Terms of Service
Last Updated: January 07, 2026
1. Acceptance of Terms
By accessing or using WholesalerPhone ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a binding legal agreement between you and STONEY LLC doing business as WholesalerPhone ("Company," "we," "us," or "our").
2. Description of Service
WholesalerPhone is a business communication platform that provides:
- SMS and voice call management
- AI-powered lead prioritization and response automation
- Team inbox and collaboration tools
- Call recording, transcription, and analytics
The Service is designed for real estate professionals, wholesalers, and acquisition teams.
3. Account Registration and Eligibility
To use the Service, you must:
- Be at least 18 years old and legally able to enter into contracts
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use of your account
You are responsible for all activity that occurs under your account.
4. Acceptable Use Policy
You agree NOT to use the Service to:
- Send spam, unsolicited messages, or engage in illegal marketing practices
- Violate any applicable laws, including TCPA, CAN-SPAM, or GDPR
- Harass, abuse, threaten, or intimidate others
- Transmit viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the Service or servers
- Access the Service through automated means (bots, scrapers) without permission
- Resell or redistribute the Service without authorization
Violation of this policy may result in immediate suspension or termination of your account.
5. SMS and Voice Communication Compliance
You are responsible for ensuring your use of our SMS and voice features complies with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and carrier regulations. You agree to:
- Obtain proper consent before sending messages or making calls
- Provide clear opt-in and opt-out mechanisms
- Honor opt-out requests immediately (within 24 hours)
- Not send messages to numbers on the National Do Not Call Registry without proper exemption
- Include your business identity in all communications
We reserve the right to suspend accounts that violate carrier guidelines or generate excessive complaints.
6. Fees and Payment
Subscription Plans: WholesalerPhone offers Solo and Team subscription plans. Pricing is available on our website and subject to change with 30 days' notice.
Billing: You will be billed monthly in advance. All fees are non-refundable except as required by law or explicitly stated in these Terms.
Usage Fees: Additional charges may apply for usage exceeding plan limits (e.g., SMS messages, call minutes).
Payment Information: You authorize us to charge your payment method on file. You are responsible for keeping your payment information current.
Failed Payments: If payment fails, we may suspend your account until payment is received.
7. Cancellation and Refunds
Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.
30-Day Money-Back Guarantee: If you cancel within the first 30 days of your initial subscription, we will provide a full refund of your first month's payment.
No Refunds: After the 30-day period, subscription fees are non-refundable.
8. Intellectual Property
All content, features, and functionality of the Service (including text, graphics, logos, software, and design) are owned by STONEY LLC and protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, sell, or reverse engineer any part of the Service without our written permission.
9. User Content
You retain ownership of any content you create, upload, or transmit through the Service (e.g., messages, recordings, contact lists). By using the Service, you grant us a license to use, store, process, and display your content solely to provide the Service.
You represent that you have all necessary rights to the content you submit and that it does not violate any third-party rights or laws.
10. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.
11. Third-Party Services
The Service may integrate with third-party services (e.g., Twilio, Stripe). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services or any issues arising from their use.
12. Disclaimers and Limitations of Liability
As-Is Service: The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure.
No Guarantee of Results: We do not guarantee that using the Service will result in increased deals, revenue, or business outcomes.
Limitation of Liability: To the maximum extent permitted by law, STONEY LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use the Service
- Any unauthorized access to or use of our servers or your data
- Any interruption or cessation of transmission to or from the Service
- Any bugs, viruses, or other harmful code transmitted through the Service
Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless STONEY LLC, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Your content or communications sent through the Service
14. Termination
We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:
- Violation of these Terms or our Acceptable Use Policy
- Non-payment of fees
- Fraudulent or illegal activity
- Excessive complaints from recipients of your communications
Upon termination, you will lose access to your account and data. We are not obligated to retain or provide copies of your data after termination.
15. Dispute Resolution and Arbitration
Informal Resolution: If you have a dispute with us, please contact us first at support@wholesalerphone.com to attempt to resolve it informally.
Binding Arbitration: If we cannot resolve the dispute informally, you agree that any dispute arising from these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in [Your State/County].
Class Action Waiver: You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and STONEY LLC regarding the Service.
20. Contact Information
If you have questions about these Terms, please contact us at:
Email: support@wholesalerphone.com
Address: 225 Dyer St, Providence, RI 02903