title: Terms of Service description: Terms and conditions for using D Line by Davinci Tech Solutions. lastUpdated: 2026-06-05
Terms of Service
Effective Date: June 5, 2026
These Terms of Service ("Terms") govern your use of D Line, a cloud-based VoIP softphone service operated by Davinci Tech Solutions ("Company," "we," "us," "our"). By accessing or using D Line, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
Support Contact: support@davincitechsolutions.com
Important — Emergency 911 Notice: D Line is an interconnected VoIP service. It may not be reliable for emergency 911 calls. Service may be interrupted by power outages, internet failures, or other disruptions. The user must register their physical service address and update it when they move. Even with a registered address, dispatch may be delayed or routed incorrectly. Read our full E911 Notice and acknowledge it before using the Service.
1. Definitions
- "Service": D Line software and infrastructure across iOS, Android, macOS, Windows, and web platforms
- "Account": Your registered user profile and tenant/organization affiliation
- "Content": Call recordings, messages, documents, and other data you create or transmit
- "User": Any person who accesses the Service via your Account
- "We," "Company": Davinci Tech Solutions and its affiliated entities
2. Eligibility and Account Registration
2.1 Age and Capacity
You represent and warrant that:
- You are at least 18 years old (or the age of majority in your jurisdiction)
- You have the legal right and authority to enter into this agreement
- You are not prohibited by law from using the Service
2.2 Organizational Accounts
If you register an account for an organization:
- You represent you have authority to bind that organization
- The organization accepts these Terms
- You remain liable for all activity under your Account
2.3 Account Security
You agree to:
- Maintain the confidentiality of your password
- Immediately notify us of unauthorized access
- Accept liability for all activity under your Account
- Provide accurate, current contact information
We are not responsible for unauthorized access due to your negligence or failure to secure your credentials.
3. Emergency Calling — FCC-Required Disclosure
D Line is an interconnected VoIP service. It may not be reliable for emergency 911 calls. Service may be interrupted by power outages, internet failures, or other disruptions. The user must register their physical service address and update it when they move. Even with a registered address, dispatch may be delayed or routed incorrectly.
By using D Line, you acknowledge:
- D Line routes 911 calls using your registered physical service address. If your address is not registered or is incorrect, your 911 call may be routed to the wrong dispatch center or may fail entirely.
- 911 service through D Line depends on internet connectivity and device power. It will not work during a power outage unless you have battery backup for your router, modem, and device.
- You must register and keep your physical service address current in your Account settings. If you move, update your address before making calls from the new location.
- You should always have an alternative means of reaching emergency services — such as a native cellular or landline phone — available at all times.
- You agree to notify all users of your organization of these limitations.
- You have read, understood, and acknowledged our full E911 Notice.
We are not liable for any failure of emergency 911 service resulting from internet outages, power failures, incorrect registered addresses, app crashes, or any other condition. You expressly waive any claims against Davinci Tech Solutions arising from emergency call delivery failure.
4. Acceptable Use Policy
You agree not to use the Service to:
4.1 Illegal Activities
- Violate any federal, state, or international law
- Facilitate fraud, identity theft, or unauthorized access
- Transmit child sexual abuse material or non-consensual intimate images
- Facilitate human trafficking or exploitation
4.2 Telemarketing and Call Abuse
- Initiate automated or robocalls without prior express written consent (TCPA compliance)
- Use auto-dialed marketing calls, text messages, or prerecorded messages
- Perform call spoofing to deceive recipients about caller identity
- Engage in harassment, threatening, or abusive calls or messages
- Send unsolicited commercial SMS (spam/SMISHING)
- Operate or permit operation of predictive dialers without proper consent
TCPA and Messaging Compliance. D Line is a B2B softphone. Compliance with the Telephone Consumer Protection Act (TCPA), Canadian Anti-Spam Law (CASL), and equivalent regulations is the responsibility of the sending party. In addition:
- Opt-out handling: You must honor opt-out requests by any reasonable means (FCC April 2025 rule). This includes, but is not limited to, honoring replies containing the keywords STOP, HELP, CANCEL, UNSUBSCRIBE, END, or QUIT. Opt-out automation must be implemented and operative within your messaging flows.
- Quiet hours: You must not send marketing or promotional messages before 8:00 AM or after 9:00 PM in the recipient's local time zone.
- 10DLC registration: If you are a customer reselling or extending D Line's SMS capabilities to your own end users, you are solely responsible for completing 10DLC campaign registration with the applicable carrier and registry. Unregistered traffic is subject to carrier filtering and may be blocked without notice. Davinci Tech Solutions is not liable for message delivery failures resulting from your failure to register.
4.3 Recording Without Consent
You must not enable or use call recording in jurisdictions where all-party or two-party consent is required without first obtaining the required consent from all parties. All-party consent is required in California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington, and in equivalent EU member states and other jurisdictions. D Line surfaces a per-call disclosure UI where technically feasible but does not independently verify that consent has been obtained. You are solely responsible for compliance.
4.4 Technical Abuse
- Reverse-engineer, decompile, or attempt to derive source code
- Bypass authentication, rate limiting, or access controls
- Launch denial-of-service attacks or distribute malware
- Scrape data or automate access without authorization
- Probe network security, exploit vulnerabilities, or conduct penetration testing
4.5 Intellectual Property Infringement
- Infringe copyrights, trademarks, patents, or trade secrets
- Use the Service for unauthorized reproduction or distribution
- Claim false ownership of others' work
4.6 Harassment and Abuse
- Harass, threaten, intimidate, or defame any person
- Stalk, doxx, or reveal private information without consent
- Impersonate others or misrepresent identity or affiliation
4.7 Content Transmission
- Transmit viruses, malware, or code that harms systems
- Send or encourage others to send abusive, defamatory, or obscene content
- Transmit unsolicited bulk communications (spam)
5. Service Features and Availability
5.1 Service Description
D Line provides:
- SIP-based VoIP calling (voice and video where supported)
- SMS/MMS messaging (where enabled by your organization)
- Call recording (where enabled and legally permitted)
- Push notifications for incoming calls
- Basic call management and history
5.2 Service Availability
- We aim for 99.5% uptime during business hours
- Scheduled maintenance windows: Sundays 22:00–23:00 UTC (no advance notice guaranteed)
- Emergency maintenance may occur without notice
- No service-level agreement (SLA) is provided; availability is on an "as-is" basis
5.3 Limitations
We do not guarantee:
- Uninterrupted service or zero downtime
- Compatibility with all devices, networks, or carriers
- Call quality under all network conditions
- Delivery of push notifications (delays or loss possible)
- Specific call routing or connection time
5.4 Beta and Experimental Features
Features marked as "beta," "experimental," or "test" may be unstable, incomplete, or subject to change without notice. Use at your own risk.
6. Billing and Payments
6.1 Charges and Billing Period
- Pricing is listed in your organization's billing dashboard
- Charges recur on a monthly or annual basis (as selected)
- Billing is prorated for mid-cycle upgrades or downgrades
6.2 Payment Terms
- Invoices are due net 30 days from invoice date
- Late payments accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower
- Overdue accounts may be suspended without further notice
6.3 Declined or Failed Payments
- If your payment method is declined, we will attempt retry within 5 days
- Continued failure may result in automatic suspension
- You remain liable for usage charges incurred after suspension notice
6.4 Refunds and Credits
- Monthly fees: No refunds for partial months or cancellations
- Usage overages: Billed monthly; no retroactive credits
- Service outages: Limited credit (max 10% monthly fee per incident)
- Credits must be claimed within 30 days of outage
6.5 Price Changes
- We may increase prices with 30 days' written notice
- Your acceptance of price increase is required to continue service
- Rejection of a price increase results in service termination at renewal
7. Intellectual Property Rights
7.1 Our IP
- The Service, software, documentation, and content are owned by Davinci Tech Solutions
- You receive a limited, non-exclusive, non-transferable license to use the Service
- All trademarks, logos, and brand names are our property
7.2 Your IP
- You retain ownership of Content you create or upload
- You grant us a worldwide, royalty-free license to use Content as necessary to:
- Provide and improve the Service
- Store and back up your data
- Comply with legal requests
- You represent you have the right to grant this license
7.3 Feedback
Any feedback, suggestions, or improvement ideas you provide may be used without compensation or attribution.
8. Limitation of Liability
8.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, our total liability for any claim arising from or related to these Terms or the Service is limited to the greater of:
- $1,000 USD, or
- 12 months of fees you paid for the Service in the 12 months preceding the claim
8.2 Excluded Damages
We are not liable for:
- Lost profits, revenue, or data
- Business interruption or loss of use
- Indirect, incidental, or consequential damages
- Punitive or exemplary damages
- Loss of goodwill or reputation
This limitation applies even if we have been advised of the possibility of such damages.
8.3 Essential Term
This limitation is a fundamental term of the agreement. If it is found invalid, liability is limited to the extent permitted by law.
9. Disclaimers
9.1 "AS IS" Service
The Service is provided "AS IS" without warranties of any kind. We do not warrant:
- Fitness for any particular purpose
- Merchantability or non-infringement
- Accuracy, completeness, or timeliness of information
- Uninterrupted, error-free, or secure operation
9.2 No Call Quality Guarantee
Call quality depends on network conditions, device capabilities, and carrier infrastructure beyond our control. We do not guarantee call clarity, connection time, or absence of dropouts.
10. Account Deletion and Termination
10.1 Term
- Initial term: As specified in your subscription (monthly or annual)
- Renewal: Automatic unless cancelled before renewal date
- Early termination during a paid annual term may be subject to remaining balance
10.2 Suspension
We may suspend your Service immediately without liability if:
- You breach the Acceptable Use Policy
- Your Account is used for illegal activity
- You fail to pay invoices after 30-day notice
- We reasonably believe continued access poses security or legal risk
10.3 Termination by Us
We may terminate your account with 30 days' written notice:
- For convenience, with refund of unused prepaid fees (prorated)
- Immediately, without refund, for material breach (illegal use, non-payment)
10.4 Termination by You — Account Deletion
You may delete your account and cancel your subscription at any time through:
- In-app: Settings → Delete Account, or
- Web: https://davincitechsolutions.com/delete-account, or
- Email: support@davincitechsolutions.com with your Account ID
A 30-day grace period begins when you request deletion. During this window, your account is suspended but not yet purged; you may restore it by contacting support. After 30 days, your account and all associated Content are permanently deleted from primary systems. Encrypted backups are purged within 180 days.
Cancellation of a subscription is effective at the end of the current billing period. No refunds are issued for partial months.
10.5 Effect of Termination
- Your Account and all Content are deleted per section 10.4
- You remain liable for usage charges incurred before termination
- Provisions on limitation of liability, disclaimers, indemnity, and dispute resolution survive termination
11. Indemnification
You agree to indemnify, defend, and hold harmless Davinci Tech Solutions, its officers, directors, and employees from:
- Claims by third parties arising from your use of the Service
- Your breach of these Terms or applicable law
- Your violation of another person's rights
- Content you transmit or create
You will not settle claims without our prior written consent.
12. Data, Privacy, and Data Processing
- Our Privacy Policy at https://davincitechsolutions.com/privacy governs data collection and use and is incorporated herein by reference.
- You consent to processing of data as described in the Privacy Policy.
- You are responsible for obtaining user consent to process data on behalf of your organization.
Data Processing Agreement (GDPR Art. 28). For B2B customers who process personal data of EU or UK data subjects through the Service, a Data Processing Agreement (DPA) is available upon request. Email support@davincitechsolutions.com to request the DPA. Upon execution, the DPA is incorporated by reference into these Terms and governs the processing of EU/UK personal data.
13. Dispute Resolution
13.1 Informal Resolution
Before pursuing formal action, contact support@davincitechsolutions.com to resolve disputes in good faith. We will attempt to respond within 15 business days.
13.2 Binding Arbitration
Any dispute not resolved informally within 30 days shall be resolved by binding arbitration under the JAMS Streamlined Arbitration Rules and Procedures, administered in Delaware. The arbitration shall be conducted before a single arbitrator. Each party bears its own attorneys' fees; arbitrator and administrative fees are split equally unless the arbitrator awards otherwise.
13.3 Exceptions to Arbitration
The following are not subject to arbitration and may be pursued in court:
- Claims for injunctive or equitable relief (e.g., stopping unauthorized use)
- Claims for intellectual property infringement
- Small claims court proceedings (where applicable)
13.4 Class Action Waiver
You and Davinci Tech Solutions agree not to pursue class action, collective action, or representative litigation. All claims must be brought individually.
13.5 Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions. For any claim not subject to arbitration, you consent to exclusive personal jurisdiction in the state and federal courts located in New Castle County, Delaware.
14. Compliance and Legal Obligations
14.1 TCPA and Telemarketing Laws
You must comply with:
- Telephone Consumer Protection Act (TCPA) — no robocalls or text messages without prior express consent
- Telemarketing Sales Rule (TSR) — caller ID accuracy, do-not-call list scrubbing
- Canadian Anti-Spam Law (CASL) — express consent for commercial electronic messages
- FCC April 2025 one-to-one consent rule and any reasonable means opt-out obligation
- Similar laws in all jurisdictions where you use the Service
Violations are your sole responsibility. Davinci Tech Solutions is not liable for your non-compliance.
14.2 Regulatory Cooperation
- You authorize us to disclose your data to government agencies upon lawful request
- We will attempt to provide advance notice unless prohibited by law
- You remain responsible for your own legal compliance
14.3 Export Compliance
D Line is subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC). You may not use the Service:
- In any country or territory subject to a comprehensive OFAC embargo (currently including Cuba, Iran, North Korea, Syria, Russia, the Crimea region, the Donetsk People's Republic region, and the Luhansk People's Republic region, as updated by OFAC from time to time)
- For the benefit of any person or entity on a U.S. government restricted-party list, including the OFAC Specially Designated Nationals list or the Commerce Department Entity List
- To transmit, export, or re-export any software, technology, or technical data in violation of U.S. export laws
You represent and warrant that you are not located in, organized under the laws of, or a national or resident of any embargoed jurisdiction, and that you are not on any restricted-party list.
15. General Provisions
15.1 Entire Agreement
These Terms, the Privacy Policy, and any additional terms in your Account constitute the entire agreement and supersede all prior negotiations and agreements.
15.2 Amendments
We may amend these Terms at any time with 10 days' written notice for material changes. Continued use of the Service after the effective date constitutes acceptance.
15.3 Severability
If any provision is invalid, it shall be reformed to the minimum extent necessary; remaining provisions remain in effect.
15.4 Waiver
Failure to enforce any right does not waive that right.
15.5 Assignment
You may not assign these Terms. We may assign our rights to affiliates or successors.
15.6 Notice
- Legal notices to us: support@davincitechsolutions.com
- We may provide notice via email or in-app notification
15.7 Survival
Provisions on limitation of liability, disclaimers, indemnity, dispute resolution, governing law, and export compliance survive termination.
16. Contact Us
For questions or disputes regarding these Terms:
Davinci Tech Solutions Email: support@davincitechsolutions.com [CONFIRM: physical mailing address required by GDPR/CCPA — Davinci Tech Solutions, ___, USA]
Last Updated: June 5, 2026