This Terms of Service agreement (the "Agreement") is a legally binding contract between you ("Customer," "you," or "your") and Dialio & Lalas ("Dialio," "we," "us," or "our"), a company registered in Nagaur, Rajasthan, India - 341509. This Agreement governs your access to and use of the Dialio AI-powered communication platform and associated services (collectively, the "Service").
Important
By creating an account, accessing the dashboard, or using any part of the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you may not use the Service.
Our Privacy Policy is incorporated by reference into this Agreement. Please read it carefully to understand how we collect, use, and protect your information.
1. The Dialio Service
Dialio provides a comprehensive, AI-powered omnichannel communication platform designed to automate and enhance business-customer interactions. The Service includes, but is not limited to:
AI-Powered Agents
Access to our primary AI agent, "Sophie," and supporting agents like "Alex," available 24/7 to handle inbound and outbound communications.
Multiple Communication Channels
Management of interactions across voice calls, WhatsApp, SMS, web chat, and email.
Core Functionalities
Features such as lead capture and qualification, appointment scheduling, real-time call transcription and recording, sentiment analysis, and multi-language support (58+ languages).
Management Dashboard
A web-based interface for managing the Service, viewing analytics, launching campaigns, and configuring settings.
2. Scope of Use and License Grant
Subject to your compliance with this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your subscription term, solely for your internal business purposes.
This right is granted to your designated employees and authorized contractors ("Authorized Users"), provided that you remain responsible for all actions taken by your Authorized Users.
3. Acceptable Use Policy
You agree not to misuse the Service or help anyone else to do so. You will not, and will not permit your Authorized Users to, engage in any of the following prohibited activities:
Illegal Activities
Using the Service for any illegal purpose or in violation of any local, national, or international law.
Emergency Services
Using the Service for emergency services (e.g., 911 calls), life-critical communications, medical advice, or legal advice.
Harmful Content
Transmitting any content that is unlawful, harassing, defamatory, fraudulent, obscene, or related to adult services.
Unauthorized Access
Attempting to gain unauthorized access to the Service, reverse-engineering the platform, or interfering with the Service's integrity or performance.
Spam & Fraud
Using the Service to send spam, unsolicited messages, or to engage in phishing or other fraudulent activities.
IP Infringement
Infringing upon the intellectual property rights of others.
Violation Consequences
A violation of this policy may result, at our sole discretion, in the immediate suspension or termination of your account without notice or liability.
4. Fees, Billing, and Payment
4.1 Subscription Plans & Fees
You agree to pay all fees associated with your chosen subscription plan ("Subscription Fees") as described on our pricing page or in a formal quotation provided to you. Our Service is available through various plans, such as Voice Service, Messaging Service, and tiered Enterprise plans, each with different features and pricing.
4.2 Billing & Payment
Services are billed in advance on a recurring basis (e.g., monthly). All payments are due immediately unless an invoice specifies other payment terms. You are responsible for providing complete and accurate billing information.
4.3 Taxes
All stated fees are exclusive of taxes. You are responsible for paying all applicable taxes, including but not limited to sales tax, VAT, or GST, which we may add to your invoice as required by law.
4.4 Late Payments
If any fees are not received by the due date, we may suspend your access to the Service until payment is made in full. We also reserve the right to charge interest on overdue amounts to the maximum extent permitted by law.
4.5 No Refunds
Subscription Fees are non-refundable. No refunds or credits will be provided for partial subscription periods or unused services.
5. Intellectual Property Rights
5.1 Our Intellectual Property
We retain all right, title, and interest in and to the Service, including all underlying software, AI agents (Sophie, Alex), documentation, and branding. This Agreement does not grant you any ownership rights to our intellectual property.
5.2 Your Intellectual Property
You retain all ownership rights to the data, information, call recordings, transcripts, and other content you provide to or generate through the Service ("Customer Data").
5.3 Our License to Your Data
To enable us to operate and improve the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, host, reproduce, modify, and display your Customer Data solely for the purposes of providing, maintaining, and enhancing the Service for you. We may also use de-identified and aggregated data to improve our AI models and service offerings.
5.4 Feedback
If you provide any feedback, suggestions, or ideas for improving the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use and commercialize such feedback without any obligation to you.
6. Data Privacy and Security
Your privacy and the security of your data are critically important to us.
6.1 Privacy Policy
Our collection and use of personal information are governed by our Privacy Policy, which is incorporated into this Agreement. You agree to the terms of the Privacy Policy.
6.2 Security Measures
We will implement and maintain reasonable administrative, physical, and technical safeguards to protect the security and integrity of your Customer Data. These measures include encryption of data in transit (TLS 1.3) and at rest.
6.3 Subprocessors
You acknowledge and agree that we use third-party service providers (e.g., Twilio, OpenAI, Replit, Neon) to help us provide the Service. A list of our key integration partners is available in our documentation.
7. AI Disclaimers and Service Limitations
The Service is powered by artificial intelligence, which has inherent limitations. You acknowledge and agree that:
AI Limitations
The AI may occasionally misunderstand, provide incorrect information, or fail to capture context.
Service Availability
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements.
Critical Communications
The Service is not intended for use in life-critical situations, emergency communications, or for providing professional medical or legal advice. You are responsible for monitoring critical interactions.
8. Limitation of Liability
Liability Limits
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIALIO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO DIALIO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to defend, indemnify, and hold harmless Dialio, its officers, directors, and employees from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- (a) your use of the Service
- (b) your breach of this Agreement
- (c) your Customer Data infringing on the rights of a third party
10. Term and Termination
10.1 Term
This Agreement commences on the date you first accept it and continues for the duration of your subscription term. Subscription terms will automatically renew for successive periods of the same duration unless either party gives the other written notice of non-renewal at least 30 days before the end of the current term.
10.2 Termination for Cause
We may terminate this Agreement immediately upon notice if you materially breach any provision, including failure to pay fees.
10.3 Effect of Termination
Upon termination, your right to access the Service will cease. We will provide you with a 30-day period to export your Customer Data, after which we may permanently delete it from our systems.
11. General Provisions
11.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
11.2 Jurisdiction
Any legal suit, action, or proceeding arising out of this Agreement shall be instituted exclusively in the courts located in Rajasthan, India.
11.3 Changes to Terms
We may modify this Agreement from time to time by posting the revised version on our website or by notifying you via email. Your continued use of the Service after such changes become effective constitutes your acceptance of the new terms.
11.4 Entire Agreement
This Agreement, including the incorporated Privacy Policy, constitutes the entire agreement between you and Dialio and supersedes all prior agreements and understandings.
12. Contact Information
If you have any questions about this Agreement, please contact us at: