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OptimalDial Terms of Service

Last Updated: October 27, 2025

Welcome to OptimalDial. These Terms of Service ("Terms") govern your access to and use of the OptimalDial platform and services (collectively, the "Service") provided by Raia Technologies ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Service Description and Nature of Relationship

1.1 Data Analysis Service
OptimalDial is a platform that helps sales teams increase connect rates by analyzing lead lists and identifying which prospects are most likely to answer their calls. To generate our analysis, OptimalDial may place test calls or otherwise interact with phone numbers using our own systems, infrastructure, and phone numbers. These activities are conducted by OptimalDial as part of our independent data analysis process, not on behalf of or as an agent for Client.

1.2 No Agency or Joint Venture
OptimalDial acts solely as an independent data analysis provider. No agency, partnership, joint venture, or employment relationship exists between OptimalDial and Client. When OptimalDial places calls or performs other analysis activities, we do so using our own resources and for our own business purposes (providing data analysis services). Client does not direct, control, or participate in OptimalDial's analysis methodology.

1.3 OptimalDial's Analysis Process
You acknowledge that:

  • OptimalDial determines its own methods for analyzing phone numbers, including whether and how to place test calls
  • Any calls made by OptimalDial are made from OptimalDial's phone numbers and systems
  • OptimalDial is solely responsible for compliance with applicable laws regarding our analysis activities
  • You receive only the final analysis output (scores/classifications), not access to or control over OptimalDial's testing infrastructure

1.4 Your Independent Use of Analysis
After receiving OptimalDial's analysis, you independently decide: (a) whether to contact any individual, (b) which contact method to use, (c) when to make contact, and (d) all aspects of your outreach campaigns. OptimalDial's scoring service does not constitute a recommendation, endorsement, or instruction to contact any specific individual.

2. User Accounts

2.1 Account Responsibility
To use certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.2 Account Information
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3. Use of the Service

3.1 Lawful Use
You agree to use the Service only for lawful purposes and in accordance with these Terms.

3.2 Prohibited Activities
You shall not:

  • Use the Service in any way that violates any applicable law or regulation
  • Attempt to interfere with or disrupt the Service or servers or networks connected to the Service
  • Impersonate or attempt to impersonate OptimalDial, an OptimalDial employee, another user, or any other person or entity
  • Use the Service to transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Misrepresent OptimalDial's analysis as constituting compliance verification, DNC scrubbing, or consent validation

4. Compliance and Regulatory Responsibility

4.1 OptimalDial's Testing Compliance
OptimalDial is solely responsible for ensuring our data analysis activities, including any test calls or interactions we conduct, comply with all applicable laws and regulations including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), Do Not Call (DNC) registries, General Data Protection Regulation (GDPR), and other relevant laws. OptimalDial maintains our own compliance processes, DNC scrubbing protocols (if required for our testing activities), and regulatory safeguards.

4.2 Your Calling Compliance Obligations
You are solely responsible for ensuring your own calling practices comply with all applicable laws and regulations, including but not limited to:

  • Telephone Consumer Protection Act (TCPA)
  • Telemarketing Sales Rule (TSR)
  • National and state Do Not Call (DNC) registries
  • General Data Protection Regulation (GDPR)
  • State-specific consumer protection laws
  • Industry-specific regulations

You must independently: (a) scrub lists against DNC registries before making your own calls, (b) obtain required consents, (c) honor opt-out requests, (d) comply with calling time restrictions, and (e) maintain proper documentation for your calling activities.

4.3 Separation of Activities
You acknowledge that OptimalDial's testing activities and your subsequent calling activities are separate and independent. OptimalDial's analysis of a phone number does not indicate that:

  • The number has been scrubbed against DNC registries for your use
  • Consent exists for you to contact that individual
  • The number is legally compliant for you to call
  • OptimalDial endorses or recommends that you contact that individual

4.4 Your Indemnification of OptimalDial
You agree to indemnify, defend, and hold harmless OptimalDial, Raia Technologies, and our affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of OptimalDial's analysis
  • Your calling, marketing, or outreach activities
  • Your violation of TCPA, TSR, DNC regulations, or other applicable laws
  • Claims by individuals contacted by you (as distinct from OptimalDial's testing activities)
  • Your data privacy or security practices
  • Any allegation that your activities were conducted on behalf of OptimalDial or with OptimalDial's direction

4.5 OptimalDial's Compliance Responsibility
OptimalDial is responsible for compliance with applicable laws regarding our own data analysis and testing activities. However, OptimalDial shall have no liability to Client for any claims arising from Client's use of the analysis or Client's subsequent calling activities.

5. Client Representations and Warranties

You represent and warrant that:

5.1 Legal Right to Submit Data
You have the legal right to submit phone number data to OptimalDial for analysis purposes.

5.2 Data Compliance
Your collection and submission of data to OptimalDial complies with all applicable privacy laws.

5.3 Understanding of Analysis Process
You understand that OptimalDial may contact submitted phone numbers as part of our analysis process.

5.4 Lawful Use
You will use OptimalDial's analysis only for lawful purposes.

5.5 No Misrepresentation
You will not misrepresent OptimalDial's analysis as constituting compliance verification, DNC scrubbing, or consent validation.

5.6 Independent Compliance
You maintain all necessary consents, permissions, and legal bases for your own subsequent contact activities with individuals in your submitted lists.

6. Disclaimers

6.1 Analysis Accuracy
OptimalDial's scoring represents statistical predictions based on our proprietary analysis methods. OptimalDial does not warrant that scores will be accurate for any specific phone number or that "Likely to Answer" predictions will result in successful connections for your calls.

6.2 Not a Compliance Service
OptimalDial does not provide DNC scrubbing, consent verification, or compliance checking services for your use. Our analysis identifies phone number characteristics and answer likelihood only. You must independently ensure compliance through appropriate third-party DNC scrubbing services, consent management, and internal compliance processes.

6.3 No Legal or Regulatory Advice
OptimalDial does not provide legal, regulatory, or compliance advice. You should consult qualified legal counsel regarding your compliance obligations.

6.4 Service Availability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Intellectual Property

7.1 Ownership
The Service and its original content, features, and functionality are owned by Raia Technologies and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Restrictions
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to normal web browsing or as expressly permitted in writing by us.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

10. Limitation of Liability

10.1 No Liability for Client's Calling Activities
OPTIMALDIAL AND RAIA TECHNOLOGIES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO YOUR CALLING ACTIVITIES, MARKETING CAMPAIGNS, OR USE OF THE ANALYSIS PROVIDED BY THE SERVICE. YOU ACKNOWLEDGE THAT YOUR CALLING ACTIVITIES ARE ENTIRELY SEPARATE FROM OPTIMALDIAL'S ANALYSIS SERVICES AND YOU ASSUME ALL RISKS AND LIABILITIES ASSOCIATED WITH YOUR OWN CALLING PRACTICES.

10.2 General Limitation
IN NO EVENT SHALL RAIA TECHNOLOGIES, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

10.3 Maximum Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTIMALDIAL'S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL BE LIMITED TO ZERO (0). CLIENT ASSUMES ALL RESPONSIBILITY AND LIABILITY FOR THEIR USE OF THE ANALYSIS AND SUBSEQUENT ACTIVITIES.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Maharashtra, India, without regard to its conflict of law provisions.

13. Contact Us

If you have any questions about these Terms, please contact us at optimaldial@raiatechnologies.com.

By using OptimalDial, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.