Sundial Terms of Service
Sundial Terms of Service
Last Updated: December 17, 2025
Welcome to Sundial. These Terms of Service ("Terms") govern your access to and use of the Sundial platform and related services (collectively, the "Service") provided by Oxhead X, LLC ("Sundial," "we," "us," or "our").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
1.1 Description. Sundial is a customer relationship management platform that enables you to manage contacts, make and receive telephone calls using AI-powered voice technology, record and transcribe calls, and analyze call performance through coaching features.
1.2 Modifications. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes that negatively affect your use of the Service. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
1.3 Service Levels. We will use commercially reasonable efforts to maintain the availability of the Service. Specific service level commitments, if any, are set forth in your Order Form or subscription agreement. The Service may be temporarily unavailable for scheduled maintenance, which we will endeavor to conduct during off-peak hours.
2.1 Account Creation. To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information to keep it accurate, current, and complete.
2.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
2.3 Team Accounts. If you create a team or organization account, you may invite other users ("Team Members") to access the Service under your account. You are responsible for the actions of your Team Members and for ensuring they comply with these Terms. You may designate certain Team Members as administrators with the ability to manage other users and access settings.
2.4 Age Requirement. The Service is intended for users who are at least 18 years old. By using the Service, you represent that you are at least 18 years of age.
3.1 Ownership. As between you and Sundial, you retain all right, title, and interest in and to the data you submit to the Service, including contact information, call recordings, transcriptions, notes, and any other content (collectively, "Your Data"). These Terms do not grant us any ownership rights to Your Data.
3.2 License to Your Data. You grant us a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display Your Data solely to the extent necessary to provide the Service to you, comply with our legal obligations, and enforce these Terms. This license continues until Your Data is deleted from our systems.
3.3 Aggregated Data. We may collect and use aggregated, anonymized, or de-identified data derived from your use of the Service for purposes such as improving the Service, generating benchmarks, and conducting research. Such data will not identify you or any individual.
3.4 Data Portability. You may export Your Data from the Service at any time using the export features provided in the Service or by contacting us. We will provide Your Data in a commonly used, machine-readable format.
3.5 Data Deletion. Upon termination of your account, we will delete Your Data within thirty (30) days, except as required to comply with legal obligations, resolve disputes, or enforce our agreements. You may request earlier deletion by contacting us.
4.1 Recording Features. The Service includes features that allow you to record telephone calls. You acknowledge that the recording of telephone calls is subject to various federal, state, and international laws regarding consent and notification.
4.2 Your Responsibility for Consent. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS REGARDING CALL RECORDING, INCLUDING OBTAINING ANY REQUIRED CONSENT FROM CALL PARTICIPANTS BEFORE RECORDING. Some jurisdictions require consent from all parties to a call ("two-party consent" or "all-party consent"), while others require consent from only one party. You must determine the applicable laws for your jurisdiction and the jurisdictions of the individuals you contact, and comply with the most restrictive requirements.
4.3 Disclosure Features. The Service may provide features to help you disclose that calls are being recorded, such as automated announcements at the beginning of calls. You are responsible for configuring and using these features appropriately. The availability of such features does not relieve you of your obligation to comply with applicable laws.
4.4 Prohibited Recording. You agree not to use the Service to record calls in violation of applicable law or without proper consent. We reserve the right to suspend or terminate your account if we have reason to believe you are using the recording features unlawfully.
5.1 Call Coaching Features. The Service includes optional call coaching features that analyze voice characteristics and patterns to provide performance insights and feedback. These features may process biometric data as defined under certain state laws, including the Illinois Biometric Information Privacy Act (BIPA).
5.2 Your Responsibility for Biometric Consent. IF YOU ENABLE CALL COACHING FEATURES, YOU ARE SOLELY RESPONSIBLE FOR PROVIDING REQUIRED NOTICES AND OBTAINING REQUIRED CONSENTS FROM INDIVIDUALS WHOSE VOICE DATA WILL BE ANALYZED. This includes providing written notice of the specific purpose and duration of biometric data collection and obtaining written consent (or informed opt-in consent where permitted) before such data is collected.
5.3 Our Use of Biometric Data. We will use biometric data processed through call coaching features solely to provide the coaching analytics you have requested. We will not sell, lease, trade, or otherwise profit from biometric data, and we will not disclose it to third parties except as necessary to provide the Service or as required by law.
5.4 Retention. Biometric data will be retained for no longer than twelve (12) months or until the purpose for collection has been satisfied, whichever occurs first, unless a longer retention period is required by law. You may request earlier deletion at any time.
6.1 Permitted Use. You may use the Service only for lawful business purposes in accordance with these Terms.
6.2 Prohibited Conduct. You agree not to:
(a) Use the Service to violate any applicable law, regulation, or third-party rights, including laws regarding telemarketing, Do Not Call lists, call recording consent, privacy, and data protection;
(b) Use the Service to make harassing, threatening, abusive, or fraudulent communications;
(c) Use the Service to transmit malware, spam, or other harmful content;
(d) Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service;
(e) Interfere with or disrupt the integrity or performance of the Service;
(f) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service;
(g) Use the Service to develop a competing product or service;
(h) Remove, alter, or obscure any proprietary notices on the Service;
(i) Use automated means (including bots, scrapers, or crawlers) to access the Service except through APIs we provide;
(j) Resell, sublicense, or share access to the Service with third parties except as expressly permitted.
6.3 Enforcement. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.
7.1 TCPA Compliance. If you use the Service to make calls or send messages to individuals in the United States, you are responsible for complying with the Telephone Consumer Protection Act (TCPA) and its implementing regulations, including requirements for prior express consent, identification, and honoring opt-out requests.
7.2 Do Not Call. You are responsible for maintaining internal Do Not Call lists and scrubbing your contact lists against the National Do Not Call Registry and applicable state Do Not Call lists as required by law.
7.3 Caller ID. You agree not to use the Service to transmit misleading or inaccurate caller ID information in violation of the Truth in Caller ID Act or similar laws.
7.4 International Compliance. If you use the Service to contact individuals outside the United States, you are responsible for complying with applicable telecommunications, privacy, and marketing laws in those jurisdictions.
8.1 Available Integrations. The Service may integrate with third-party services, such as Google Contacts, calendar applications, and other business tools. Your use of such integrations is subject to the terms and privacy policies of those third-party services.
8.2 Authorization. By connecting a third-party service to the Service, you authorize us to access and use information from that service as necessary to provide the integration functionality. You may disconnect integrations at any time through your account settings.
8.3 No Endorsement. The availability of third-party integrations does not constitute an endorsement of those services. We are not responsible for the availability, accuracy, or content of third-party services, or for any loss or damage arising from your use of them.
9.1 Subscription Fees. Access to the Service requires payment of subscription fees as set forth on our pricing page or in your Order Form. All fees are quoted and payable in U.S. dollars unless otherwise specified.
9.2 Usage-Based Fees. Certain features, such as voice AI minutes and call coaching, may be subject to usage-based fees in addition to your subscription. Current usage rates are available on our pricing page. We will notify you if you approach or exceed usage limits included in your plan.
9.3 Payment Terms. Subscription fees are billed in advance on a monthly or annual basis, as selected during signup. Usage-based features require the purchase of prepaid credit packs, which may be subject to expiration as specified at the time of purchase. Payment is due upon receipt of invoice or will be automatically charged to your payment method on file.
9.4 Automatic Renewal. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Annual subscriptions must be cancelled at least thirty (30) days before the renewal date to avoid being charged for the next period.
9.5 Price Changes. We may change our fees at any time. For existing customers, fee changes will take effect at the start of your next billing period following at least thirty (30) days' notice. Your continued use of the Service after a fee change constitutes acceptance of the new fees.
9.6 Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, and we will charge tax where required by law. If you are exempt from tax, you must provide us with a valid exemption certificate.
9.7 Late Payment. If payment is not received when due, we may charge interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower) on the outstanding balance. We may also suspend your access to the Service until all outstanding amounts are paid.
9.8 Refunds. Fees are non-refundable except as expressly set forth in these Terms or required by law. If we terminate your account for reasons other than your breach of these Terms, we will provide a pro-rata refund of prepaid fees for the unused portion of your subscription.
10.1 Our Intellectual Property. The Service, including all software, algorithms, user interfaces, graphics, trademarks, and content provided by us (excluding Your Data), is owned by Sundial or our licensors and is protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license to use the Service as set forth herein.
10.2 License to Use. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.
10.3 Feedback. If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback for any purpose without obligation to you.
10.4 Trademarks. "Sundial," our logo, and other marks used in connection with the Service are our trademarks. You may not use our trademarks without our prior written consent.
11.1 Confidential Information. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Your Data is your Confidential Information. Our pricing, product roadmap, and technical documentation are our Confidential Information.
11.2 Obligations. Each party agrees to: (a) protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information (but not less than reasonable care); (b) not disclose Confidential Information to third parties except as permitted herein; and (c) use Confidential Information only as necessary to exercise rights or perform obligations under these Terms.
11.3 Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party before disclosure; (c) is rightfully obtained from a third party without restriction; or (d) is independently developed without use of the disclosing party's Confidential Information.
12.1 Term. These Terms are effective when you first access the Service and continue until terminated.
12.2 Termination by You. You may terminate your account at any time by using the cancellation feature in your account settings or by contacting us. Termination will be effective at the end of your current billing period, and you will not receive a refund for any prepaid fees unless otherwise required by law.
12.3 Termination by Us. We may terminate or suspend your account immediately and without notice if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) we are required to do so by law; or (d) we reasonably believe your use of the Service poses a security risk or may cause harm to us, other users, or third parties. We may also terminate your account for convenience upon thirty (30) days' written notice.
12.4 Effect of Termination. Upon termination: (a) your right to access and use the Service immediately ceases; (b) you remain liable for all fees incurred before termination; (c) we will delete Your Data in accordance with Section 3.5 and our Privacy Policy; and (d) Sections 3.1, 3.3, 10, 11, 13, 14, 15, and 16 will survive termination.
13.1 "AS IS" BASIS. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2 No Guarantee. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from use of the Service will be accurate or reliable.
13.3 AI Limitations. The Service uses artificial intelligence and machine learning technologies. AI-generated content, including transcriptions, summaries, and coaching insights, may contain errors or inaccuracies. You are responsible for reviewing and verifying AI-generated content before relying on it.
13.4 No Legal Advice. Nothing in the Service constitutes legal advice. You are responsible for ensuring your use of the Service complies with applicable laws, and you should consult with qualified legal counsel regarding your compliance obligations.
14.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUNDIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
14.3 Exceptions. The limitations in this Section 14 do not apply to: (a) your breach of Section 6 (Acceptable Use); (b) your indemnification obligations under Section 15; (c) either party's infringement of the other's intellectual property rights; or (d) liability that cannot be limited by law.
14.4 Basis of Bargain. The limitations and exclusions in this Section 14 reflect a reasonable allocation of risk between the parties and are a fundamental basis of the bargain between us. The Service would not be provided without these limitations.
15.1 Your Indemnification. You agree to indemnify, defend, and hold harmless Sundial and its affiliates, 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: (a) your use of the Service; (b) Your Data; (c) your violation of these Terms; (d) your violation of any applicable law, including call recording, telemarketing, and biometric privacy laws; or (e) your violation of any third-party rights.
15.2 Procedure. We will provide you with prompt notice of any claim subject to indemnification (to the extent permitted by law) and will allow you to control the defense and settlement of the claim, provided that you may not settle any claim in a manner that admits fault on our behalf or imposes obligations on us without our prior written consent. We may participate in the defense at our own expense.
16.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@sundial.click to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations for at least thirty (30) days.
16.2 Arbitration. If we cannot resolve a dispute informally, you and Sundial agree to resolve any dispute arising out of or relating to these Terms or the Service through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in English by a single arbitrator in [City, State]. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
16.3 Class Action Waiver. YOU AND SUNDIAL AGREE THAT EACH 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, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
16.4 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information. Claims for injunctive relief do not require prior informal dispute resolution.
16.5 Opt-Out. You may opt out of arbitration by sending written notice to legal@sundial.click within thirty (30) days of first accepting these Terms. If you opt out, disputes will be resolved in the courts specified in Section 17.2.
17.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
17.2 Jurisdiction. Subject to Section 16, any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.
17.3 Entire Agreement. These Terms, together with our Privacy Policy, any Order Form, and any other documents incorporated by reference, constitute the entire agreement between you and Sundial regarding the Service and supersede all prior agreements and understandings.
17.4 Modifications. We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be effective thirty (30) days after posting (or such later date as specified in the notice). Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
17.5 Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
17.6 Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
17.7 Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms bind and inure to the benefit of the parties and their respective successors and permitted assigns.
17.8 Notices. Notices to you may be sent to the email address associated with your account. Notices to us must be sent to legal@sundial.click or by mail to Oxhead X, LLC, 110 E Broward Blvd Ste 1700, Ft. Lauderdale, FL 33301. Notices are effective upon receipt.
17.9 Force Majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, or failures of third-party telecommunications or power supply.
17.10 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
17.11 Export Compliance. You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. trade sanctions.
17.12 Government Users. If you are a U.S. government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in applicable federal regulations, and your rights are limited to those granted to other customers under these Terms.
If you have questions about these Terms, please contact us at:
Email: legal@sundial.click
Website: www.sundial.click