Terms of Service

BY EXECUTING A SERVICE ACTIVATION FORM AGREEMENT OR OTHERWISE SUBSCRIBING TO HOPDIAL'S SERVICES, YOU ENTER INTO A BINDING CONTRACT WITH HOPDIAL, INC. THIS CONTRACT IS COMPRISED OF THE SERVICE ACTIVATION FORM AGREEMENT, THE APPLICABLE SERVICE DESCRIPTION, AND THIS TERMS OF SERVICE AGREEMENT (COLLECTIVELY, THE “AGREEMENT”). BY SUBSCRIBING TO OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN AND INCORPORATED BY REFERENCE.

1. Introduction

This HopDial Terms of Service, together with any operating rules, policies, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the “Agreement”), constitutes the entire agreement between HopDial, Inc., a Pennsylvania corporation (“we,” “us,” or “HopDial”) and the party set forth in the related Service Activation Form Agreement (“you,” “your,” “user,” or “Customer”) regarding HopDial's Services. For purposes of this Agreement, the term “HopDial” includes its respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys, and any other service provider that furnishes services or devices to you in connection with this Agreement.

2. Definition of Services

HopDial provides a suite of cloud-based business communications solutions, including VoIP Phone Services, Unified Communications as a Service (UCaaS), Fax, Messaging, Paging, AI Insights for Calls, and AI Agents (collectively, the “Services”). The Services utilize data networks, including the Internet, to transport voice, data, and other communications that have been converted into data packets. Not all Customers subscribe to all Services; each Customer's specific Services are defined in the Customer's Service Activation Form Agreement.

3. Amendments and Revisions

HopDial may revise the terms and conditions of this Agreement from time to time. Notice of any such revisions shall be provided by posting on the HopDial website at www.HopDial.com, email to the address on file for your account, or written notice. Revisions shall become effective thirty (30) days after the date notice is first provided, unless a later effective date is specified. Your continued use of the Services after the effective date of any revision constitutes your acceptance of such revision.

4. Customer Representations

You represent and warrant that: (a) your primary business address is in the United States; (b) you are at least eighteen (18) years of age or the age of majority in your jurisdiction; (c) you possess the legal right and ability to enter into this Agreement; (d) your name, username, contact information, and registered location are true and correct; and (e) you are authorized to act on behalf of your company or organization. You agree to promptly notify HopDial whenever your business or billing information changes.

5. Use of Services and Device

5.1 Business Use

The Services are provided to you exclusively for business and professional use. You shall not use the Services for any personal, residential, non-business, or non-professional purpose. You shall not resell or transfer the Services to any other person without express written permission from HopDial.

5.2 User Responsibility

You agree that you are responsible for all use of the Services related to your account. You accept full liability for your actions and the actions of anyone who uses the Services via your account, with or without your permission.

5.3 Use Outside the United States

HopDial does not presently offer or support the Services to customers located in any country other than the United States. If you use the Services from outside the United States, you do so at your own risk.

6. Local Number Portability

In the event you are transferring an existing phone number from another carrier, you hereby authorize HopDial to process your order and notify your current service provider of your decision to switch. You may be required to complete a letter of authorization and provide supporting documentation. HopDial shall not be responsible for any delay in the port of your number.

7. Service Distinctions

You acknowledge and understand that the Services are not traditional telephone services and are provided on a best-efforts basis. Important distinctions exist between traditional telephone service and the Services provided by HopDial.

7.1 Emergency Services — 911 Dialing

HopDial 911 dialing is different from traditional 911 service. Your Services will not be activated until HopDial receives an affirmative acknowledgment that you have read and understood the 911 Disclosure Agreement.

7.2 Service Limitations

The Services do not necessarily support 0+ or operator assisted calling, and may not support 311, 511, and other x11 services in all areas. The Services are not compatible with all non-voice communications equipment, including some office security systems, emergency phones in elevators, and certain medical monitoring devices.

8. Length of Service; Renewal and Cancellation

8.1 Service Term

The Services are provided for the term set forth in your Service Activation Form Agreement. Your term begins on the Subscription Date or the date HopDial successfully processes your payment, whichever is later.

8.2 Automatic Renewal

The Services shall automatically renew for successive terms unless you provide written notice of cancellation to HopDial at least sixty (60) days prior to the end of the then-current term.

8.3 HopDial's Right to Disconnect

HopDial has the right to suspend or discontinue the Services, or to disconnect your Services, at any time. HopDial reserves the right to immediately disconnect the Services without notice due to non-payment or unlawful or inappropriate use as described in the Acceptable Use Policy.

8.4 Termination of Service

To terminate the Services, contact the HopDial Customer Care Department via email at [email protected] or by calling 1-866-305-0407 at least sixty (60) days prior to the expiration of the then-current service term. Upon termination, all outstanding charges become immediately due and payable.

9. Fees and Charges

All fees and charges are as set forth in your Service Activation Form Agreement. HopDial may revise fees upon written notice. Customer is responsible for all applicable taxes, Universal Service Fees, and other governmental charges. A Regulatory Recovery Fee shall be charged monthly. A reinstatement fee of up to $25.00 applies for service reactivated after deactivation for non-payment.

10. Billing and Payment

HopDial will charge in advance for each term of service. Primary accepted payment methods are ACH transfers and checks. Credit cards may be accepted subject to an additional surcharge. HopDial does not accept debit cards. If you dispute any charge, you must notify HopDial in writing within thirty (30) days at [email protected].

11. Acceptable Use Policy

You agree to comply with the HopDial Acceptable Use Policy, which is incorporated into this Agreement by reference.

12. Limitation on Warranties and Liability

HOPDIAL MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICES OR DEVICE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. HOPDIAL DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION.

THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO HOPDIAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless HopDial from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of your use of or inability to use the Services, any breach of this Agreement by you, any violation of applicable law, or any use of the Services by any person using your account.

14. Dispute Resolution and Binding Arbitration

HopDial and you agree to arbitrate any and all disputes and claims, except with respect to claims for amounts owed for services rendered. Before pursuing arbitration, you should first contact the Customer Care Department at 1-866-305-0407 or visit support.hopdial.com. All arbitration proceedings shall be conducted in Montgomery County, Pennsylvania.

YOU AND HOPDIAL AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HOPDIAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. YOU AND HOPDIAL AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Exclusive venue and jurisdiction shall lie in the state or federal courts located in Montgomery County, Pennsylvania.

16. Privacy

HopDial is committed to respecting your privacy relating to personally identifiable information. Once you choose to provide personally identifiable information, it will only be used in the context of your relationship with HopDial. HopDial will not sell, rent, or lease your personally identifiable information to others.

17. Force Majeure

Neither party shall be liable for any delay or failure in performance caused by events beyond such party's reasonable control, including acts of God, earthquakes, fires, floods, pandemics, wars, terrorism, government actions, cyberattacks, or Internet service disruptions.

18. Survival; Entire Agreement

Provisions relating to indemnification, limitations on liability, warranty limitations, dispute resolution, billing, and your obligation to pay for the Services shall survive termination. This Agreement, together with the Service Activation Form Agreement and Acceptable Use Policy, constitutes the entire agreement between you and HopDial.

19. Contact Information

For questions about these Terms of Service: