DIAL HARD

Terms of Service for DialHard

Effective Date: April 12, 2025
Last Updated: May 3, 2026

1. IMPORTANT NOTICES

1.1 EMERGENCY CALLING LIMITATIONS

WARNING: DIALHARD DOES NOT SUPPORT EMERGENCY CALLING

  • DialHard CANNOT be used to call emergency services (911, 112, 999, or other emergency numbers)
  • DialHard does NOT automatically transmit your location to emergency responders
  • DialHard may NOT function during power outages or internet service disruptions
  • You MUST have alternative means of accessing emergency services
  • By using DialHard, you acknowledge and accept these limitations

For all emergencies, use traditional telephone services or your mobile carrier's native calling feature.

1.2 Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you and DialHard, Inc. ("DialHard," "we," "us," or "our") governing your use of our iOS application, website, and VoIP calling services (collectively, the "Service"). By accessing or using DialHard, you agree to be bound by these Terms. If you do not agree, do not use our Service.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 16 years old to use DialHard. By using our Service, you represent and warrant that you meet this age requirement. If you are under 18, you must have parental or guardian consent.

2.2 Account Creation

To use DialHard, you must:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use

2.3 Account Termination

We reserve the right to suspend or terminate accounts that:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Abuse our Service or other users
  • Remain inactive for extended periods

3. Service Description and Limitations

3.1 VoIP Service

DialHard provides Voice over Internet Protocol (VoIP) calling services that enable you to make voice calls to phone numbers worldwide using your internet connection. Our Service:

  • Requires a stable internet connection
  • May experience quality variations based on network conditions
  • Is not a replacement for traditional telephone service
  • Does not guarantee uninterrupted service

3.2 iOS App Features

Our iOS application utilizes Apple's CallKit framework to provide:

  • Native iOS calling interface
  • Integration with iPhone's Phone app
  • Call history synchronization
  • Contact integration

Note: CallKit functionality is not available in certain regions, including China, due to local regulations.

3.3 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. Service may be unavailable due to:

  • Scheduled maintenance
  • Internet service disruptions
  • Force majeure events
  • Technical issues beyond our control

4. Acceptable Use Policy

4.1 Prohibited Uses

You agree NOT to use DialHard to:

  • Make emergency calls
  • Engage in illegal activities
  • Harass, abuse, or harm others
  • Transmit spam or unsolicited communications
  • Violate intellectual property rights
  • Attempt to gain unauthorized access to our systems
  • Resell our Service without authorization
  • Make calls to premium rate numbers without understanding the charges
  • Engage in fraud or misrepresent your identity

4.2 International Calling Restrictions

  • Certain countries may be restricted due to legal or regulatory requirements
  • We maintain a list of prohibited destinations that may change without notice
  • You are responsible for complying with laws in your location and the destination country
  • Some countries prohibit or restrict VoIP services

4.3 Fair Use

While we offer competitive rates, excessive usage that impacts our network or other users may result in:

  • Service throttling
  • Account review
  • Additional charges
  • Service termination

5. Billing and Payments

5.1 Pricing

  • Current rates are displayed in the app and on our website
  • Rates are subject to change with 30 days' notice
  • All prices are in USD unless otherwise specified
  • Per-minute billing with 60-second increments

5.2 In-App Purchases

  • Credits purchased through the iOS app are subject to Apple's In-App Purchase terms
  • All purchases are final and non-refundable except as required by law
  • Credits expire 12 months after purchase
  • Minimum purchase amounts may apply

5.3 Payment Methods

We accept:

  • Credit/debit cards
  • Apple Pay (iOS app)
  • In-App Purchase credits
  • Other methods as available

Providing accurate and current payment information is a condition of using paid features of the Service. When you make a payment, our payment processor (Stripe) shares with us standard transaction metadata about the payment instrument and the transaction itself — including the cardholder name on file with the issuing bank, the country of card issuance, the card funding type (credit, debit, or prepaid), the result of the address-verification check, and Stripe's own transaction risk assessment. We retain and use this metadata to prevent fraud and abuse, to comply with telecommunications and consumer-protection regulations, and to respond to legal process. See our Privacy Policy for the legal basis, retention period, and your rights with respect to this data.

5.4 Billing Disputes

  • Report billing disputes within 60 days
  • We will investigate and respond within 30 days
  • Provide call logs and documentation to support disputes
  • Fraudulent disputes may result in account termination

5.5 Refund Policy

Refunds are generally not provided except:

  • For verified service failures on our part
  • As required by law in your jurisdiction
  • For unauthorized charges (subject to investigation)
  • Within Apple's refund policies for In-App Purchases

6. Intellectual Property

6.1 Our Property

DialHard and its licensors own all rights to:

  • The DialHard app and website
  • Our logos, trademarks, and branding
  • Service features and functionality
  • Content we provide through the Service

6.2 Your Content

You retain ownership of content you transmit through our Service but grant us a license to:

  • Transmit your calls through our network
  • Store call logs and voicemails
  • Process your content to provide the Service

6.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation to you.

7. Privacy and Data Protection

Your use of DialHard is also governed by our Privacy Policy. Key points:

  • We collect call metadata for service delivery
  • We use encryption for calls and data transmission
  • We comply with applicable data protection laws
  • We do not sell your personal information

8. Third-Party Services and Content

8.1 Third-Party Providers

We use third-party providers including:

  • Twilio for VoIP infrastructure
  • Apple for CallKit and In-App Purchases
  • Payment processors for transactions
  • Cloud providers for hosting

8.2 Third-Party Terms

When using third-party services through DialHard:

  • Their terms and policies apply
  • We are not responsible for third-party services
  • Third-party charges may apply

9. Indemnification

You agree to indemnify, defend, and hold harmless DialHard, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from:

  • Your violation of these Terms
  • Your use of the Service
  • Your violation of any rights of another
  • Your violation of applicable laws

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • AVAILABILITY OR RELIABILITY

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • WE ARE NOT LIABLE FOR LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION
  • WE ARE NOT LIABLE FOR INABILITY TO ACCESS EMERGENCY SERVICES

10.3 State Variations

Some jurisdictions do not allow certain disclaimers or limitations, so some of these provisions may not apply to you.

10.4 EXPRESS DISCLAIMER OF GERMAN IMPLIED WARRANTIES

Für deutsche Nutzer: To the maximum extent permitted by German law, we expressly exclude:

  • Implied warranties under § 434 BGB
  • Liability for slight negligence except for essential contractual obligations
  • Liability exceeding typical, foreseeable damages
  • Any warranties not explicitly stated in these Terms

10.5 NO RELIANCE

You acknowledge that:

  • You have not relied on any representations outside these Terms
  • You have conducted your own due diligence
  • You are sophisticated enough to understand these limitations
  • You accept the service with all limitations

10.6 Technical Imperfections in Storage/Compliance

You acknowledge that web and mobile applications rely on complex interactions between browsers, operating systems, and third-party components. While we take reasonable efforts to comply with applicable privacy and electronic communications laws, we cannot guarantee the complete absence of unintended cookies, localStorage entries, sessionStorage entries, or similar technical artifacts caused by software bugs, browser behavior, or third-party SDKs.

Such unintended storage, if it occurs, is not intentional and is not used by us for tracking, analytics, marketing, or profiling.

To the maximum extent permitted by law, any claims arising from such technical imperfections are limited to your right to notify us and allow us to remedy the issue.

11. Dispute Resolution and Litigation Defense

11.1 MANDATORY PRE-LITIGATION REQUIREMENTS

FAILURE TO FOLLOW THESE PROCEDURES CONSTITUTES A MATERIAL BREACH

Before initiating ANY legal action, claim, or proceeding against DialHard, you MUST:

  1. Send Written Notice: Provide detailed written notice to [email protected] describing:

    • The specific nature of the claim
    • The specific relief sought
    • Supporting documentation and evidence
    • Your attempts to resolve the issue directly

  2. Good Faith Negotiation Period: Wait 60 days after sending notice for our response and engage in good faith negotiations

  3. Mediation Requirement: If informal resolution fails, participate in mediation at your expense before filing any legal action

  4. Certification Requirement: Any legal filing must include a sworn certification that you have completed steps 1-3

Failure to comply with these requirements will result in:

  • Immediate dismissal of claims
  • Full attorney's fees and costs awarded to DialHard
  • Sanctions for bad faith litigation

11.2 FEE-SHIFTING AND LOSER PAYS

IMPORTANT: BY USING OUR SERVICE, YOU AGREE:

  • English Rule/Loser Pays: The unsuccessful party in any dispute shall pay ALL legal fees, costs, and expenses of the prevailing party
  • Frivolous Claims: If any claim is deemed frivolous, unreasonable, or brought in bad faith, you agree to pay TRIPLE attorney's fees and costs
  • Minimum Fee Award: Any fee award against you shall not be less than €/$ 25,000 to discourage nuisance litigation
  • Security Bond: We may require you to post a security bond before proceeding with any litigation

11.3 GERMAN ABMAHNUNG (WARNING LETTER) DEFENSE

For Users and Claimants Subject to German Law:

  1. Modified Unterlassungserklärung: We explicitly reject the German practice of pre-formulated cease-and-desist declarations. Any Unterlassungserklärung must be individually negotiated

  2. Cost Limitation: In accordance with § 97a UrhG and similar provisions, we limit reimbursement for warning letters to €100 for first-time violations

  3. Berechtigtes Interesse: Claimants must demonstrate legitimate business interest and actual competitive relationship

  4. No Mass Claims: We reject template-based mass warning letters. Each claim must be individually substantiated

  5. Gegenabmahnung Right: We reserve the right to counter-claim for unjustified warning letters under § 8 Abs. 4 UWG

  6. Required Documentation: Any Abmahnung must include:

    • Proof of authorization to act
    • Specific evidence of alleged violation
    • Proportionality justification
    • Prior attempt at direct resolution

  7. Streitwert (Amount in Dispute) Cap: We hereby declare that for any alleged violation, the Streitwert shall not exceed €1,000, making attorney fee claims disproportionate

  8. Gesetz gegen unseriöse Geschäftspraktiken: We invoke all protections under the Act Against Dubious Business Practices, including:

    • Right to reject template claims
    • Reduced fee obligations for first violations
    • Protection against serial claimants
    • Bad faith claim penalties

  9. Anwaltshaftung (Attorney Liability): German attorneys bringing claims should note:

    • Violations of § 43a BRAO (professional duties) will be reported to the Rechtsanwaltskammer
    • Misuse of Abmahnung process may trigger personal liability under § 826 BGB
    • Pattern abusers face Berufsverbot (professional ban) complaints
    • We maintain relationships with German legal ethics authorities

11.4 ACCESSIBILITY CLAIMS REQUIREMENTS

For ADA/Accessibility-Related Claims:

  1. Actual Use Requirement: Claimants must demonstrate they actually attempted to use our service and encountered specific barriers

  2. Specificity Requirement: Claims must identify specific, technical accessibility issues—not general allegations

  3. Notice and Cure: 90-day notice and opportunity to cure before any legal action

  4. Expert Requirement: Claims must be supported by qualified accessibility expert testimony at claimant's expense

  5. No Professional Plaintiffs: Claims by individuals who have filed more than 3 accessibility lawsuits in the past year are presumptively in bad faith

  6. Remediation Focus: We agree to work with legitimate users on accessibility but reject monetary damages for first-time issues

11.5 ANTI-SLAPP PROTECTION

DialHard reserves all rights under Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes, including:

  • Immediate motion to dismiss
  • Recovery of attorney's fees
  • Sanctions for meritless claims
  • Expedited appeal rights

11.6 ARBITRATION WITH ENHANCED PROTECTIONS

Binding Arbitration Agreement:

  • Arbitrator Selection: Three-arbitrator panel with each party selecting one and those two selecting the third
  • Cost Allocation: Initial filing fees split equally; final costs awarded to prevailing party
  • Discovery Limits: Limited to 5 depositions and 10 document requests unless good cause shown
  • Expedited Timeline: Must be completed within 180 days
  • Reasoned Award Required: Arbitrator must provide detailed written reasoning
  • Appeal Rights: Limited appeal rights for manifest disregard of law

11.7 LITIGATION VENUE AND CHOICE OF LAW

If arbitration is unavailable or unenforceable:

  • Exclusive Venue: Germany
  • Jury Trial Waiver: Both parties waive jury trial rights
  • Choice of Law: German law without conflict provisions
  • Forum Non Conveniens Waiver: You waive any forum non conveniens arguments

11.8 MASS ACTION DEFENSE

Prohibition on Coordinated Actions:

  • No law firm may represent more than 5 clients against DialHard in any 12-month period
  • No coordination between law firms to circumvent this limit
  • Violation results in immediate dismissal and fee awards
  • Each claim must have unique, non-template allegations

11.9 INTELLECTUAL PROPERTY TROLLING DEFENSE

For IP-related claims:

  • Actual Use: Claimant must show actual commercial use of alleged IP
  • Ownership Proof: Complete chain of title required
  • No Shell Companies: Claims by non-practicing entities face heightened scrutiny
  • Indemnification: If claim fails, claimant indemnifies us against all third-party claims
  • DMCA Abuse: False DMCA claims trigger immediate €/$ 100,000 liquidated damages under 17 U.S.C. § 512(f)
  • Patent Troll Defense: Patent claims require:
    • Evidence of actual practice of patent
    • Claim charts with specific infringement allegations
    • Proof patent has been successfully enforced before
    • Bond equal to our estimated defense costs
  • Copyright Registration: Copyright claims require timely registration and deposit copies

11.10 STATUTE OF LIMITATIONS

Shortened Limitation Period: Any claims must be brought within ONE (1) YEAR of the event giving rise to the claim, or are forever barred

11.11 SEVERABILITY WITH TEETH

If any litigation defense provision is deemed unenforceable:

  • The remaining provisions survive at maximum legal strength
  • Unenforceable provisions are modified to achieve maximum legal effect
  • You agree to pay additional consideration for any benefits received if defenses are invalidated

12. Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles. For users outside Germany, local mandatory laws may apply.

13. Changes to Terms

We may modify these Terms by:

  • Posting updated Terms in the app and website
  • Notifying you via email or app notification
  • Requiring acceptance for continued use

Material changes will be notified 30 days in advance unless required sooner by law.

14. Regional Specific Terms

14.1 European Union

For EU residents:

  • You have a 14-day withdrawal right for digital content purchases, waived upon first use
  • Local consumer protection laws apply
  • Disputes may be submitted to the EU Online Dispute Resolution platform

14.2 California

For California residents:

  • Additional privacy rights under CCPA apply
  • You may contact California consumer protection agencies for disputes

14.3 China

CallKit features are disabled in China. Alternative interfaces comply with local regulations. VoIP services may be subject to additional restrictions.

15. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including:

  • U.S. Export Administration Regulations
  • Trade sanctions and embargoes
  • Restrictions on destinations, end users, and end use

16. Miscellaneous

16.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and DialHard.

16.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

16.3 Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

16.4 Assignment

We may assign these Terms. You may not assign your rights without our written consent.

16.5 Survival

Provisions that by their nature should survive termination will remain in effect.

17. Contact Information

General Inquiries: [email protected]
Legal Notices: [email protected]
Mailing Address: Germany (not for support)

18. Apple-Specific Terms

18.1 Apple Requirements

For iOS app users:

  • Apple is not responsible for our Service
  • Apple has no obligation to provide support
  • All claims should be directed to DialHard, not Apple
  • Apple is a third-party beneficiary with rights to enforce these Terms

18.2 In-App Purchase Terms

  • Purchases are processed by Apple
  • Refunds are subject to Apple's policies
  • Subscription management occurs through iOS Settings
  • Family Sharing may be available for certain purchases

19. COMPLIANCE AND REGULATORY DEFENSE

IMPORTANT DISCLAIMER: DialHard provides VoIP services on an "AS-IS" basis. We make NO representations or warranties regarding:

  • Compliance with your local telecommunications laws
  • Suitability for your specific use case
  • Compliance with competition laws in your jurisdiction
  • Accessibility standards in any particular country

YOU ARE SOLELY RESPONSIBLE for determining whether our service meets your legal requirements.

19.2 User Compliance Obligations

By using DialHard, you represent and warrant that:

  • You have verified our service complies with your local laws
  • You will not use our service in any way that violates applicable laws
  • You will not make claims based on laws we explicitly disclaim
  • You have conducted your own legal review before use

19.3 Reverse Competition Claims

Anti-Competitive Claims Defense:

  • We expressly disclaim any intent to compete unfairly
  • Our pricing and features are based on legitimate business reasons
  • Users may not claim unfair competition based on our standard features
  • Any competition law claims must prove actual market harm and anti-competitive intent

19.4 German Market Specific Disclaimers

Für deutsche Nutzer / For German Users:

  1. Kein Verstoß gegen UWG: We explicitly state our service complies with our understanding of German Unfair Competition Law (UWG)

  2. Impressumspflicht: Our contact information is provided in accordance with § 5 TMG

  3. Widerrufsrecht: B2B users explicitly waive consumer withdrawal rights

  4. Preisangabenverordnung: Prices include all mandatory disclosures

  5. Keine irreführende Werbung: We make no guarantees beyond actual service capabilities

19.5 Accessibility Safe Harbor

  1. Continuous Improvement Commitment: We commit to improving accessibility over time

  2. No Perfect Accessibility Warranty: We do not warrant perfect accessibility for all disabilities

  3. Reasonable Accommodation Process: Users with disabilities should contact [email protected] for accommodations before pursuing legal action

  4. Third-Party Component Disclaimer: Some accessibility issues may be in third-party components beyond our control

19.6 Regulatory Change Defense

If laws or regulations change after you begin using our service:

  • We have 180 days to achieve compliance
  • No retroactive liability for previous compliance
  • Users must notify us of relevant regulatory changes
  • We may terminate service in jurisdictions with unreasonable requirements

19.7 Estoppel and Waiver

Long-Term User Estoppel: If you use our service for more than 30 days without complaint, you are estopped from claiming:

  • The service was non-compliant from the start
  • You were unaware of service limitations
  • You relied on features we explicitly disclaimed

19.8 Insurance and Indemnification Enhancement

You agree to maintain adequate insurance for your business activities and may not seek damages from us that should be covered by:

  • Your business liability insurance
  • Your errors and omissions coverage
  • Your cyber liability insurance
  • Standard business insurance

Anti-False-Claim Provision: Our service intentionally includes:

  • Honeypot content designed to detect false copyright claims
  • Tracking mechanisms to identify automated claiming systems
  • Deliberate variations to expose template-based claims
  • False copyright claims on our trap content trigger immediate legal action
  • We maintain a database of entities making false automated claims

20. ENHANCED REMEDIES AND PROTECTIONS

20.1 Liquidated Damages for Bad Faith Claims

If you bring a claim in bad faith (as determined by a court or arbitrator), you agree to pay liquidated damages of €/$ 50,000, representing our estimated costs of defending against bad faith litigation.

20.2 Public Disclosure Right

We reserve the right to publicly disclose (including on our website and social media):

  • The existence of bad faith claims against us
  • The identity of parties bringing frivolous litigation
  • The outcome of such disputes
  • Law firms engaged in pattern litigation

20.3 Criminal Referral

We reserve the right to refer apparent extortion attempts disguised as legal claims to appropriate criminal authorities.

20.4 Industry Blacklist

Users who bring bad faith claims may be reported to industry databases and prohibited from using our services or partner services permanently.

20.5 Subsidiary and Affiliate Protection

These defensive provisions apply to all DialHard subsidiaries, affiliates, officers, directors, employees, agents, and partners. Any claim against these parties triggers the same defenses.

⚠️ IMPORTANT NOTICE TO PROFESSIONAL LITIGANTS AND LAW FIRMS

THIS SERVICE INCLUDES AGGRESSIVE ANTI-LITIGATION ABUSE PROVISIONS INCLUDING:

  • Mandatory fee-shifting (loser pays ALL costs)
  • Minimum €/$ 25,000 fee awards
  • €/$ 50,000 liquidated damages for bad faith claims
  • Personal liability for attorneys
  • Public disclosure of frivolous claims
  • Industry blacklisting
  • Criminal referrals for extortion

If you are associated with pattern litigation, accessibility trolling, Abmahnung schemes, or similar practices, DO NOT USE THIS SERVICE. Your use constitutes acceptance of all defensive provisions.