Terms of Service

Version 3 — Effective October 8, 2026

These Terms of Service ("Terms") are a contract between Wayne Point, LLC, d/b/a FlyDialer ("FlyDialer", "we", "us") and the person or business registering for or using the FlyDialer application (the "Service"). By creating an account, accepting an invite to join an existing account, or using the Service, you agree to these Terms on behalf of yourself and, if you are joining an account created by someone else, in addition to (not instead of) the agreement your account owner already made when they signed up.

1. What the Service does

FlyDialer is an outbound sales-calling tool: contact and list management, scripted call sessions, call placement and logging, and optional integrations you choose to connect (such as a calendar or CRM). Some features described in these Terms — for example text messaging — may not be turned on for your account yet; features that aren't enabled don't apply to you until they are.

2. Ownership of the Service and of your data

The Service belongs to us. The FlyDialer software, website, design, features, documentation, and the FlyDialer name and logo are owned by Wayne Point, LLC and are protected by copyright, trademark, and other intellectual property laws. These Terms do not transfer any ownership of the Service to you. While your account is in good standing, we give you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own business's sales outreach, subject to these Terms. Any right not expressly granted here is reserved by Wayne Point, LLC.

You agree that you will not, and will not help anyone else:

• Copy, modify, or create derivative works of the Service, or sell, resell, rent, sublicense, or otherwise provide it to anyone outside your account;
• Reverse engineer, decompile, or try to extract the source code of the Service, except where the law expressly allows it despite this restriction;
• Scrape, crawl, or use automated means to access the Service other than through the features we provide, or get around any security or access control in it; or
• Use the Service, or anything you learn from it, to build or help build a competing product.

Your data belongs to you. You (or your account owner, for data added to their account) keep ownership of the contacts, lists, notes, call logs, recordings, transcripts, scripts, templates, and other content you put into or create in the Service ("Your Data"). You give Wayne Point, LLC permission to host, copy, process, and transmit Your Data only as needed to provide, secure, and support the Service for you, and as described in our Privacy Policy. We do not sell Your Data. You are responsible for having the rights you need to upload Your Data and to use it the way you do through the Service.

Feedback. If you send us ideas, suggestions, or other feedback about the Service, we may use it for any purpose without owing you anything for it.

3. You are responsible for how you use it

FlyDialer gives you the tools to place calls, log dispositions, and (once enabled) send text messages. You, not FlyDialer, are solely responsible for making sure every call and message you place through the Service complies with the law — including, without limitation, the Telephone Consumer Protection Act (TCPA) and its implementing regulations, the federal Do-Not-Call rules and any state Do-Not-Call registry, state "mini-TCPA" telemarketing statutes, state laws governing consent to record a phone call (some states require the consent of every party on the call, not just one), CAN-SPAM and CTIA guidelines once text messaging applies to you, and any licensing or registration requirement your state imposes on telemarketing callers.

Specifically, you agree that you will not use the Service to:

• Call or text a number on the national or a state Do-Not-Call registry, or a number that has told you or a prior caller not to be contacted, without a legally valid exemption;
• You are solely responsible for checking whether a number is on the national or any state Do-Not-Call registry, and for maintaining your own suppression list of anyone who has separately opted out, before you call or text it. The Service does not screen numbers against any Do-Not-Call registry for you unless a Do-Not-Call screening feature is explicitly enabled on your account;
• You are solely responsible for calling only during the hours and days the law allows in the called party's local time, including federal and state time-of-day and day-of-week restrictions. Any calling-hours setting or warning in the Service is a convenience, not a guarantee of compliance;
• Call or text a wireless number using an automatic telephone dialing system or an artificial or prerecorded voice without the prior express consent the law requires for that kind of contact;
• Record a call without obtaining whatever consent the law of the relevant state(s) requires before recording;
• Upload, import, or dial a contact list you don't have the legal right to contact — including lists you know or should know were scraped, stolen, or purchased in violation of another platform's terms or applicable law;
• Harass, threaten, defraud, impersonate another person or business, or engage in unlawful debt collection; or
• Use the Service in any way that violates any applicable local, state, or federal law.

FlyDialer is a calling and record-keeping tool. It is not a law firm, does not give legal advice, and does not review your contact lists or calling activity for legal compliance before you place a call.

4. Call recording

An account owner may turn on call recording for their account. Recording captures only the caller's own side of the call (their microphone), not the person being called, and produces an audio file and a transcript the account owner can review. Every user on the account is told recording is on, and must acknowledge it, before they can place calls. Because a microphone can pick up sound from a speaker nearby, users should wear a headset. The account owner is solely responsible for giving whatever notice, and obtaining whatever consent, the law requires before turning recording on, including any consent required from the users being recorded.

5. Email

The Service lets you send email to your contacts, including through a Gmail or other email account you connect. You, not FlyDialer, are solely responsible for complying with the CAN-SPAM Act and any other applicable law governing commercial email — including using accurate sender and subject information, identifying an advertisement as such where required, including a valid physical mailing address, providing a clear and conspicuous way to opt out of future email, and honoring an opt-out request within the time the law requires. FlyDialer does not review, approve, or send email on your behalf, and is not responsible for the content of any email you send through the Service or for your compliance with anti-spam law.

6. Text messaging (once enabled)

Text/SMS messaging is disabled by default and not currently available on every account. If and when we turn it on for your account, an updated version of these Terms with texting-specific consent and opt-out requirements will apply, and we will ask you to re-accept the updated Terms before you can send a text through the Service. Continuing to use texting after that point means you've accepted the updated Terms.

7. Every user on an account accepts these Terms individually

If you join an account through an invite code rather than creating the account yourself, you are still individually agreeing to these Terms — because you are the one placing and recording calls under your own login, separately from whoever owns the account. Your account owner accepting these Terms does not accept them on your behalf.

8. Indemnification

You agree to indemnify, defend, and hold harmless Wayne Point, LLC and its officers, employees, and agents from any claim, liability, damages, and expense (including reasonable attorneys' fees) arising out of your calling, texting, or emailing activity through the Service, including claims brought under the TCPA, a Do-Not-Call law, a call-recording consent law, or the CAN-SPAM Act.

9. Suspension and termination

We may suspend or terminate your access to the Service, with or without notice, if we reasonably suspect you are violating these Terms — in particular Section 3 — or any applicable law. You may stop using the Service at any time; your account owner can remove your access, and the account owner can close the account entirely.

10. No warranty; limitation of liability

The Service is provided "as is," without warranties of any kind, express or implied. To the maximum extent permitted by law, Wayne Point, LLC will not be liable for any indirect, incidental, special, or consequential damages, or for any amount exceeding what you paid for the Service in the three months before the claim arose.

11. Changes to these Terms

We may update these Terms as the Service changes. If we make a material change — for example, adding text-messaging-specific terms when that feature turns on — we will require you to re-accept the updated Terms the next time you sign in before you can keep using the Service. The version number and effective date at the top of this page always reflect the version currently in force.

12. Contact

Questions about these Terms can be sent to [email protected].

See also our Privacy Policy.