Terms of Service

Text N Dial provides cloud-based communications services including but not limited to: phone number (DID) provisioning and management, business phone system features (extensions, call routing, IVR, voicemail), SMS/MMS messaging, and related telecommunications services.

You must provide accurate, complete, and current information during registration. You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized access. You must be at least 18 years of age to use the Service.

Billing models. The Service is offered under two billing models: (a) a prepaid balance model, in which you fund your account in advance and charges are deducted in real time; and (b) a subscription model (the “Phone System” plan), in which you are charged a recurring fee on a monthly or annual cycle. Subscriptions are processed by our payment provider, Stripe.

Phone System subscription. The Phone System plan is billed in advance and renews automatically at the end of each billing cycle until you cancel. By subscribing, you authorize us, via Stripe, to charge your designated payment method on each renewal date for the recurring plan fee, any active add-ons (e.g., extra users, extra phone numbers, call recording), and any usage-based charges incurred during the prior period (including but not limited to toll-free inbound overage as described below). You may cancel your subscription at any time from the Billing page; cancellation takes effect at the end of the current billing period, and previously paid amounts are non-refundable except as required by applicable law.

Included usage and toll-free overage. The Phone System plan includes unlimited outbound calling within the United States and Canada and unlimited inbound calling on local (geographic) numbers, plus 500 minutes of toll-free inbound calling per calendar month across all toll-free numbers on your account. Toll-free inbound minutes used in excess of the included allotment are billed at $0.025 per minute (subject to change with at least 30 days’ notice). Service is not interrupted when you exceed the included allotment — calls continue to be delivered, and the overage is charged on the first day of the following calendar month, appearing on that month’s statement. The included toll-free allotment resets on the first day of each calendar month and does not roll over. We display your current toll-free usage on the Billing page so you can monitor it in real time.

Prepaid balance. Customers not on a subscription operate on a prepaid balance. You must fund your account before using paid features. Charges are deducted from your balance in real time for services including but not limited to: phone number monthly recurring charges (MRC), per-message SMS fees, per-minute voice charges (including toll-free inbound minutes for prepaid customers), setup fees, and porting fees. If your balance is insufficient to cover recurring charges (e.g., DID renewals), the associated services may be suspended. Numbers suspended for non-payment for more than 29 days may be permanently released.

Auto top-up. Auto top-up, if enabled, will automatically charge your payment method when your balance falls below your configured threshold. You authorize these charges by enabling this feature.

Refunds. All payments are non-refundable unless otherwise determined by the Company at its sole discretion or required by applicable law. Refunds, if issued, will be returned to the original payment method.

Taxes and fees. All prices displayed on the platform are exclusive of applicable taxes, fees, and government-imposed surcharges. You are solely responsible for determining and remitting any federal, state, local, or international taxes, telecommunications surcharges, universal service fees, or other regulatory assessments applicable to your use of the Service in your jurisdiction.

Pricing changes. We may change pricing for any plan, add-on, or usage-based charge with at least 30 days’ notice via email or in-Service notification. Continued use of the Service after the effective date constitutes acceptance of the new pricing.

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in immediate suspension or termination of your account.

You are solely responsible for compliance with all applicable laws regarding your use of SMS/MMS messaging, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and carrier requirements including 10DLC registration. You must obtain proper consent from recipients before sending messages. We reserve the right to suspend messaging capabilities for accounts found in violation of these requirements.

Phone numbers provisioned through the Service are licensed, not owned. We reserve the right to reclaim numbers that are suspended for non-payment, used in violation of these Terms, or required by regulatory authorities. Number portability is subject to carrier approval and applicable fees.

The Service is not intended as a replacement for traditional telephone service and has important limitations regarding emergency calling (911/E911).

E911 is not enabled by default. Emergency calling (911) is only available on phone numbers for which you have explicitly enabled and registered the E911 service with a valid physical address. If E911 is not enabled on a number, calls to 911 from that number will not be completed.

Even when E911 is enabled, the Service may not function the same as traditional 911 services. Limitations include but are not limited to: (a) the Service depends on your internet connection and power supply — if either is unavailable, E911 will not function; (b) the address you register is provided to emergency dispatchers, but we cannot guarantee its accuracy or that responders will be dispatched to the correct location; (c) there may be a delay in connecting your call compared to traditional 911.

By using the Service, you acknowledge these limitations and agree that Vibratel LLC shall not be liable for any damages, injuries, or losses resulting from the inability to reach emergency services or from any errors in emergency call routing. You are responsible for maintaining alternative means of accessing emergency services (e.g., a mobile phone or landline).

E911 service is included at no additional charge for customers on the Phone System subscription plan, subject to the number of E911 registrations included with your plan. For prepaid customers, E911 is available as an optional add-on at the then-current rate per registered phone number per month. Toll-free numbers cannot carry E911 due to industry regulation; you must register E911 on a local (geographic) number.

We strive for high availability but do not guarantee uninterrupted service. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control. We are not liable for any loss resulting from service interruptions.

We collect and process data as described in our Privacy Policy. You retain ownership of your data. We will not sell your data to third parties. Call recordings are stored for the duration specified by your plan and then permanently deleted.

The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Vibratel LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that: (a) the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components; (b) call quality, message delivery, or feature availability will meet your requirements; (c) defects will be corrected; (d) the Service will be compatible with your equipment, software, or networks; or (e) any data you store or transmit through the Service will not be lost, corrupted, or disclosed. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

To the maximum extent permitted by law, Vibratel LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

You agree to defend, indemnify, and hold harmless Vibratel LLC and its officers, directors, employees, agents, affiliates, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from or related to: (a) your use of and access to the Service; (b) your violation of these Terms or the Acceptable Use Policy; (c) your violation of any applicable law, regulation, or carrier rule, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state two-party recording consent laws, and 10DLC requirements; (d) any claim that messages, calls, recordings, voicemails, or other content sent or transmitted through your account caused damage or violated the rights of a third party; (e) your violation of any third-party right, including without limitation any privacy, publicity, or intellectual property right; or (f) any dispute between you and a recipient of a communication sent through your account.

This obligation will survive termination of these Terms and your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You may not settle any matter without our prior written consent.

Either party may terminate the agreement at any time. Upon termination, your account will be deactivated and your data will be retained for 30 days before permanent deletion. Any remaining balance may be refunded at the Company's discretion, less any outstanding charges.

We may suspend or terminate your account immediately if you violate these Terms, the Acceptable Use Policy, or applicable law.

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, severe weather, fires, floods, earthquakes, pandemics or public-health emergencies, war, terrorism, civil unrest, government actions or orders, labor disputes, power or telecommunications failures, internet or carrier outages, denial-of-service attacks, supply-chain disruptions, or third-party service or vendor failures. The affected party will use commercially reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as practicable.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes shall be resolved in the courts of Delaware.

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

Entire agreement. These Terms, together with the Acceptable Use Policy and Privacy Policy, constitute the entire agreement between you and Vibratel LLC regarding the Service and supersede any prior or contemporaneous agreements, communications, or understandings on the same subject.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. A waiver of any provision will be effective only if in writing and signed by us.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, financing, sale of assets, or change of control. Any attempted assignment in violation of this section is void.

Independent contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

Notices. Notices to you may be delivered by email to the address on your account or by in-Service notification. Notices to us must be sent to legal@vibratel.com with a copy by mail to the address listed below.

Survival. Sections 3 (Billing), 7 (E911), 9 (Data Privacy), 10 (Warranties), 11 (Liability), 12 (Indemnification), 15 (Governing Law), and any other provisions that by their nature should survive, will survive termination.

For questions about these Terms, contact us at: legal@vibratel.com

Vibratel LLC
2093 Philadelphia Pike Ste# 8647
Claymont, Delaware 19703