Terms of service
Dialog Dynamo Services Agreement (this "Agreement")
IMPORTANT – PLEASE READ CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE AND SERVICES MADE AVAILABLE BY DIALOG DYNAMO Limited (“DIALOG DYNAMO”).
This is a legal agreement between you and Dialog Dynamo. By checking the box adjacent to the phrase "I agree with the terms and conditions of the Dialog Dynamo Services Agreement," or by using any website or API (the "Site") or services (the "Services") made available to you by Dialog Dynamo, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this Agreement.
1. Services. Subject to the terms of this Agreement, including payment by you of the fees set forth on the Site (the "Fees"), Dialog Dynamo agrees to provide its voice-based sales coaching application service to you, which is provided by Dialog Dynamo and may be accessed by you solely through the use of the Site
2. Fees. In consideration for the Services provided and the rights granted to you under this Agreement, you agree to pay Dialog Dynamo the Fees as detailed on the Site. For users on the invitation-only free tier, no Fees are required, but access to and use of Services are at the sole discretion of Dialog Dynamo. All Fees are due and payable by you to Dialog Dynamo as per the schedule set forth on the Site.
3.Taxes. All Fees exclude any sales, use, excise, import, export, value-added, universal service charges, withholding, and other governmental taxes or charges, including any related penalties and interests, except taxes based on the net income of Dialog Dynamo (collectively, "Taxes"). You are responsible for promptly paying all Taxes and will reimburse, indemnify, and hold Dialog Dynamo harmless for all liabilities with respect to Taxes.
4.Late Payment. If you fail to make timely payments of any Fees, a late fee may be assessed at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower. The late fee will be calculated from the due date until the date the payment is received. Dialog Dynamo is also entitled to recover any out-of-pocket expenses incurred while collecting overdue payments. Dialog Dynamo reserves the right to remove, suspend, or disable your access to the Site and/or Services and stop providing all Services if payments are not made when due.
5.Ownership of the Site. Dialog Dynamo and its licensors own the Site, Services, Site Content, and all software, algorithms, protocols, interfaces, and features incorporated therein. All rights, title, and interest in and to the Site, Services, and Site Content, including all intellectual property rights, are retained by Dialog Dynamo and its licensors. Any rights not expressly granted herein are reserved by Dialog Dynamo and its licensors.
6.Restrictions. The right to use the Site and Services provided by Dialog Dynamo is by invitation only and is subject to restriction. Note that even our free tier does not guarantee the provision of service. In particular, you may not:
(a) distribute, transmit, transfer, assign, rent, lease, sell or otherwise dispose of any information, data, or content generated by or otherwise made available to you using the Site (the "Site Content") to any third party;
(b) use the Site, Service, or Site Content in any time-sharing arrangement or otherwise make the Site, Service, or the Site Content available via a network so that it can be used on multiple devices at the same time;
(c) alter, modify, repair, rent, lease, loan, sell, distribute, or create derivative works based on the Site, Service, or Site Content;
(d) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Site except to the extent such activities cannot be prohibited by applicable law;
(e) use the Site, Service, or Site Content in an illegal, harmful, offensive, tortious, defamatory, obscene, or abusive manner as determined by Dialog Dynamo, including but not limited to:
(i) violating the security or integrity of any network, computer or communications system, software application, network or computing device,
(ii) infringing or violating the rights of any other party,
(iii) harassing, bullying, annoying, intimidating, threatening, defaming, disparaging, or abusing any third party or promoting violence against a specific person or class of people,
(iv) impersonating any third party,
(v) sending unwanted sexually explicit or suggestive messages,
(vi) sharing another person’s private information without their knowledge or consent,
(vii) spreading false or misleading information;
(f) use the Site, Service, or Site Content for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
(g) violate the security of the Site or attempt to gain unauthorized access to the Site, Service, or Site Content, or other information, data, or content of Dialog Dynamo or other users of the Site through hacking, password mining, or any other means;
(h) assist any third party to engage in any of the foregoing activities.
Dialog Dynamo and its licensors are not in any way responsible for any such unauthorized use by you. You agree to notify Dialog Dynamo immediately upon becoming aware of any activity in violation of this Section.
Dialog Dynamo may investigate occurrences that may involve violations of law and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in any violations of law. You acknowledge and agree that Dialog Dynamo can take any technical, legal, and other actions that Dialog Dynamo deems, in Dialog Dynamo’s sole discretion, necessary and appropriate, without notice to you, to prevent or remediate any violations and enforce this Agreement. This may include, but is not limited to, refusing to provide services to certain third parties.
7.Updates; Support. Dialog Dynamo reserves the right to provide updates, new versions, and revisions, and make changes, corrections, and/or improvements (collectively, “Updates”) to: (a) the Site, Services, and Site Content; and (b) this Agreement, in both cases at any time without notice or liability. However, we will endeavor to provide you with notice of any material changes to this Agreement. You are bound by any such Updates to this Agreement and should therefore periodically review the current terms and conditions to which you are bound. Dialog Dynamo also reserves the right to discontinue providing the Site, Services, and Site Content at any time without notice and without liability. Updates may be made available online at the discretion of Dialog Dynamo. Dialog Dynamo shall have no liability whatsoever arising from your failure or inability to access, install, or use any Updates. While Dialog Dynamo is under no obligation to provide any Updates, nor obligated to correct any bugs or errors, any support provided will be for your convenience only.
8.Privacy. In connection with your use of the Site and the Services we offer, certain information may be collected, including your personally identifiable information. Dialog Dynamo may share information only as necessary to provide the Services. We will not share that information with any third party for commercial or similar purposes. Anonymous, aggregated information may be used for internal analysis, analytics, and research purposes.
9.User Account; Account Security. An account on the Site (a “User Account”) is necessary to access and use the Services. A User Account may be created by completing the registration process on the Site. The User Account will be subject to the terms and conditions of this Agreement. Information about you may be required as part of the registration process or as a part of your continued use of the Services. You agree that any registration information submitted will be correct, accurate, and up to date. Maintaining User Account security is critical. You are solely responsible for maintaining the confidentiality of your User Account password and are obliged to notify Dialog Dynamo immediately if you become aware of any unauthorized use of your password or any other breach of your User Account security. You commit to take all steps necessary to protect the confidentiality and security of your authentication credentials and agree not to share these with any third parties.
10.User Content. For all content, information, data, and material you provide to Dialog Dynamo ("User Content"), you grant Dialog Dynamo a non-exclusive, fully-paid, royalty-free license to host, store, and use such User Content for the sole purpose of monitoring, reviewing, improving, and evaluating the performance of the Dialog Dynamo application. You also allow Dialog Dynamo to analyze your User Content to improve our services.You represent and warrant that: (i) you have the necessary rights to grant us the license mentioned above for your User Content,(ii) your User Content is not illegal, threatening, harassing, or otherwise inappropriate,(iii) your User Content does not identify any person under the age of eighteen (18) or, if over the age of eighteen (18), without that person's informed consent.
11.Term; Termination. This Agreement becomes effective the day you access the Site. Either party may terminate this Agreement for any reason, at any time. The Agreement will automatically terminate if you fail to adhere to any of its terms. Dialog Dynamo reserves the right to limit or terminate your access to the Site, modify Site Content, or discontinue Services if you violate this Agreement. Upon termination, you are obligated to destroy all Site Content in your possession, and all rights granted to you will cease immediately.
12.Warranty. The Site, Services, and Site Content are offered for your convenience. THE SITE, SERVICES, AND SITE CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE", AND ON AN "ALL FAULTS" BASIS. DIALOG DYNAMO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. DIALOG DYNAMO DOES NOT GUARANTEE UNINTERRUPTED SERVICE, ERROR-FREE CONTENT, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties; hence, the above exclusions may not apply to you.
13.Liability Limitation. TO THE EXTENT ALLOWED BY APPLICABLE LAW, DIALOG DYNAMO ACCEPTS NO LIABILITY ARISING FROM OR RELATED TO THE USE OF THE SITE, SERVICES, OR CONTENT. DIALOG DYNAMO SHALL NOT BE LIABLE FOR ANY FORM OF DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY WILL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID TO DIALOG DYNAMO FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS. Some jurisdictions do not allow limitations on liability, so the above limitations may not apply to you.
14.Indemnification. You are accountable for all activities conducted through your use of the Site, Services, and Site Content. You agree to indemnify and hold harmless Dialog Dynamo, its licensors, affiliates, and their officers, directors, employees, and agents from any claims, damages, liabilities, expenses, and costs arising from (i) violations of this Agreement, (ii) improper use of the Site, Services, or Site Content, or (iii) any activity related to your User Account.
15.Miscellaneous. This Agreement does not create any relationship of association, partnership, joint venture, or agency between the parties. Neither party will have any right or authority to assume, create or incur any liability or obligation of any kind against or in the name of the other party. This Agreement constitutes the entire agreement between Dialog Dynamo and you pertaining to the subject matter hereof and supersedes all prior agreements and understanding between the parties. Except to the extent and in the manner specified in this Agreement, any modification or amendment of any provision of this Agreement must be in writing and bear the signature of the duly authorized representative of each party. The failure of either party to exercise any right granted under this Agreement, or to require the performance by the other party of any provision of this Agreement, or the waiver by either party of any breach of this Agreement, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of this Agreement. You may not sell, assign or transfer any of your rights, duties or obligations under this Agreement without the prior written consent of Dialog Dynamo. Dialog Dynamo reserves the right to assign or transfer this Agreement or any or all of its rights, duties and obligations to any third party without your consent. If any provision of this Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision will to such extent as it is determined to be illegal, invalid or unenforceable under such law be deemed null and void, but this Agreement will otherwise remain in full force and effect. Furthermore, it is the intention of the parties that in lieu of such illegal, invalid, or unenforceable provision, there automatically be added as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
16.Contact Information; Feedback. Should you have questions about the terms and conditions of this Agreement or if you desire to contact Dialog Dynamo for any reason (including, but not limited to legal correspondence; any questions or comments about the Site, Services, or the Site Content; your rights of access, rectification, erasure, and restriction; or to report any problems, bugs, or other errors), please contact support@dialogdynamo.com.
To the extent you provide Dialog Dynamo with any suggestions, enhancement requests, recommendations or other feedback relating to the Site or Dialog Dynamo's business, products, services, or operations (collectively, “Feedback”), you hereby grant Dialog Dynamo a non-exclusive, fully paid-up, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees), worldwide, perpetual, irrevocable right and license to use, reproduce, publicly perform, publicly display, distribute, modify, create derivative works, sell, exploit, and otherwise commercialize and dispose of such Feedback without restriction.