Terms and Conditions of Service

Effective Date: 02/28/2025

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BY ACCESSING OR USING ANY PART OF THE ARMORDIAL WEBSITE OR SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE OR OUR SERVICES. YOU MAY ALSO BE ASKED TO RE-ACCEPT OUR THEN-CURRENT TERMS EVERY TIME YOU MAKE ANY USE OF ANY SERVICE PROVIDED BY US. REGARDLESS, YOU ARE BOUND BY THIS AGREEMENT IF YOU PROCEED TO USE THE ARMORDIAL SITE OR SYSTEM IN ANY WAY.

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Any questions concerning this agreement should be referred to PhoneBurner at armorenterprise@phoneburner.com. We are happy to negotiate alternative terms so long as that takes place before Your use of Our services.

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1. Agreement

This Terms and Conditions of Service agreement (“TOS” or “Agreement”) is a legally binding agreement made by and between PhoneBurner. (“PhoneBurner”, “We” or “Us”) and You personally and, if You use the services for business, Your business entity (collectively, “Client” or “You”). These TOS govern Your use of ARMORDial.com and all related Web pages, portals and interfaces (collectively, the “Site”) and the services We offer on or through the Site, so please read it carefully.

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2. Limited License Granted

Upon payment of all required fees, and so long as You continue in compliance with this TOS and with the law, You will be granted a limited, revocable, non-exclusive license to access the ARMORDial service (“System” or “Services”) through the Site until this Agreement is terminated.

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3. Privacy

Your visit to Our Site and use of Your personal information is also governed by Our Privacy Policy, which is updated at least annually. Please review PhoneBurner’s Privacy Policy at https://www.armordial.com/privacy. PhoneBurner will not sell Your information. We reserve the right, and You authorize Us, to use and assign all information regarding Your use of the Site and all information provided by and/or created by You and/or collected by the Site in any manner consistent with Our Privacy Policy. We may use Your information and information collected by the Site, including but not limited to technical or diagnostic information and Your suggestions or feedback, in order to provide the Services to You, maintain, improve, and enhance the System, respond to legal requests for information about potentially wrongful use of the System, and to monitor the System for wrongful use. We have no control over, and are not responsible for, the privacy of any content that You have shared with others, so always use caution when providing any personally identifiable information. To the extent allowed by law, You agree to be solely liable for any consequences arising from Your voluntary disclosure of personal information.

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4. Proprietary Rights and Ownership

The System is owned, trademarked and copyrighted by PhoneBurner, and is protected by United States copyright, trademark and other state, federal, and international intellectual property laws. Through use of the System, You may have access to information, communications, software, photos, text, video, graphics, music, sound, images, and other materials owned, trademarked or copyrighted by PhoneBurner ("Content") or its licensors. You do not have any ownership interest in the Content, the System, or improvements and modifications to the System. Nothing in this Agreement shall be construed to transfer any of the Site's proprietary or intellectual property rights to You. You may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the System and/or any other aspect of PhoneBurner's technology.

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5. Confidential Information

You agree to keep confidential and safeguard, using commercially reasonable means, all PhoneBurner and ARMOR® information You may view or obtain through Your use of the Site or System.

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6. Registration

To use the System, You must create Your own account by providing the Site with current, complete, and accurate information as prompted by the registration process. You are responsible for updating such registration data as necessary. You shall not knowingly provide inaccurate information with the intent to create a false identity or mislead PhoneBurner regarding Your intended use of the System. PhoneBurner is committed to knowing who its customers are and We reserve the right to request additional, follow-up information as part of Your registration process and/or in order to provide You with Services, even if such questions are not listed on the Site. We may deny, suspend, or terminate Your registration or access should information You provide become suspect.
Upon registration, We will create an account for You. You may be asked to select a password and/or may be required to verify account access using your email. You must keep Your password confidential. You will be responsible for all use of Your account, including, without limitation, any use by any unauthorized third party. You must notify Us immediately if You believe Your account may be used by any unauthorized person or entity. For security purposes, We recommend You change Your password often. Under no circumstance should You respond to a request for Your password. Our employees will never ask for Your password in any manner via any means of communication. You must notify Us immediately if You receive such a request.
You agree not to provide false or misleading information to the Site. Once You have created an account and registered to use the System, You are responsible for providing Us with updated information on an ongoing basis. It is particularly important to keep the email address associated with Your account current.
You agree that the Site may rely on any data, notice, instruction or request furnished to the Site by You, which is reasonably believed by the Site to be genuine and to have been sent or presented by a person reasonably believed by the Site to be authorized to act on Your behalf.
You shall notify the Site immediately at armorenterprise@phoneburner.com of any known or suspected unauthorized uses of Your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of Your password or email. The Site shall not be liable for any loss that You may incur as a result of a third party using Your password or account, either with or without Your knowledge. You may be held liable for losses incurred by the Site and/or another party due to a third party using Your account or password.
Any fraudulent, abusive, or otherwise illegal activity shall be grounds for denial, suspension, or termination of Your registration and/or access to the System and, if appropriate, referral to relevant law enforcement agencies.
You acknowledge and agree that You will promptly notify Us if You are aware of any person who, in Your good faith opinion, is or is intending to take unfair advantage of the System provided by the Site.
We reserve the right to use any contact information provided by You to communicate with You for the purposes of informing You of applicable offers, changes or additions to the System or Site. We may use manual or automated calls and texts, along with emails and print mail to contact You for the above purposes. No agreement to receive Our marketing is required to make a purchase and You can opt-out of receiving marketing communications at any time by contacting Our support team at armorenterpise@phoneburner.com.
Our use of any information provided by You, including, but not limited to registration data and/or payment information, is more fully set forth in Our privacy policy referenced above.
PhoneBurner is committed to knowing who its customers are and understanding how they use the System. We reserve the right to audit information You provide and Your use of the System. We may deny, suspend, or terminate Your registration or access to the System and/or any Services should information You provide become suspect.
We reserve the right to use any information provided by You, including information about Your business and Your use of Our service, to deliver services and benefits to you in accordance with our Privacy Policy.

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7. Compliance and Acceptable Use

You are required to use the Site and Services in full compliance with all applicable laws and regulations as well as this TOS. PhoneBurner retains the right, at its sole discretion, to determine whether Your conduct and use of the Site is consistent with the letter and spirit of this TOS and may deny, suspend, or terminate Your registration and/or access to the Site and/or the use of any Services if Your conduct is found to be inconsistent with the same.
By making use of the Services and/or Site, You expressly warrant and represent to PhoneBurner that you own and have the authority to use the phone number provided for testing purposes, that you will not seek to test any number that you do not own, and that you are not using this Service for any purpose other than to determine the status of a number you own. You further expressly warrant and represent that Your use of the Service is in full compliance with all applicable state, federal, and local laws and regulations.
PhoneBurner reserves the right, at its sole discretion, to monitor Your use of the Site to determine if the Site is being used in violation of the TOS. If PhoneBurner determines, in its sole discretion, that You are in violation of the TOS, PhoneBurner may immediately suspend or terminate permission for You to use the Site, any Services, and/or any portion of the Site. PhoneBurner may bring legal action to enjoin violations and/or collect damages caused by any violation of any part of the TOS. Any violations or attempted or alleged violations of the TOS by You will constitute a violation of the TOS by You and will be deemed a material breach of this Agreement.
If Your usage exceeds reasonable and ordinary usage patterns, We reserve the right at any time to deny, suspend, or terminate service to You in Our sole discretion.
Any failure or perceived failure by PhoneBurner to enforce this policy does not amount to a waiver of PhoneBurner’s rights and remedies.

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8. Payments

We reserve the right at any time to charge fees for access to the Site or the System as a whole or in part. In the event that We so elect, a notice shall be posted at an appropriate location on the Website. Client has no obligation to continue using the System in such case.
If You order or purchase any type of fee-based account or additional fee-based service from the Site, You authorize the Site to utilize its merchant account provider to charge Your account provided during the purchase/enrollment process. You authorize the Site to charge Your account a fee for any features and service You have enabled, including but not limited ARMOR®. Fees are non-refundable, even in the event of a termination, except in the sole discretion of PhoneBurner.
It is Your responsibility to keep Your payment information accurate and current with the Site. If a payment cannot be processed, You will not be able to access Your account or Our Service until You have paid all outstanding amounts. Failure to rectify the situation within a reasonable amount of time will lead to cancellation of the account as described below. Past due amounts remain due after cancellation and must be paid in full before You can reactivate Your account or register for a new account.
If You contact the Site directly with a specific request for cancellation and refund, including substantial justification for the refund, the Site, in its discretion, may issue a refund. No refunds are allowed for any signup fee, including the shipment of physical goods. Should the Site, in its discretion, make a refund outside of these conditions, the refund will not include a refund for the cost of physical goods delivered.
Pricing as posted is based on reasonable and ordinary usage as determined by the Site. If Your usage exceeds reasonable and ordinary usage patterns or violates this TOS, We reserve the right at any time to charge You an additional surcharge and/or to modify Your pricing for access to the Site or the System as a whole or in part. In the event that We so elect, We will notify You of the surcharge and/or modified pricing.
All system pricing advertised or otherwise listed on the Site is exclusive of applicable taxes, levies, duties, or other similar amounts imposed by a legal, governmental, or regulatory authority in any applicable jurisdiction, which may include by example only sales, use, value-added, consumption, and/or communications taxes (collectively, “Taxes”). You agree to pay and are solely responsible for all such Taxes and/or similar liabilities, however denominated, that may now or hereafter be levied on Your use of the System, and which are chargeable to or recoverable from customers. Taxes may vary based on jurisdiction and the monthly subscription rate. You will have no liability for any taxes based upon Our gross revenue or net income. Should the Site pay or be required to pay Taxes (including any Taxes that were due but not charged or previously collected), You agree that the Site may invoice You or charge Your credit card on file for such payments upon receipt of an invoice and showing of indebtedness to the Site.
If You are exempt from paying certain Taxes, You will provide the necessary exemption information as requested by Us or a valid exemption certificate issued by the appropriate authority. You will be exempt on a going-forward basis once We approve Your exemption request. If the appropriate authority determines, at any time, that You are not exempt from paying any Taxes, You will promptly pay such Taxes to us, plus any applicable interest or penalties.

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9. User Content and Information

You represent to Us that any and all email addresses and phone numbers that You upload into the system are owned by You or provided to You with the express authority of the owners, and do not infringe upon any other individual’s or organization’s rights (including, without limitation, copyright, trademark or intellectual property rights).
Although the Site provides industry standard encryption to protect certain personal information which is transmitted, You understand that Your uploads and transmissions may be intercepted and used, and that all the risk associated therewith is solely Yours.
As set forth in Our Privacy Policy, We reserve the right to disclose aggregated and de-identified information about sales and usage generated by the System in forms that do not reveal Your personal identity. This may include but is not limited to aggregated information about calling activity, answer rates, answered call durations, and call outcomes.
You agree that as part of Our Services We may share information about You to the extent required by Our relevant third-party providers at the time. Regardless of which of Our Services You utilize, You authorize Us to share Your registration information with the then current “free call registry” and similar registries or carriers for reputation management purposes, if We elect to do so.
By electing to use this Service, You agree that PhoneBurner may use any information provided by You and/or received from a third party, including but not limited to a carrier and/or their anti-spam analytics companies to deliver the Service.
Our ability to deliver the ARMOR® Service for enrolled numbers to You is dependent on third-party decisions as well as contextual information about phone calls, why phone calls are wanted, and information about You. You agree that Company cannot guarantee results.
You agree that, if you plan to make calls to Canada or Puerto Rico, You must tell our representative so we can take steps to specially register your numbers outside the U.S. industry.
You hereby appoint and authorize Us and our Service Providers to perform such services, and for and on behalf of You, including but not limited to (i) obtaining CPNI information regarding the services provided to You; (ii) providing the customer name to be shown in Caller ID field; (iii) registering/re-registering the customer CNAM; (iv) requesting any telecommunications company to update, revise and/or correct improper name(s) and/or any negative association or “spam” references in the Caller ID field and to unblock calls made from Your telephone number not be blocked; (v) masking Your telephone numbers to simulate Your outbound calls (Your number(s) will never be used by Company to make person-to-person calls); and/or (vi) performing any other services necessary to provide the ARMOR® services. This designation and appointment, along with the rights provided herein, shall continue until withdrawn by written notice to armorenterprise@phoneburner.com or cancellation of the service.
Our ability to deliver the ARMOR® Service is dependent on Your timely, complete, and accurate submission of and updates to PhoneBurner’s ARMOR® Business Verification Form as well as any Enhanced Business Verification questions Company may ask You. You agree to providing complete and accurate details, and to updating any changes within five (5) business days of any such change, for Business Verification and Enhanced Business Verification. You agree to provide all such necessary information.

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10. Service Level Agreement

PhoneBurner and its licensors shall use commercially reasonable efforts to ensure the availability of the System and its features to You. Notwithstanding the foregoing, PhoneBurner does not guarantee any uptime, availability, performance, or integrity of the System unless You have an account that also includes a written Service Level Agreement (“SLA”). PhoneBurner shall not be liable to You for the unavailability of the System or the failure of the System to perform in accordance with its specifications, including, without limitation, unavailability of testers in certain markets. Nor shall PhoneBurner be liable to You for any unavailability or lack of carrier reliability, including without limitation, reliability or consistency in how Your numbers are labeled by the carriers.

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PhoneBurner is not required, regardless of Your account level, to provide any prior notice of planned or unplanned downtime.

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11. Idea Submissions

We welcome specific comments regarding the System. If You send Us creative suggestions, ideas, notes, drawings, concepts or other information (collectively “Information”), the Information shall be deemed, and shall remain, the property of the Site. None of the Information shall be subject to any obligation of confidentiality on the part of the Site and the Site shall not be liable or owe any compensation for any use or disclosure of the Information.

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12. Trademarks

PhoneBurner®, ARMOR®, others are either trademarks or registered trademarks of PhoneBurner. Other product and company names mentioned on this Site may be trademarks of their respective owners.

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13. No Legal, Financial or Tax Advice Provided

No financial, legal, or tax advice or counsel is given, or shall be deemed to have been given by PhoneBurner or its affiliates and contractors, or by the System or Services.

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14. Indemnification

Client shall assume, pay, indemnify, hold harmless and reimburse PhoneBurner and its owners, employees, agents, affiliates, contractors, successors and assigns for any and all liabilities, damages, claims, suits, settlements, judgments, investigations, including but not limited to inquiries from the Industry Traceback Group (“ITG”) or other governmental entities, subpoenas, civil investigative demands, costs, and expenses (including reasonable attorney’s fees and court costs) directly or indirectly incurred by PhoneBurner to the extent the same are related in any way to this Agreement or to Client’s use of the System or Services. Upon receipt of any demand or claim by PhoneBurner related to Client, PhoneBurner may elect to turn the defense and resolution of such claim over to Client, who shall then bear all costs and expenses and shall promptly investigate and settle or otherwise resolve any such claim to PhoneBurner’s full satisfaction. Alternatively, PhoneBurner may elect to defend any such claim on its own and then to obtain reimbursement from Client on an ongoing basis or at the conclusion of the matter. In either case, PhoneBurner and Client shall cooperate and share necessary information in any such defense. Client agrees that PhoneBurner may provide certain information about Client if PhoneBurner receives a subpoena or similar investigative demand from a court or regulator with competent jurisdiction, including, without limitation, the ITG. Client agrees to cooperate and assist in PhoneBurner’s response in the event PhoneBurner requests the same.

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15. Limitation of Liability; No Warranty; Limitation of Damages

Except for the indemnification obligations set forth above, neither party shall be liable for any consequential, incidental, special or indirect damages (including, but not limited to, loss of profits, goodwill, use, data, or other intangible items) even if the other party has been advised of the possibility of such damages or losses. PhoneBurner is not responsible for any failure of a third-party provider to deliver its data accurately, completely or in a timely way, PhoneBurner is not responsible for damages resulting from improper or incomplete use by Client of the Services. With respect to any other damages, PhoneBurner’s liability hereunder shall in no event exceed an amount equal to the amount actually paid by You to PhoneBurner in the month prior to a claim being made, regardless of the basis for the claim. Client understands that this is a significant limitation on Client right to sue PhoneBurner and Client should not proceed if Client does not agree. PhoneBurner shall not be bound by any typographical or other error or misprint in its marketing materials or online purchase Websites, so long as PhoneBurner provides prompt notice of any such error and corrects the same, upon discovery. Except as otherwise provided herein, THE SYSTEM AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PHONEBURNER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM OR SERVICES, EVEN IF PHONEBURNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Any content downloaded or otherwise obtained through the use of any third-party services is downloaded at Your own risk and You shall be solely responsible for any damage to Your computer system or mobile device or loss of date that results from such download or Your use of the third-party service.

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PhoneBurner and its licensors do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party, including licensors, or any hyperlinked website or service, and PhoneBurner and its licensors shall not be a party to or in any way monitor any transaction between You and any third-party providers of products or services.

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16. Copyrights and Copyright Agent

If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to Our Copyright Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent is designated to receive notice of claims of copyright infringement on the Site is PhoneBurner, and can be reached as follows:

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PhoneBurner, Inc.
1968 S. Coast Hwy, Suite 1800
Laguna Beach, CA 92651
(877) 794-9123
armorenterprise@phoneburner.com

www.armordial.com

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17. Applicable Law & Venue for Disputes

You agree that the laws of the State of California, without regard to conflicts of law provisions, will govern this Agreement, Your use of the System and any dispute that may arise between You and Us. Any future legal proceeding between the parties shall be brought and heard only in the State and Federal courts of California and You hereby irrevocably consent to the jurisdiction of the same.

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18. Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

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19. Term and Termination

This Agreement shall become effective on the date it is agreed upon by both parties. The initial term of this agreement shall be until all requested services are performed or such other term as is agreed upon by the parties in writing. This Agreement may be terminated by either party at any time, for any reason or no reason, on notice to the other or by Client’s ceasing payment of fees. If PhoneBurner determines, in its sole discretion, that Client has or may have breached this Agreement in any way or violated the law with regard to its use of the System or Services, PhoneBurner may immediately suspend or terminate this Agreement.

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20. Survival

Any provision of this Agreement, which by its nature, would naturally survive the termination of this Agreement, shall expressly survive any termination, including without limitation, those provisions related to indemnity, compliance with law, intellectual property, non-circumvention and notices.

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21. Modifications

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THE SITE OR SERVICES CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.

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22. Contact Information

HOW TO CONTACT US:

PhoneBurner, Inc.

1968 S. Coast Hwy, Suite 1800

Laguna Beach, CA 92651

(877) 794-9123

armorenterprise@phoneburner.com