Terms of Service

These Terms govern your access to and use of Dialgem, including the website, console, APIs, SDKs, documentation and the voice AI service (together, the “Service”). The Service is provided by Achroweb Solutions, registered in [JURISDICTION OF REGISTRATION] (“Achroweb Solutions”, “we”).

By creating an account, using the Service, or clicking to accept, you agree to these Terms, our Privacy Policy, Acceptable Use Policy and, where it applies, Data Processing Addendum. If you accept for an organisation, you confirm you have authority to bind it and “you” means that organisation. If you do not agree, do not use the Service.

The Service is for businesses and professionals. You must be at least 18 and not barred from receiving services under the laws that apply to you.

Features may change, be limited or be withdrawn, and availability, pricing and limits may be adjusted with reasonable notice. We do not currently offer a service level agreement unless we agree one with you in writing. Where we mark a feature as beta or preview, it is provided as is, and you should not rely on it for critical operations.

You must give accurate registration information and keep it current. You are responsible for activity under your account, for protecting passwords and API keys, and for the people you invite and the roles you give them. Tell us promptly at security@dialgem.com if you suspect unauthorised access.

Each organisation has an owner who controls membership, billing and deletion. One person or organisation may not create accounts to avoid limits, suspension or fees.

Dialgem lets you configure an AI agent and runs a real-time pipeline of speech-to-text, a language model and text-to-speech over phone calls, SIP trunks and browser sessions. Parts of that pipeline are provided by third parties (see Subprocessors), and you may point an agent at your own provider accounts. You are bound by those providers’ terms for accounts you bring.

AI output is probabilistic. Agents can mishear, misunderstand and say things that are wrong, incomplete or inappropriate. You are responsible for your prompts, flows, tools, knowledge and transfer rules, and for testing agents before putting them in front of real people. Do not use the Service as the sole basis for decisions with legal or similarly significant effects on a person.

Not for emergencies. The Service does not support, and must not be used to place, route or replace calls to emergency services, and an agent must not be presented as able to summon emergency help.

You decide who the Service calls, what it says, and what it records. You are the one with the relationship with the people on your calls, so you are responsible for lawful use. In particular you must:

• have a lawful basis, and any required consent, to call each person and to record or transcribe the call — including two-party or all-party consent where the law requires it (see Call recording and consent);
• comply with telemarketing and calling laws where you and the called party are, such as the US TCPA and Telemarketing Sales Rule, the UK PECR and Ofcom rules, do not call lists, calling-hour limits, caller ID and number registration requirements, and rules on automated or artificial voices;
• disclose that the caller is speaking to an AI where the law or good practice requires, and honour opt-out requests immediately;
• comply with data protection and privacy law as the controller of your call data, and give the notices that law requires;
• only upload contact data you are entitled to use, and keep it accurate.

Tools in the Service (call windows, opt-out handling, retention and redaction) are aids, not legal advice and not a guarantee of compliance. We do not check that a given call is lawful, and the legal rules where you operate may be stricter than any default.

You must follow our Acceptable Use Policy. We may suspend or limit any use that we reasonably believe breaches it, is unlawful, risks harm to people, networks or our providers, or exposes us to liability — with notice where practicable, and immediately where the risk requires it.

The Service is usage-based and funded by prepaid credit. You add credit by card (and, if you turn it on, automatic recharge when your balance falls below a threshold you set) and usage is deducted from the balance at the rates shown on our Pricing page or agreed with you. Calls may be refused or stopped when credit runs out.

• Fees are stated exclusive of taxes. You are responsible for VAT, sales, GST and similar taxes except those on our income.
• Provider usage on accounts you bring yourself is billed to you by that provider, not by us.
• Credit is not a deposit, bank balance or stored-value product, earns no interest and cannot be transferred. Credit purchased is non-refundable except where law requires, where we have materially failed to provide the Service, or at our discretion; on closure of an account in good standing, ask us at hello@dialgem.com about unused balance.
• If you dispute a charge, tell us within 60 days of it appearing and we will investigate in good faith. Chargebacks without first contacting us may lead to suspension.
• We may change prices with at least 30 days’ notice, and changes apply to usage after the notice period.

You keep all rights in the content you provide and generate through the Service — prompts, flows, contact data, call audio, transcripts and outputs (“Customer Content”). You give us a limited licence to host, process, transmit and display it, and to pass it to subprocessors, solely to provide, secure and support the Service for you, and as the Privacy Policy and the DPA describe. We do not use Customer Content to train AI models.

You represent that you have the rights needed to give us that content and to have us process it. You may export or delete Customer Content through the console and API; retention follows the settings you choose.

You may give us feedback and we may use it without obligation. Aggregated, de-identified usage statistics that do not identify you or any person are ours.

Achroweb Solutions and its licensors own the Service, its software, interfaces, documentation and the Dialgem name and logos. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for your internal business purposes while these Terms apply. You may not copy, modify or reverse engineer the Service (except where law permits despite this clause), resell it as a standalone service without our written agreement, or use it to build a competing product or benchmark it for publication without our consent. Our open-source SDKs are licensed under the licence in their repositories, which governs them.

The Service depends on third-party providers for telephony, speech, language models, payments and storage. We choose them with care but do not control them, and their outages or changes can affect the Service. We may replace or add providers; changes to subprocessors are handled as the DPA describes. Links to third-party sites are not endorsements.

Each party will protect the other’s non-public information it receives and use it only to perform or exercise rights under these Terms, with at least reasonable care. This does not cover information that is public through no fault of the recipient, already known, independently developed or lawfully received from someone else, and it does not prevent disclosure required by law, with prompt notice where permitted.

The Service is provided “as is” and “as available”. To the fullest extent the law permits, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that speech recognition, language model output or synthesised speech will be accurate, or that calls will connect, be answered or be delivered.

Nothing in these Terms excludes or limits any warranty or liability that cannot be excluded or limited under the law that applies to you.

To the fullest extent the law permits:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising from these Terms or the Service, even if told of the possibility;
• our total liability arising out of or relating to the Service and these Terms in any 12-month period is limited to the greater of (a) the fees you paid us in the 12 months before the event and (b) US$100.

These limits do not apply to liability that cannot lawfully be limited, including for death or personal injury caused by negligence, fraud, or wilful misconduct, and they do not limit your obligation to pay fees or your liability under the indemnity below.

You will defend and indemnify Achroweb Solutions, its affiliates, officers and staff against third-party claims, and the resulting losses, damages, fines and reasonable costs, arising from (a) Customer Content, (b) calls you place or receive, including claims that you lacked consent or breached calling, recording or privacy law, or (c) your breach of these Terms or the Acceptable Use Policy. We will tell you promptly of a claim, let you control the defence (without settling in a way that binds us without our consent) and give reasonable help at your cost.

These Terms apply until ended. You may stop using the Service and close your account at any time. We may suspend or terminate access for material breach not cured within a reasonable period after notice, immediately for conduct that is unlawful, harmful or violates the Acceptable Use Policy, for non-payment, or if we discontinue the Service (with reasonable notice and, where we end the Service for convenience, a refund of prepaid credit that is unused).

On termination your right to use the Service ends. Export what you need beforehand; we will delete or anonymise Customer Content as the Privacy Policy and DPA describe. Sections that by nature should survive — including fees owed, IP, disclaimers, liability, indemnity and governing law — survive.

These Terms and any dispute arising from them or the Service are governed by the laws of [GOVERNING LAW], without regard to its conflict-of-laws rules. The [COURTS OR ARBITRATION SEAT] have exclusive jurisdiction, except that either party may seek urgent injunctive relief from any competent court to protect its intellectual property or confidential information. If you are a consumer with mandatory local rights, those rights remain.

Please contact legal@dialgem.com first and give us 30 days to resolve a dispute informally.

• Changes.We may update these Terms. We will give at least 30 days’ notice of material changes by email or in the console; continuing to use the Service afterwards is acceptance. If you object, you can stop using it.
• Entire agreement. These Terms with the documents they reference and any order form are the whole agreement and replace earlier discussions. Where an order form or signed agreement conflicts, it prevails for that subject.
• Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or successor.
• Force majeure. Neither party is liable for failure caused by events beyond its reasonable control, including carrier or provider outages, internet failures, and acts of government.
• Export and sanctions. You will not use the Service in breach of export control or sanctions law, or if you are on a restricted-party list.
• Severability and waiver. If a provision is unenforceable the rest stays in force. Not enforcing a right is not a waiver of it.
• Notices. We may notify you by email, in the console or on our site. Notices to us go to legal@dialgem.com and Achroweb Solutions, [REGISTERED ADDRESS].