Terms of Service

Effective date: July 22, 2026  ·  Last updated: July 22, 2026

We are Esotech, Inc. ("Company," "Esotech," "we," "us," or "our").

We operate www.esotech.com, related Esotech websites, and the Esotech software platforms and services that link to these terms (collectively, the "Services").

Esotech provides SaaS customer operations platforms. They include CRM, dialer, messaging, workflow, and related tools that businesses use to manage leads, customers, and communications.

Contact
Email: compliance@esotech.com | support@esotech.com
Mail: 1000 Heritage Center Circle, Round Rock, TX 78664, United States

These Terms of Service (the "Terms") are a binding agreement between you (personally or on behalf of an entity) and Esotech. By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If your organization has a signed order form, master services agreement, or other written contract with Esotech (a "Customer Agreement"), that Customer Agreement controls if it conflicts with these Terms.

We may update these Terms by posting a revised version and updating the date above. Continued use after changes take effect constitutes acceptance, except where a Customer Agreement requires a different amendment process.

The Services are for users 18 and older.

1. The Services

Esotech provides software tools. You decide how your organization uses them.

You are responsible for complying with laws that apply to your business and campaigns, which may include TCPA, TSR, state telemarketing rules, DNC requirements, recording-consent laws, privacy laws, HIPAA (if you handle PHI), PCI rules (if you handle payment card data), insurance regulations, and similar requirements. Esotech provides product controls and features that can support compliance programs. Those features do not make Esotech your compliance officer, and they do not guarantee that your particular use is lawful. You must configure and use the Services correctly and confirm your own obligations.

Customer data is yours

Leads, contacts, call recordings, messages, documents, and other content you or your users put into Esotech Services ("Customer Content") belong to you (or your licensors). Esotech does not buy, sell, or rent your customer database.

When your users dial, text, or email people through Esotech Services, that is your outreach using your data. Esotech provides the platform. You remain responsible for consent, DNC, content, and campaign legality.

Esotech processes Customer Content to provide, secure, support, and operate the Services, and as otherwise described in our Privacy Policy and your Customer Agreement.

2. Accounts and access

You must provide accurate registration information and keep it updated. Credentials are personal to the assigned user and may not be shared. You are responsible for activity under your accounts and for promptly notifying us of unauthorized access.

We may suspend or restrict access for security, nonpayment, legal risk, abuse, or material breach of these Terms.

3. Intellectual property

Esotech and its licensors own the Services, software, interfaces, documentation, branding, and all related IP (the "Esotech IP"). Except for the limited rights granted below, no rights are transferred to you.

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Services for your internal business purposes.

You may not copy, modify, reverse engineer (except to the extent law prohibits that restriction), resell, or use the Services to build a competing product, except as expressly allowed in a Customer Agreement.

Feedback

If you send us suggestions or feedback about the Services, you grant Esotech a royalty-free right to use that feedback to improve the Services. Feedback does not include Customer Content.

Customer Content license to Esotech

You grant Esotech a limited license to host, process, transmit, display, and otherwise use Customer Content only as needed to provide and support the Services, prevent abuse, comply with law, and as otherwise permitted by your Customer Agreement.

4. Acceptable use

You will not, and will not allow users to:

• Use the Services unlawfully or to infringe others' rights
• Probe, scan, or attack the Services, bypass security, or introduce malware
• Interfere with platform stability or other customers
• Scrape the Services except through documented APIs you are authorized to use
• Misrepresent identity or affiliation
• Store payment card data, SSNs, or other highly sensitive data in free-text notes or other unprotected fields
• Use the Services for illegal spam, fraud, harassment, or deceptive practices
• Share accounts or exceed licensed seats/usage without authorization

Dialer and communications rules

You are solely responsible for:

• Obtaining and documenting legally required consent before calling, texting, or leaving prerecorded/artificial voice messages
• Honoring revoke/stop requests and maintaining DNC / internal do-not-contact lists
• Complying with TCPA, FCC rules, FTC Telemarketing Sales Rule (where applicable), state mini-TCPA laws, and carrier/10DLC requirements
• Call recording notices and consent where required
• Lead source legality and accuracy

Esotech does not sell you consumer lead lists as part of standard platform hosting. Leads in your account are data you supplied or connected. We do not assume responsibility for validating every lead's consent status unless a specific paid feature expressly says otherwise in writing.

Prohibited calling practices include:

• "Double tapping" or similar rapid repeat dialing intended to bypass screening or force answer rates
• Spoofing caller ID or dialing from numbers you are not authorized to use
• Intentionally manipulating drop/abandon behavior to evade FCC standards
• Exceeding permitted predictive/power dialing ratios for your account type. Unless your Customer Agreement states otherwise:
  • primarily inbound accounts: maximum 3 calls per user per second
  • primarily outbound accounts: maximum 6 calls per user per second
• Using non-account-owned numbers for outbound in violation of law or carrier rules

You should provision enough DIDs and capacity for your dialing pattern. Major ratio or seat increases without planning may hurt connectivity. Esotech is not liable for carrier filtering or poor connect rates caused by your dialing behavior or under-provisioned numbers.

Content standards

You may not upload or transmit content that is illegal, grossly harmful, or that you have no right to use. We may remove content or suspend features when reasonably necessary to protect the Services, other users, or to comply with law.

5. Fees, subscriptions, and payment

Unless a Customer Agreement says otherwise:

• Fees may include seats, DIDs, usage (minutes/SMS), onboarding, and add-on features
• Subscriptions renew monthly until canceled
• Invoices are issued on the billing cycle described in your order or invoice and are due as stated there (commonly net 7 unless otherwise agreed)
• You authorize Esotech to charge your designated payment method for recurring fees
• Seat reductions are your responsibility before the next bill cycle; removed seats are generally not credited mid-cycle unless we agree in writing
• New seats may be prorated; check your order form
• Onboarding fees, where charged, are non-refundable once work begins unless your order says otherwise
• Late accounts may incur late fees and progressive service limits (export limits, support limits, and eventually suspension). Specific late-fee amounts, if any, will be stated on your order form or invoice schedule
• You may cancel with written notice as stated in your order (commonly 30 days). Cancellation takes effect at the end of the then-current paid term unless otherwise agreed
• Taxes may apply

We may change standard list prices prospectively with notice. Contracted pricing in an active order controls for that term.

If payment fails and remains unpaid after notice, we may suspend the Services and, after continued nonpayment, terminate access. Data retention after termination follows our data retention practices and your Customer Agreement.

6. Account ownership transfers

Accounts are not freely transferable by sale or abandonment without Esotech's written consent. Ownership changes require a documented transfer process with Esotech so billing, 10DLC, access, and compliance responsibilities stay clear.

Customer Content ownership as between a buyer and seller of a business is determined by their deal documents, not by Esotech. Esotech will follow written joint instructions from authorized parties when reasonably verified. We will not independently grant a former owner ongoing access to another party's live account without authorization.

7. Privacy

Our Privacy Policy (www.esotech.com/privacy) explains how we handle personal information and is incorporated into these Terms.

The Services are hosted in the United States and may be accessed globally. See the Privacy Policy for transfer and processing details.

8. AI features

The Services may include AI-assisted tools. AI outputs can be incomplete or incorrect. You must supervise AI features and remain responsible for decisions made with their help. Customer Content is not used to train public foundation models without your authorization. Additional AI terms may appear in product documentation or your Customer Agreement.

9. Third-party services

The Services may interoperate with carriers, Google, payment processors, CPaaS providers, and other third parties. Those services have their own terms. Esotech is not responsible for third-party outages, policy changes, or filtering outside our reasonable control.

10. Confidentiality

Each party may receive non-public information from the other. The receiving party will protect it with reasonable care and use it only for performing under these Terms, except for information that is public, independently developed, or rightfully received from others without duty. Customer Content is your confidential information. Esotech IP and non-public platform details are our confidential information.

11. Disclaimers

EXCEPT AS EXPRESSLY STATED IN A CUSTOMER AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ESOTECH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THEY WILL MEET YOUR SPECIFIC COMPLIANCE OUTCOME.

Marketing pages describe capabilities generally. Actual features depend on plan, configuration, providers, and your implementation.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESOTECH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESOTECH'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

These limits are a core part of the bargain for a SaaS subscription and apply regardless of legal theory.

Nothing in these Terms limits liability that cannot be limited under applicable law (for example, certain bodily injury or fraud claims where prohibition applies).

13. Indemnification

You will defend and indemnify Esotech and its personnel against third-party claims, damages, and reasonable legal fees arising from:

• Your Customer Content
• Your calling, messaging, or marketing campaigns
• Your violation of law (including TCPA/DNC/privacy/recording laws)
• Your misuse of the Services
• Your breach of these Terms

We will provide prompt notice and reasonable cooperation. You may not settle a claim that imposes an admission or obligation on Esotech without our written consent.

14. Term and termination

These Terms apply while you use the Services. Either party may terminate as allowed in your order or Customer Agreement. We may suspend or terminate for material breach, illegal use, nonpayment, or risk to the platform or third parties.

On termination, your right to access ends. Export any Customer Content you need before access ends, subject to any suspension for nonpayment or legal hold. After termination we will delete or de-identify Customer Content per our retention schedule and Customer Agreement, except data we must keep by law.

15. Modifications and interruptions

We may improve, change, or discontinue features with reasonable commercial judgment. We may perform maintenance that temporarily affects availability. We are not liable for downtime caused by maintenance, factors outside our reasonable control, or your systems/carriers.

16. Electronic communications

Using the Services, submitting forms, or emailing us constitutes electronic communications. You agree to receive electronic notices. Electronic signatures and records satisfy legal writing requirements to the extent permitted by law.

If Esotech texts you for account or service reasons, message frequency will be limited, message/data rates may apply, and you can reply STOP to opt out of those texts where that channel is used.

17. Governing law and disputes

Texas law governs these Terms, without conflict-of-law rules. Exclusive venue lies in the state or federal courts located in Travis County, Texas, and each party consents to that venue and personal jurisdiction, unless your Customer Agreement specifies different dispute terms.

18. California consumer notice

Unresolved consumer complaints may be directed to the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at 800-952-5210 or 916-445-1254.

19. Miscellaneous

These Terms, the Privacy Policy, and any applicable order/Customer Agreement are the entire agreement for the subject matter. If a Customer Agreement exists, it controls in conflict. If any provision is unenforceable, the rest remains in effect. Failure to enforce is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction. Notices may be sent to the email on your account or to compliance@esotech.com. Sections that by nature should survive termination will survive.

20. Contact

Esotech, Inc.
1000 Heritage Center Circle
Round Rock, TX 78664
United States

compliance@esotech.com
support@esotech.com
privacy@esotech.com