Terms of Service
Agreement to Our Terms
These Terms of Service (the “Terms”) are a binding agreement between Silly Dilly LLC, a New York limited liability company operating as DillyDilly, together with its owners, officers, employees, and contractors (“DillyDilly,” “we,” “us,” or “our”), and the individual or business purchasing our services (“Client,” “you,” or “your”).
Here’s the deal: by checking the “I agree” box, completing checkout, subscribing, submitting payment, or otherwise using our Services, you confirm that you’ve read and agree to these Terms in full. All use of our Services constitutes acceptance without limitation or qualification. If you don’t agree, stop here and don’t use the Services.
Who Can Use the Services
The Services are for adults (18+) acting on behalf of a legitimate business. By agreeing to these Terms, you represent that you are at least 18 and authorized to bind the Client you represent. If that’s not you, it’s a no-go.
Updating These Terms
We’ll tweak these Terms from time to time. When we do, we’ll update the “Last Updated” date, but we won’t spam you over every small change — it’s on you to stay current. If you keep using our Services, that means you agree to the changes.
The Services
DillyDilly provides outsourced customer service and virtual call-center staffing for trades and service businesses. Depending on the package you choose at checkout, that may include inbound and outbound calling, message handling, appointment scheduling, dispatching, call scripting, reporting, and related support (collectively, the “Services”).
The specific features, coverage hours, staffing levels, and pricing that apply to you are set by the package you buy. We may add, change, or retire features over time and will make reasonable efforts to flag material changes.
Billing & Subscriptions
We keep it simple:
- Pre-billed. All Services are billed in advance. If we’re not paid, we don’t perform — there are no net-30 or net-60 terms. This keeps us lean and efficient.
- Payments. Transactions are processed through Stripe and may be subject to a card processing fee. ACH is available as a fee-free option if arranged in advance.
- Subscriptions. Your plan renews automatically each billing cycle by default. You authorize us and our payment processor to charge your payment method on a recurring basis until you cancel.
- Cancel anytime. You can cancel through your account or billing portal at any time. Cancellation takes effect at the end of your current billing cycle — and there are no refunds or proration for the current cycle.
If we change prices, we’ll give you a heads-up as required by law. Continuing to use the Services after a change means you accept the new rates.
Setup Fee (Non-Refundable)
Some packages include a one-time setup or onboarding fee. That fee is fully earned the moment onboarding begins and is strictly non-refundable — in whole or in part — even if you later cancel or downgrade. It pays for account setup, script development, training, systems integration, and getting your Dillys ready to dazzle.
Your Responsibilities
You’re responsible for:
- giving us accurate, current, and complete information about your business, customers, and operations; • granting us reasonable, lawful access to the phone numbers, scheduling tools, dispatch software, and accounts we need;
- the accuracy and legality of any call scripts, contact lists, and materials you provide or approve; • supervising and acting on the leads, bookings, and dispatches we generate for you; and • all pricing, quotes, and commitments made to your customers.
We act on the information and instructions you give us, and we’re not responsible for outcomes that result from inaccurate, incomplete, or unlawful information or instructions.
Outbound Calling, Recording & Compliance
Outbound calls, texts, and call recording are regulated by laws including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, Do-Not-Call rules, and state call-recording and consent laws. You are solely responsible for making sure any contact lists, numbers, customers, and campaigns you provide or request comply with all applicable laws, and that you’ve obtained every required consent.
You won’t direct us to contact anyone for whom the required consent hasn’t been obtained. You agree to indemnify and hold DillyDilly harmless from any claim, fine, or liability arising from calls, messages, or recordings made at your direction or using data you supplied.
No Guarantee of Results
We’re great at what we do — but we don’t guarantee any specific booking rate, revenue, number of appointments, conversion rate, or business outcome. Any testimonials, examples, or stats in our marketing reflect individual results and aren’t promises of yours. Results depend on plenty of factors outside our control, including your pricing, market, staffing, lead quality, and follow-through.
Our People & Non-Solicitation
The CSRs, team leads, and account managers we provide are our employees or contractors — not yours. Nothing here creates an employment, joint-employer, partnership, or joint-venture relationship, and we act as an independent contractor.
Our results rely on our people. So, during our engagement and for twenty-four (24) months afterward, you agree not to directly or indirectly solicit, recruit, or hire any DillyDilly personnel who provided Services to you, except through us and with our written consent. If you breach this, you agree to pay a placement fee equal to fifty percent (50%) of the individual’s annualized compensation as liquidated damages — a reasonable estimate of our loss, not a penalty.
Intellectual Property
We own or license everything that powers our Services — our processes, script frameworks, training materials, workflows, dashboards, reporting structures, and methodologies (“DillyDilly IP”). While our engagement is active, you get a limited, non-transferable right to use these solely for your own internal business purposes. That right ends automatically when our engagement ends or if you breach these Terms.
DillyDilly IP may not be copied, reverse-engineered, resold, or repurposed outside the scope of our Services. Your own pre-existing business materials, trademarks, and customer data stay yours; you grant us a limited license to use them only to deliver the Services.
Confidentiality
Both sides agree to keep each other’s non-public information confidential — including business, customer, pricing, strategy, and operational information — and to use it only to perform under these Terms. This obligation continues beyond termination. It doesn’t apply to information that’s public through no fault of the receiving party, independently developed, or required to be disclosed by law.
Data & Privacy
We take reasonable administrative and technical steps to protect data, but no system is completely foolproof. You represent that you have the right to share any customer or personal data you give us, and that our processing it on your behalf to deliver the Services is permitted. You’re responsible for your own privacy notices to your customers. By using our Services, you consent to your data being processed in the United States.
Your Contributions
If you send us feedback, ideas, or suggestions, you grant us a perpetual, royalty-free right to use them however we like, without further permission or compensation. If you upload content that isn’t yours, you’re responsible for any fallout.
Prohibited Activities
Don’t:
- break the law, spam people, or harass our team;
- try to hack us, steal data, or abuse our Services;
- use our Services to compete with us or mislead others.
Basically — don’t be shady.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DILLYDILLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DON’T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ALL TIMES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DILLYDILLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE LESSER OF $10,000 OR THE TOTAL FEES YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless DillyDilly and its owners, officers, employees, and contractors from any claims, damages, losses, fines, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your business, products, or services; (b) your instructions, scripts, or contact data; (c) your violation of any law, including TCPA and call-recording laws; (d) your breach of these Terms; or (e) any commitment or representation you or we made to your customers at your direction.
Chargebacks
Talk to us first. You agree to contact DillyDilly to resolve any billing dispute before starting a chargeback or payment dispute with your bank or card issuer. Filing a chargeback for validly incurred fees is a breach of these Terms, and we may suspend the Services, pursue the disputed amount plus any fees, and recover collection costs.
Force Majeure
We’re not liable for delays or failures caused by events beyond our reasonable control — acts of God, natural disasters, outages, telecom or internet failures, labor disruptions, pandemics, or government actions.
Legal Stuff
- Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.
- Dispute Resolution. We’ll first try to resolve any dispute informally in good faith. If that fails, disputes will be resolved by binding arbitration seated in New York, New York. To the extent permitted by law, each party waives any right to a jury trial and to participate in a class or representative action. If arbitration is found unenforceable, the state and federal courts located in New York will have exclusive jurisdiction and venue.
- Attorneys’ Fees. The prevailing party in any action to enforce these Terms may recover its reasonable attorneys’ fees and costs.
- Survival. The sections on Intellectual Property, Our People & Non-Solicitation, Confidentiality, Billing, Indemnification, and Limitation of Liability survive termination.
- General. If any provision is unenforceable, the rest stays in force. Our failure to enforce a right isn’t a waiver. You can’t assign these Terms without our written consent; we may assign them in a merger, acquisition, or sale of assets. These Terms, plus the package and any order accepted at checkout, are the entire agreement between us and supersede all prior understandings.
Contact Us
Questions? We’re here.
- Email: dylan@dillydilly.ai
- Phone: 518-860-0904
- Mail: 16 Fairchild Sq, Clifton Park, NY 12065
Let’s play fair and build something great together.
Acknowledgment
By checking “I have read and agree to the Terms of Service” at checkout and completing your purchase, you confirm that you’re authorized to bind the Client, that you’ve read and understood these Terms, and that you agree to be legally bound by them.