Terms of Service

Last Updated: 1 Sept 2023

1. Introduction

These Terms of Service ("Terms") establish the guidelines for using our Service and define the legal relationship between the user and DialogGPT.io ("Company"). The Company manages the website located at DialogGPT.io ("Website") and provides the Service (elaborated further in Section 2). This Service is tailored for professionals to aid them in their business endeavors. By accessing the Website, using the Service, or completing the Account registration, you acknowledge that (i) you have read, comprehended, and agreed to these Terms and our Privacy Policy, (ii) you possess the legal age and capacity to enter into an agreement with the Company, and (iii) if representing an entity, you have the authority to act on its behalf and your declarations bind that entity. If you disagree with any part of these Terms, please refrain from using the Service. However, for concerns or potential solutions, you can reach out to us at support@dialoggpt.io.

2. Definitions

For clarity, the terms mentioned below, when capitalized, hold the following meanings:

• Account: An individualized dashboard enabling Users to access and utilize the Service and Website.
• Agreement: A potential subscription contract between the User and DialogGPT.io, detailing the extent and pricing of the Service.
• API: The application programming interface of DialogGPT designed for integration with User software.
• Company: Refers to DialogGPT.io.
• Content: Any text, images, or other materials shared, displayed, or transmitted by Users or Guests on the Website or through the Service.
• Device: Electronic tools like computers, phones, or tablets that enable web browsing.
• Guest: An individual or entity browsing the Website without an Account.
• Intellectual Property: All creative expressions, designs, inventions, and other proprietary materials owned exclusively by DialogGPT.io.
• Licence: A non-exclusive permission for personal use of the API and/or Widget.
• Link: A hyperlink pointing to external websites.
• Mobile Device: Portable electronic devices, such as smartphones or tablets, that can access the Website or Service.
• Notification: Messages delivered to Users as part of the Service.
• Other Websites: Any website other than DialogGPT.io.
• Password: A confidential User authentication tool, consisting of at least 8 characters, granting Account access.
• Privacy Policy: Outlines data handling practices and is available at the designated link on DialogGPT.io.
• Service: Encompasses the Website, Widget, and/or API, based on the User's Agreement.
• Terms: The terms of service accessible at the designated link on DialogGPT.io.
• User: An entity with a registered Account on DialogGPT.io.
• Website: Refers to the web pages under DialogGPT.io.
• Widget: A DialogGPT tool that can be integrated into a User's website.

Note: These definitions maintain their significance whether they appear in singular or plural form.

3. General Rules

Engaging with the Service signifies your complete agreement with these Terms. These Terms exclusively govern the relationship between the Company and either the Guest or User. If the Service or Website offers services from other providers, such services will be based on those providers' terms, and they alone will be accountable for service delivery, unless our Terms explicitly state otherwise. Every entity accessing the Service or Website must adhere to its intended use as outlined in these Terms.

Website Usage Requirements:

• Internet access.
• Compatibility with one of the following browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge, with the browser version being no older than a year.
• JavaScript enabled.

API Usage Requirements:

• Internet access.
• Software capable of sending HTTP requests.

Widget Usage Requirements:

• Internet access.
• Compatibility with one of the following browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge, with the browser version being no older than a year.
• JavaScript enabled.

We advise installing antivirus software on your device for enhanced security.

4. Account

Creating an account on the Website is straightforward. You can sign up using your Facebook or Google account, or by registering with a personal email and password. It's crucial to provide accurate and up-to-date information during registration. Failure to do so, or providing misleading details, may lead to account termination. It's your responsibility to keep your account details, especially your password, confidential. This includes ensuring no unauthorized access to your device or account. Any activities under your account are your responsibility, and you should inform us immediately if you suspect any unauthorized access or security breaches. Please avoid using someone else's name or any trademarked names as your username without proper authorization. Also, refrain from using inappropriate or offensive usernames.

5. Communications

By creating an Account, Users may opt to receive newsletters and other promotional materials from DialogGPT.io.

6. Data and Privacy

Users provide custom data to train chatbots. The Company ensures that this data is used solely for the purpose of training the chatbot and improving its functionality. The data will not be shared, sold, or used for any other purposes. Users retain all rights to their data.

7. Chatbot Integration

Users can integrate the chatbot into their websites. The Company provides necessary tools and guidelines for integration but is not responsible for any issues arising from the integration on the User's website.

8. Subscription and Billing

Our Service offers features accessible through a subscription model. These Subscriptions are billed periodically, based on whether you opt for a monthly or annual plan. Unless manually terminated, your Subscription will auto-renew at the end of each cycle. You can halt the auto-renewal via your account settings or by contacting our support at the provided email.

For processing subscription payments, a valid payment method, such as credit/debit card, Apple Pay, or Google Pay, is necessary. Ensure your billing details, including name, email, country, business name, VAT number, and payment info, are accurate. By submitting this, you authorize us to charge your Subscription fees automatically. If we encounter issues with auto-billing, we'll send an electronic invoice, prompting manual payment within a given timeframe.

We reserve the right to decline or cancel orders due to reasons like service unavailability, discrepancies, or suspected unauthorized activities. Additional charges, like taxes from your country's authorities, are not our responsibility and are up to you to handle.

9. Fee Changes

The Company reserves the right to adjust Subscription fees at its discretion. Should there be any changes to the Subscription fees, they will take effect after the completion of the ongoing Billing Cycle. We will ensure that you are notified in advance about any fee alterations, allowing you the choice to end your Subscription if desired. If you continue to use the Service post any fee adjustments, it indicates your acceptance to honor the updated Subscription fee.

10. Refunds

Unless mandated by law, Subscription fees are non-refundable.

11. Content

Our Service and Website offer a platform for users to upload, link, save, share, and present various forms of information and media, referred to as “Content”. You hold the responsibility, especially towards your clients, for the Content you share, ensuring its legality, trustworthiness, and suitability. When you share Content on our platform, you confirm that: (i) you either own the Content or have the necessary permissions to use it and grant us the rights outlined in these Terms, and (ii) your Content doesn't infringe on any individual's or entity's privacy, publicity, copyright, or other legal rights. We hold the authority to close the accounts of users found violating copyright laws. While you maintain all rights to the Content you share, it's your duty to safeguard those rights. We are not accountable for, nor do we oversee, the Content shared by you or any third party on our platform.

12. Prohibited Uses

While using our Service or Website, you must adhere to lawful practices and our Terms. You commit not to:

• Violate any local, national, or international laws or regulations.
• Endanger or exploit minors by exposing them to unsuitable content.
• Send unsolicited promotional materials like "junk mail", "spam", or "chain letters".
• Impersonate the Company, our employees, other Users, or any entity/person.
• Engage in activities that are illegal, harmful, or infringe upon others' rights.
• Conduct that hinders others' enjoyment of our Service or Website or poses risks to us or our Users.
• Overburden, damage, or impair our Service or Website, or disrupt others' real-time activities.
• Use automated means, like robots or spiders, to access our Service or Website without authorization.
• Introduce harmful or malicious software like viruses or trojan horses.
• Unauthorized access or attacks on our Service, Website, servers, or associated databases.
• Engage in actions that negatively impact our Company's reputation.

13. Intellectual Property Rights

The Service, Website, and their inherent content (excluding user-generated Content) are the exclusive property of the Company and its licensors. They are safeguarded by copyright, trademark, and other intellectual property laws of the U.S. and other countries. Unauthorized use of our trademarks or trade dress is prohibited without our explicit written consent.

Users and Guests, by accessing the Service, do not gain any rights to the Intellectual Property. Unauthorized use of this Intellectual Property, beyond personal use as outlined in the Copyright Act of February 4, 1994, is strictly forbidden.

Upon purchasing a Subscription, Users are granted a License to use the Service in line with the Subscription's terms. This License is limited, non-transferable, revocable, non-exclusive, and lasts for the Subscription's duration. Users cannot sublicense this License. The permitted uses of this License include:

• Integrating the Service into the User's website and/or software.
• Utilizing the Service to cater to the User's clientele.

Users are prohibited from altering, reverse engineering, or attempting to extract the source code from the Service or Website. Creating or publishing APIs, proxying access, or using the Service or Website through automated means (machines or software) is not allowed.

14. Copyright Policy

We hold the intellectual property rights of others in high regard. Our policy is to promptly address any claims suggesting that Content, uploaded via our Service or on our Website, infringes the copyright or other intellectual property rights of any individual or entity. If you're a copyright holder or their authorized representative and believe that any content infringes upon your copyrights, please forward your claim via email to support@dialoggpt.io. Use the subject line: “Copyright Infringement” and provide a comprehensive description of the alleged infringement as outlined in the section “DMCA Notice and Procedure for Copyright Infringement Claims”. Be aware that if you falsely allege copyright infringement or act in bad faith, you may be liable for damages, including costs and attorney fees.

15. DMCA Notice and Procedure for Copyright Infringement Claims

If you believe your copyrighted material has been infringed upon, you can file a claim under the Digital Millennium Copyright Act (DMCA). Please provide our Copyright Agent with the following written details (refer to 17 U.S.C 512(c)(3) for more information):

• The electronic or physical signature of the authorized representative of the copyright holder.
• A description of the copyrighted work you believe has been infringed, including its URL or a copy of it.
• The specific location (URL) on our Service where the potentially infringing material is found.
• Your contact details: address, phone number, and email.
• A statement asserting your good faith belief that the disputed use isn't sanctioned by the copyright owner, its agent, or the law.
• A declaration, under penalty of perjury, that the information in your notice is precise and that you're either the copyright holder or authorized to act on their behalf.

Reach out to our Copyright Agent via email at support@dialoggpt.io for any related concerns.

16. Error Reporting and Feedback

We strive to assist our Guests and Users in addressing issues related to our Service and continuously aim to enhance its quality based on the feedback we receive. If you encounter any problems or have suggestions, please reach out to us directly at support@dialoggpt.io.

When providing feedback, you agree that:

• You won't have any rights to the feedback.
• We might have similar development ideas to your feedback.
• Your feedback doesn't contain any confidential or proprietary information.
• We're not obligated to keep your feedback confidential.

If, due to certain laws, transferring feedback ownership isn't feasible, you grant us an exclusive, transferable, irrevocable, free, unlimited right to use your feedback in any way, including commercialization.

17. Links to Other Websites

Our Service or Website may include links to other websites not managed by us. We don't have control over these websites and aren't responsible for their content, policies, or practices. We can't vouch for the offerings of these websites or entities. YOU AGREE THAT WE WON'T BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON SUCH WEBSITES. We recommend reviewing the terms and privacy policies of any external websites you visit.

18. Disclaimer of Warranty

DialogGPT.io's services are provided on an “AS IS” and “AS AVAILABLE” basis. We make no guarantees, either directly or implied, regarding the operation of our services or the information, content, or materials included. By using our services, you agree to do so at your own risk. We, nor any affiliated parties, guarantee the completeness, security, reliability, quality, accuracy, or availability of our services. Furthermore, we do not claim that our services will be uninterrupted, free of errors, that any errors will be fixed, or that our services are free from harmful components like viruses. We disclaim all warranties, whether they're direct, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a specific purpose. This disclaimer does not affect any warranties that can't be excluded or limited under applicable laws.

19. Limitation of Liability

DialogGPT.io is not responsible for the outcomes of adhering to the content, tips, articles, or other publications on our Website or Service, including content generated by our AI. It's essential to understand that our AI, while advanced, is not infallible and its advice or answers shouldn't replace professional recommendations. We are not liable for any repercussions arising from the use of our Service or the content it provides to users. We also disclaim responsibility for any malicious software, phishing attempts, or other harmful actions by third parties on our Service. We're not accountable for any interruptions in our Service or for events beyond our control, such as natural disasters, power outages, or other unforeseen circumstances.

UNLESS FORBIDDEN BY LAW, YOU AGREE TO HOLD HARMLESS DialogGPT.io AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT OR ANY VIOLATION OF LAWS AND REGULATIONS. IF DialogGPT.io IS FOUND LIABLE, ANY DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID FOR OUR SERVICES, EXCLUDING CONSEQUENTIAL OR PUNITIVE DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

20. The Guest’s/User’s Liability

Both Guests and Users are entirely responsible for any consequences arising from the distribution (whether authorized or unauthorized) of content found on our Website or Service. This responsibility extends especially to our Intellectual Property. If any claims are made against DialogGPT.io due to such distribution, the Guest or User will be responsible for addressing these claims and ensuring DialogGPT.io is not held accountable. Furthermore, Users are solely liable for any content they publish, present, send, or otherwise provide to their customers through our Service.

21. Service Breaks

DialogGPT.io does not guarantee uninterrupted access to our Service or Website at all times. We may occasionally need to introduce breaks in the operation of our Website, Service, or certain features. If we plan such breaks, we'll provide at least a 3-day notice by posting relevant information on our Website or sending an email to the address you provided during account setup. For unplanned interruptions, we'll promptly notify users by posting information on our Website or via email. By accepting these terms, you acknowledge and agree that our Service may not always be 100% reliable.

22. Personal Data Protection and Security

DialogGPT.io is committed to handling personal data with utmost care, ensuring appropriate technical and organizational security measures. For a comprehensive understanding of how we protect personal data, please refer to our Privacy Policy. We are not responsible for the data protection practices of our users' customers who utilize our Service. Additionally, we do not assume responsibility for the content and data protection practices on external websites, including those linked from our platform. We are not liable for any harm arising from visiting external websites or sharing personal data on them. We strongly recommend reviewing the data protection and privacy policies of external websites before using them, especially before sharing personal information.

23. Termination

DialogGPT.io reserves the right to terminate or suspend your Account and restrict access to our Service immediately, without prior notice or liability, at our sole discretion. This can be due to various reasons, including but not limited to, a breach of these Terms. If you wish to close your Account, you can simply stop using our Service. However, certain provisions of these Terms, which by their nature should remain in effect post-termination, will continue to apply. This includes provisions related to ownership, warranty disclaimers, indemnity, and limitations of liability.

24. Governing Law

These Terms are governed by and interpreted in line with the laws of the State of California, without considering its conflict of law principles. Any failure on our part to enforce any provision of these Terms does not waive our right to do so later. Should any provision of these Terms be deemed unenforceable or invalid by a court, the remaining provisions will continue to be in effect. These Terms represent the entire agreement between DialogGPT.io and you concerning our Service, superseding any prior or contemporaneous agreements.

25. Changes To Service

DialogGPT.io reserves the right to modify or discontinue our Service, or any service or material we offer through our Service, at our sole discretion without prior notice. We will not be held responsible if, for any reason, our Service or any part of it becomes unavailable temporarily or permanently. Occasionally, we may limit access to certain parts of our Service, or the entire Service, to users, including those who have registered accounts.

26. Amendments To Terms

DialogGPT.io may update these Terms at any time by posting the revised terms on this platform. It's your duty to periodically review these Terms. If you continue to use the Platform after we post updated Terms, it means you accept and agree to the changes. Please check this page regularly to stay informed about any modifications. By continuing to access or use our Service after revisions are made, you commit to adhering to the updated terms. If you disagree with the new terms, you should cease using our Service. If there's any conflict between these Terms and any Agreement you might have with us, the Agreement's provisions will prevail. This also applies to any changes to these Terms that are included in the Agreement.

27. Waiver And Severability

Any failure by DialogGPT.io to enforce a provision or condition in these Terms doesn't constitute a waiver of that provision or any other. If a competent court or tribunal deems any provision of these Terms to be invalid, illegal, or unenforceable, that provision will be limited or removed to the minimum extent necessary, ensuring that the remaining provisions remain in full force.

28. Acknowledgement

By utilizing the Service or any other offerings provided by DialogGPT.io, you confirm that you've read and understood these Terms of Service and consent to be bound by them.

29. Contact Us

If you need to get in touch with DialogGPT.io, please send an email to:support@dialoggpt.io.