of laws rules.

If the class action waiver is found unenforceable for a claim, that claim will go to court and not to arbitration, and the rest of this section stays in force.

16. Suspension and termination

You may stop using the Service and cancel at any time. We may suspend or end your access at once, with or without notice, if we believe you have breached section 2, 4 or 5, if a carrier, provider, regulator or court asks us to, if we receive complaints about your calls, if your account is used to place calls without valid consent, if your lists contain numbers on Do Not Call lists, or if keeping the account open could harm us or others. We may preserve and hand over records, including consent and compliance records, to the people and authorities entitled to them. After termination you can ask for an export of Your Data for 30 days; after that we may delete it, apart from records we must or may keep under the Privacy Policy. Sections that by their nature should survive (including 2, 6, 12 to 15 and 18) survive termination.

17. Changes

We may update these Terms. If a change is material we will tell you by email or in the product. If you keep using the Service after the change takes effect, you accept it.

18. General

These Terms, together with the Privacy Policy and anything you accept in the product, are the whole agreement between us about the Service. If a part is unenforceable, the rest stays in force. You may not assign these Terms without our consent; we may assign them to a successor. A failure to enforce a right is not a waiver of it. Neither of us is liable for delays caused by events outside our reasonable control. Notices to you may be sent to your account email, and notices to us go to [email protected].

Questions about these Terms: [email protected]. See also Privacy, Compliance and Voice and recording consent.