Terms of Service

Welcome to Dwell Insights ("Dwell", "we", "our", or "us"). By accessing or using our platform, website, and associated services, you agree to comply with and be bound by the following Terms of Service. Please read them carefully.

1. Acceptance of Terms

By creating an account, upgrading to a premium tier, or using any of the Dwell Insights services, you are agreeing to these terms on behalf of yourself or the entity you represent. If you do not agree to these terms, you may not use our services.

2. Platform Usage & Account Responsibilities

You are responsible for maintaining the security of your workspace, API keys, and user accounts. Dwell provides a platform for CRM management, automated workflows ("Paths"), and omnichannel communication. You agree to use these tools solely for lawful purposes.

3. Communication & Messaging Compliance (SMS/Email)

Dwell provides infrastructure for sending SMS text messages and emails. By utilizing these features, you strictly agree to:

• Compliance with Laws: Abide by the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all other relevant regional communication laws.
• Consent: Only send messages to contacts who have explicitly opted-in to receive communications from your organization.
• Prohibited Content: You may not use Dwell to send spam, unsolicited marketing, deceptive content, or content that violates carrier guidelines (e.g., SHAFT regulations).

Dwell reserves the right to immediately suspend your messaging capabilities or terminate your workspace if we detect high bounce rates, spam complaints, or carrier violations.

4. Third-Party Integrations & APIs

Dwell allows you to connect third-party platforms, including Google Ads, Meta Ads, Twilio, and Resend.

• API Usage: Your use of these integrations is governed by the respective terms of those third parties.
• Google API Compliance: Dwell's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
• Liability: Dwell is not responsible for the uptime, policy changes, or data practices of any third-party integration you choose to connect to your workspace.

5. Subscriptions, Billing, and Overages

Dwell operates on a tiered subscription model.

• Limits: Each tier includes specific monthly limits for SMS, Emails, Users, and Paths.
• Overage Fees: If you exceed your tier's allotted telecom limits, you agree to be automatically billed for overages at the rates clearly stated on your Billing dashboard.
• BYO Messaging: Clients on eligible tiers utilizing "Bring Your Own" (BYO) messaging infrastructure are responsible for all direct fees billed by their external providers (e.g., Twilio, SendGrid), in addition to Dwell's platform access fees.

6. Data Privacy

Your privacy and the privacy of your contacts are critical to us. How we collect, use, and protect your data is governed by our Privacy Policy, available at dwellinsights.com/privacy.

7. Limitation of Liability

Dwell is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Dwell Insights shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data resulting from your use of the platform, your inability to access the platform, or any third-party API outages.

8. Termination

We reserve the right to suspend or terminate your access to the platform at any time, with or without cause or notice, particularly in the event of a breach of these Terms or spam violations.

9. Contact

If you have any questions regarding these Terms of Service, please contact us at info@dwellinsights.com.