Terms of Service

These Terms of Service ("Terms") are a legal agreement between you ("you," "your," or "Customer") and Dale AI, Inc., a Delaware corporation ("Dale AI," "we," "us," or "our"). They govern your access to and use of the Dale AI platform, including our website at dale.app, our web application, voice AI services, CRM tools, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, brokerage, or team, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.

If you do not agree to these Terms, do not use the Service.

1. Overview of the Service

Dale AI is a voice-first, AI-powered CRM platform designed for real estate professionals. The Service includes:

• Voice AI Agent: An AI assistant that answers and makes phone calls on your behalf, qualifies leads, books appointments, and handles follow-up communications.
• CRM Platform: Contact management, opportunity tracking, interaction logging, task scheduling, and pipeline management for real estate transactions.
• Automated Communications: AI-initiated and AI-assisted phone calls, text messages (SMS/MMS), and email communications sent on your behalf to your contacts and leads.
• Call Transcription and Optional Recording: Transcription of all phone calls handled by the AI agent for CRM processing. Audio recording is available as an optional feature that you may enable or disable.
• Integrations: Connections with phone/SMS providers, email services, and calendar systems.

The Service is intended for use by licensed real estate agents, brokers, teams, and brokerages operating in the United States.

2. Account Terms

2.1 Account Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly if it changes.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at security@dale.app if you suspect unauthorized access to your account.

2.3 Account Requirements

You must be at least 18 years old and legally able to enter into contracts. If you are using the Service for real estate activities, you represent that you hold all licenses and authorizations required by applicable law in your jurisdiction.

2.4 One Person Per Account

Accounts are for individual users. Each person who accesses the Service must have their own account. You may not share login credentials with others. Team and Team+ plans provide multiple individual accounts under a single billing relationship. Each user account is a billable seat — see Section 3.2.

3. Subscription Plans and Billing

3.1 Plans and Pricing

The Service is offered under the following subscription plans:

• Solo — $649 per month per user.
• Team — $549 per month per seat, with a minimum of 5 seats. The Team plan has no maximum number of seats; a Team subscription may grow to any number of seats at the per-seat rate. Any seat ranges shown on our pricing page are guidance, not a limit on your subscription.
• Team+ — custom pricing negotiated with our sales team, intended for larger organizations. Team+ subscriptions are governed by these Terms together with the order form or contract you sign. See Sections 3.9 and 3.10.

All fees are stated and payable in U.S. dollars. Subscriptions are billed monthly; we do not currently offer annual billing. Outside the pre-launch beta described in Section 3.5, there is no free plan; self-serve subscriptions include the free trial described below.

Current plan details and features are described on our pricing page and may change. We will give you at least 30 days' notice before any price increase takes effect on your existing subscription. If you are on a committed term under Section 3.9, your negotiated rate applies for the duration of that term.

3.2 Seats

A seat is a user account. Billing for a seat begins when an administrator on your account creates the user, and ends when that user is disabled. A disabled user's seat is released immediately, not at the end of your billing period.

The number of seats you are billed for each month is the greater of (a) the number of active user accounts on your subscription, or (b) the minimum seat count that applies to your plan or contract. The Team plan minimum is 5 seats, so a Team subscription with fewer than 5 active users is still billed for 5. The Solo minimum is 1 seat. A Team+ minimum is the seat commitment stated in your contract, if any.

3.3 Billing

Subscriptions are billed monthly in advance. By subscribing, you authorize us and our payment processor to charge your designated payment method on a recurring basis for your subscription fees, any prorated amounts under Section 3.4, and any applicable taxes. You are responsible for keeping a valid payment method on file.

3.4 Changes to Your Subscription

All subscription changes take effect immediately and are prorated in both directions. There is no waiting period and no end-of-cycle batching.

• Adding seats or upgrading your plan takes effect immediately, and you are charged a prorated amount for the remainder of the current billing period.
• Removing seats or downgrading your plan also takes effect immediately. The prorated value of the removed portion is issued as a credit applied automatically against your next invoice. It is not refunded to you as cash. If the credit exceeds your next invoice, the remainder carries forward against later invoices.

Seat reductions cannot lower your billed seat count below the minimum that applies to your plan or contract under Section 3.2.

Cancelling your subscription entirely is the one exception to the immediate-change rule above: cancellation takes effect at the end of your current billing period, not immediately. See Sections 3.8 and 11.1.

3.5 Pre-Launch Beta and Free Trial

The pre-launch beta is free and does not require a credit card. Billing begins when we open the full product at launch. The payment-method requirement and automatic day-15 billing described below apply to self-serve subscription trials after launch, not to beta signup. Beta participation does not itself authorize a charge.

After launch, new self-serve subscriptions include a 15-day free trial. A valid payment method is required when you sign up: your payment method is collected and validated at signup, but it is not charged during the trial. Negotiated Team+ subscriptions do not include a free trial; a committed term begins on the date your contract is signed.

Unless you cancel before the trial ends, your subscription converts to a paid subscription and your payment method is charged on day 15, and monthly thereafter. The first charge is based on your billed seat count at the end of the trial under Section 3.2, plus applicable taxes; because seats may change during the trial, we cannot quote your first invoice amount at signup. We will notify you before your trial ends. If you cancel during the trial you are not charged, and no early termination fee under Section 3.10 applies.

3.6 Taxes

Fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies imposed by taxing authorities on your use of the Service, excluding taxes based on Dale AI's net income.

3.7 Failed Payments, Suspension, and Deletion

If a payment fails, we and our payment processor will retry your payment method over a period of several weeks and notify you. If payment is still not recovered at the end of that retry period, we will suspend your access to the Service.

After suspension, you have 90 days to bring your account current. If you pay the outstanding balance within that window, your account and Your Data are fully reinstated. Throughout the 90-day window you may export Your Data as described in Section 7.4.

If your account is not brought current within 90 days of suspension, your account and Your Data may be permanently deleted and cannot be recovered. Records we are required to retain for legal, tax, or accounting purposes — including invoices, payment records, and contract records — are retained after Your Data is deleted.

3.8 No Refunds; Credits

Fees are non-refundable except where required by law. If you cancel your subscription, you will retain access through the end of your current billing period and will not receive a refund of amounts already paid for that period.

This does not displace Section 3.4: reducing seats or downgrading your plan produces a credit against your next invoice, not a cash refund. Credits are applied to amounts you owe us for the Service and are not paid out.

3.9 Negotiated Plans and Committed Terms

Team+ and other negotiated subscriptions are agreed on price and term together — for example, a commitment to 10 seats for 12 months. If your subscription includes a committed term:

• You are billed monthly at your negotiated per-seat rate for the length of the term.
• Your billed seat count will not fall below your committed seat count, even if you have fewer active users (Section 3.2). Seats above the commitment are added and released as described in Sections 3.2 and 3.4.
• Unless your order form or contract states otherwise, your term renews automatically at the end of the term for an additional term of the same length, at the same rate and the same seat commitment. To prevent renewal, you must notify us in writing at least 30 days before the current term ends. We will remind you before that deadline.
• Committed subscriptions cannot be cancelled through your account settings. To cancel or change a committed subscription, contact us at support@dale.app.

3.10 Early Termination of a Committed Term

If you terminate a committed term before it ends, you owe an early termination fee equal to 50% of the remaining committed value of the term. The fee is calculated as:

remaining months in the term (any partial month rounded up) × your committed seat count × your per-seat rate × 50%.

The calculation uses your committed seat count, not your actual seat count — if you committed to 10 seats and grew to 25, the fee is calculated on 10. The fee is billed as a one-time charge on termination.

This fee does not apply if you cancel during the free trial described in Section 3.5, because the committed term has not begun.

If we suspend or terminate your account for non-payment under Section 3.7, the early termination fee remains contractually owed, but we will not automatically charge your payment method for it. We may pursue the amount separately.

4. AI-Powered Features

4.1 Nature of AI-Generated Content

The Service uses artificial intelligence, including large language models, to generate spoken responses, written text, summaries, recommendations, and other content ("AI Output"). You acknowledge and agree that:

• AI Output may contain errors, inaccuracies, or omissions.
• AI Output does not constitute legal, financial, real estate, or professional advice.
• You are solely responsible for reviewing, verifying, and approving all AI Output before relying on it or sharing it with others.
• AI systems may occasionally produce unexpected, inappropriate, or incorrect responses despite our best efforts.

4.2 AI Acting on Your Behalf

When the Dale AI voice agent makes or receives calls, sends messages, or performs other actions, it does so as your agent and on your behalf. You are responsible for:

• The accuracy of information provided by the AI to your contacts and leads.
• Ensuring that AI-initiated communications comply with applicable laws and regulations.
• Monitoring AI interactions and correcting errors promptly.
• Any commitments, representations, or promises the AI makes to third parties on your behalf.

4.3 AI Limitations

The AI agent is not a substitute for your professional judgment. It cannot practice real estate, provide legal opinions, or make binding contractual commitments. You must not use the AI in any manner that would constitute unauthorized practice of law or violate real estate licensing regulations.

4.4 AI Improvements

We use data generated through the Service — including transcripts, interaction data, and call recordings (when enabled) — to train and improve our AI models. By using the Service, you consent to this use. Training data is de-identified where feasible, and we do not sell or license training data to third parties. See our AI Policy for additional details.

5. Telephone and Messaging Compliance (TCPA)

5.1 Your Obligations Under the TCPA

The Service enables you to make and receive phone calls and send text messages through AI-powered and automated systems. The Telephone Consumer Protection Act ("TCPA"), the Telemarketing Sales Rule ("TSR"), and related federal and state laws impose strict requirements on automated and prerecorded calls and text messages. You acknowledge and agree that:

• You are the "caller" under the TCPA. Dale AI provides the technology platform; you are the party initiating communications to your contacts. You bear primary responsibility for TCPA compliance.
• You must obtain proper consent. Before using the Service to make AI-powered calls or send automated text messages to any person, you must obtain all consents required by the TCPA and applicable state laws, including express written consent for marketing messages and express consent for informational messages.
• You must honor opt-out requests. You must promptly process and honor all do-not-call and opt-out requests, including maintaining an internal do-not-call list. The Service provides tools to help manage opt-outs, but compliance is your responsibility.
• You must comply with calling time restrictions. You must not use the Service to contact individuals outside permitted calling hours under federal and applicable state law.
• You must scrub against the National Do-Not-Call Registry. If you use the Service for telemarketing, you must maintain compliance with the National Do-Not-Call Registry requirements.

5.2 Consent Records

You are responsible for maintaining records of consent for all contacts you communicate with through the Service. We strongly recommend you keep records of how, when, and from whom you obtained consent. The Service may provide features to assist with consent documentation, but maintaining adequate records is your obligation.

5.3 Call Recording Consent

The Service transcribes all calls handled by the AI agent. Transcription is a core part of the Service and cannot be disabled — it is required for CRM processing, call summaries, and follow-up generation. Audio recording is an optional feature that you may enable or disable in your account settings.

If you enable call recording, call recording laws vary significantly by jurisdiction — some states require one-party consent while others require all-party consent. You are solely responsible for complying with all applicable federal and state call recording and wiretapping laws. This includes:

• Knowing the call recording laws in every jurisdiction where you or your contacts are located.
• Obtaining and documenting any required consent before calls are recorded.
• Configuring the Service's recording disclosure settings appropriately for your jurisdiction.
• Providing any required notices or disclosures to call participants.

Dale AI provides configurable disclosure settings that may assist with compliance, but selecting the correct settings is your obligation. Dale AI does not provide legal advice regarding call recording or transcription compliance and makes no representation that any particular configuration satisfies the requirements of your jurisdiction.

5.4 Indemnification for TCPA Violations

You agree to indemnify and hold Dale AI harmless from any claims, damages, fines, penalties, or liabilities arising from your failure to comply with the TCPA, state telemarketing laws, call recording laws, or any other communications regulations applicable to your use of the Service.

6. Real Estate Industry Terms

6.1 No Real Estate Services

Dale AI is a technology provider. We do not provide real estate brokerage services, real estate advice, property valuations, or legal services. We are not a licensed real estate broker, agent, or attorney.

6.2 Licensing Compliance

You represent and warrant that you hold all real estate licenses, permits, and authorizations required by applicable law for your activities. You are solely responsible for ensuring that your use of the Service complies with all applicable real estate regulations, including but not limited to fair housing laws, advertising rules, and disclosure requirements.

6.3 Fair Housing

You must not use the Service in any manner that violates the Fair Housing Act or any state or local fair housing law. This includes using the Service to discriminate against any person based on race, color, religion, sex, familial status, national origin, disability, or any other protected class. You are responsible for ensuring that AI-generated communications do not contain discriminatory content.

6.4 NAR and MLS Compliance

If you are a member of the National Association of Realtors or any multiple listing service, you are responsible for ensuring that your use of the Service complies with all applicable NAR, MLS, and association rules, including rules regarding advertising, solicitation, and data handling.

7. Your Data

7.1 Ownership

You retain all ownership rights in the data you submit to or create through the Service ("Your Data"), including contact information, CRM records, notes, documents, and other content. Dale AI does not claim ownership of Your Data.

7.2 License to Dale AI

You grant Dale AI a limited, non-exclusive, worldwide license to use, store, process, and transmit Your Data solely for the purpose of providing and improving the Service. This license continues for as long as Your Data is stored on our systems.

7.3 Call Transcripts and Recordings

Call transcripts generated by the Service are part of Your Data. If you have enabled call recording, audio recordings are also part of Your Data. You own them, subject to the rights of other parties on the call. You are responsible for complying with all applicable laws regarding the storage, use, and disclosure of call recordings and transcripts.

7.4 Data Portability

You may export Your Data at any time through the Service's export features. How long Your Data remains available for export after your account ends depends on why it ended:

• Suspension for non-payment. Your Data remains available for export throughout the 90-day window described in Section 3.7. If your account is not brought current within that window, Your Data may be permanently deleted.
• Any other termination. We will make Your Data available for export for 30 days after termination.

After the applicable window closes, we will delete Your Data from our active systems. Copies may persist in encrypted backups for a limited period afterward before being permanently removed. Records we are required to retain for legal, tax, or accounting purposes are retained as described in Section 3.7.

7.5 Data Security

We implement commercially reasonable administrative, technical, and physical safeguards to protect Your Data, including encryption in transit and at rest, access controls, and regular security assessments. However, no system is perfectly secure, and we cannot guarantee absolute security.

7.6 Privacy

Our collection, use, and handling of personal information is described in our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

8. Acceptable Use

8.1 Permitted Use

You may use the Service only for lawful real estate business purposes consistent with these Terms. For a complete description of acceptable and prohibited uses, see our Acceptable Use Policy.

8.2 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Send unsolicited bulk communications (spam) through the Service.
• Use the Service to make robocalls or send automated messages without proper consent as required by law.
• Violate fair housing laws or engage in discriminatory practices.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service to develop a competing product or service.
• Use the AI features to generate content that is illegal, harmful, deceptive, or violates the rights of others.

8.3 Enforcement

We reserve the right to investigate and take appropriate action against violations of this section, including suspending or terminating your account and reporting violations to law enforcement.

9. Intellectual Property

9.1 Dale AI's IP

The Service, including its software, design, features, documentation, AI models, and all related intellectual property, is and remains the exclusive property of Dale AI and its licensors. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it as described here.

9.2 Trademarks

"Dale AI," the Dale AI logo, and other Dale AI marks are trademarks of Dale AI, Inc. You may not use our trademarks without our prior written consent.

9.3 Feedback

If you provide us with suggestions, ideas, enhancement requests, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that Feedback into the Service without obligation to you.

10. Third-Party Services

10.1 Integrations

The Service may integrate with or link to third-party services, including telephony providers, email services, calendar platforms, and mapping services. Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

10.2 Phone Numbers

Phone numbers provisioned through the Service are provided by third-party carriers and are subject to their terms. We do not guarantee the availability of specific phone numbers or area codes. Phone number porting is subject to carrier policies and may take time to complete.

11. Termination

11.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support@dale.app. Cancellation takes effect at the end of your current billing period. If your subscription is subject to a committed term, cancellation is not self-serve and an early termination fee applies — see Sections 3.9 and 3.10.

11.2 Termination by Dale AI

We may suspend or terminate your access to the Service at any time if:

• You breach these Terms.
• You fail to pay fees when due, as described in Section 3.7.
• We are required to do so by law.
• We reasonably believe your use of the Service poses a risk to the Service, other users, or third parties.
• Your account has been inactive for 12 consecutive months.

We will make reasonable efforts to provide notice before termination except where we believe immediate action is necessary to prevent harm.

11.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately (or at the end of your billing period for voluntary cancellation).
• We will make Your Data available for export for the period described in Section 7.4 — 30 days on ordinary termination, or 90 days following suspension for non-payment.
• Any outstanding fees become immediately due and payable, including any early termination fee owed under Section 3.10.
• Provisions of these Terms that by their nature should survive termination will survive, including Sections 3.10, 5.4, 7, 9, 12, 13, 14, and 15.

12. Disclaimers

12.1 "As Is" Service

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

12.2 No Guarantee of Results

We do not guarantee that the Service will generate leads, close transactions, or produce any particular business outcome. The effectiveness of the Service depends on many factors outside our control, including market conditions, your use of the Service, and the quality of your data.

12.3 AI Disclaimer

WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR FIT FOR ANY PARTICULAR PURPOSE. AI OUTPUTS MAY CONTAIN ERRORS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF AND RELIANCE ON AI-GENERATED CONTENT.

12.4 Availability

We strive for high availability but do not guarantee uninterrupted access to the Service. The Service may be unavailable due to maintenance, updates, or factors beyond our control.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DALE AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF DALE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DALE AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO DALE AI IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13.3 Exceptions

The limitations in this Section 13 do not apply to (a) your indemnification obligations under Section 5.4, (b) either party's liability for fraud or willful misconduct, or (c) any liability that cannot be limited under applicable law.

13.4 Basis of the Bargain

You acknowledge that Dale AI has set its fees and entered into these Terms in reliance upon the disclaimers and limitations of liability in these Terms, and that these provisions form an essential basis of the bargain between you and Dale AI.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@dale.app and attempt to resolve the dispute informally for at least 30 days.

14.2 Arbitration

If we cannot resolve a dispute informally, you and Dale AI agree to resolve any claims relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in English and will take place in Wilmington, Delaware, or remotely at your election.

14.3 Class Action Waiver

YOU AND DALE AI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Exceptions to Arbitration

Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14.5 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.

15. Indemnification

You agree to indemnify, defend, and hold harmless Dale AI, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation, including TCPA, fair housing laws, and real estate regulations.
• Your violation of any third party's rights.
• Any content you submit to or transmit through the Service.
• Any communications sent through the Service on your behalf.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Post the revised Terms on our website with an updated "Last updated" date.
• Notify you by email or through the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, AI Policy, and Acceptable Use Policy, constitute the entire agreement between you and Dale AI regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.

17.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Dale AI may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.

17.5 Force Majeure

Dale AI is not liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

17.6 Notices

Notices to you will be sent to the email address associated with your account. Notices to Dale AI should be sent to legal@dale.app.

17.7 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Dale AI. You and Dale AI are independent parties.

18. Contact Us

If you have questions about these Terms, please contact us:

• Email: legal@dale.app
• Support: support@dale.app
• Website: dale.app

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