Part A
Part A — Platform Terms
These Terms of Use ("Terms") are a binding agreement between Dialogis.ai s.r.o., ID No. 23985348, with its registered office at Sokolská 1883/8, Nové Město, 120 00 Prague 2, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague ("Dialogis", "we", "us"), and the customer who creates a workspace on, or otherwise uses, the Dialogis platform ("Customer", "you").
You accept these Terms by creating an account, clicking to accept them, signing an Order Form that refers to them, or using the Platform. If you accept on behalf of a company or another organisation, you confirm that you are authorised to bind it, and "you" means that organisation.
If we have signed a separate written agreement with you (for example an Order Form or a master services agreement), that agreement prevails over these Terms where the two conflict. Otherwise the order of precedence is: the Order Form, the Data Processing Agreement, these Terms, the Acceptable Use Policy, and the Documentation.
The Privacy Policy, the Data Processing Agreement, the Acceptable Use Policy, the AI Transparency Notice and the Sub-processor List form part of these Terms.
1. Definitions
- "Platform" means the Dialogis software-as-a-service offering: the admin studio, the website chat widget and embed code, hosted Mind pages (including on custom domains), the Channel connectors, any APIs we make available, and the Documentation.
- "AI Mind" or "Mind" means an AI assistant configured on the Platform that answers questions in text and, where enabled, voice, using Knowledge Sources and a persona defined by the Customer.
- "Persona Subject" means the natural person, if any, whose knowledge, name, likeness, communication style or voice a Mind is configured to represent.
- "Knowledge Sources" means the documents, text, audio, video, web pages, social-media posts, transcripts, prompts and other material the Customer uploads, links, records or imports to configure a Mind.
- "Customer Content" means Knowledge Sources, persona and behaviour settings, Customer branding, Conversation Data and any other data submitted to the Platform by or for the Customer, including by End Users.
- "Conversation Data" means the messages exchanged between End Users and a Mind, voice recordings and their transcripts, contact details and other information End Users provide, and the related metadata.
- "Output" means text, audio or other content generated by a Mind.
- "End User" means a person who interacts with a Mind, whether on the Customer's website, on a hosted page or through a Channel.
- "Authorised User" means an employee, contractor or other person whom the Customer allows to access its workspace.
- "Channel" means a third-party messaging service that the Customer connects to a Mind (currently Telegram, WhatsApp and Instagram).
- "Voice Clone" means a synthetic voice model created from recordings of a specific person.
- "Documentation" means the help, integration and product documentation we publish, as updated from time to time.
- "Order Form" means a written order, quotation or agreement accepted by both parties that refers to these Terms.
- "Plan" means a subscription tier (currently Starter, Creator and Authority for individual experts, and business plans agreed in an Order Form) or the Trial.
- "Trial" or "Trial Mind" means the one Mind a person may build from their own material without payment, as described in Section 4.2, whether or not it has been saved into a workspace.
- "Merchant of Record" means the payment partner that sells paid Plans to you in its own name, collects payment and taxes and issues the invoice, as described in Section 4.4; currently Stripe.
2. Eligibility and accounts
2.1 Who may use the Platform. You must be at least 18 years old and able to enter into a binding contract. The Platform is a business tool. If you use it as a consumer (a natural person acting outside your trade, business or profession), Section 22 also applies to you.
2.2 Registration. You must provide accurate, complete information when you register and keep it up to date. You can sign in with an email address and password or with a Google account through our identity provider.
2.3 Workspace and Authorised Users. Your workspace may include several Authorised Users. You are responsible for everything done in your workspace, for keeping sign-in credentials confidential, and for removing access when someone leaves. Tell us at hello@dialogislabs.com without delay if you suspect unauthorised use.
2.4 Verification. We may ask you to verify your identity or your business, in particular before enabling Voice Clones, high-volume Channels, custom domains or business plans, and we may keep a Mind unpublished until verification is complete.
2.5 Trial without an account. You may build a Trial Mind before creating an account. You accept these Terms, including Part A, when you build it, and "you" means the person who builds it. Until you save the Trial Mind into a workspace, we identify you only by a token stored in your browser; if you lose it, we cannot restore your access. Saving the Trial Mind into a workspace makes it a Mind of that workspace under these Terms.
3. The Platform
3.1 What we provide. Subject to these Terms, we give you access to the Platform to build Minds from your Knowledge Sources, test them, publish them on your website, on a hosted page or through Channels, manage conversations, hand conversations over to a human, capture leads, and view analytics.
3.2 Early access and changes. The Platform is offered as an early-access product and evolves continuously. We may add, change or remove features. Where a change materially reduces the core functionality of your Plan, we will give you at least 30 days' notice as described in Section 20, unless the change is required by law, by a security concern, or by a third-party provider.
3.3 Beta features. Features labelled beta, preview, experimental or similar are provided as-is for evaluation, may be withdrawn at any time, and are excluded from any commitments we make in Section 14.2.
3.4 Third-party models and services. Minds rely on third-party AI models and services listed in the Sub-processor List and described in the AI Transparency Notice. We may change providers or models where the replacement offers comparable capability and data protection.
3.5 Support. We provide support by email at hello@dialogislabs.com using commercially reasonable efforts. We do not commit to a specific response time or availability level unless agreed in an Order Form. We may schedule maintenance and will try to announce it in advance.
3.6 Usage limits and fair use. Each Plan has limits (for example the number of Minds, Knowledge Sources, messages, voice minutes or seats) shown in the Platform or the Order Form. We may throttle, queue or pause usage that exceeds those limits or that puts an unreasonable load on the Platform, and we may ask you to upgrade. Automated or abusive traffic may be blocked.
4. Plans, fees and payment
4.1 Prices. Prices are shown in the Platform or in your Order Form and are available in CZK, EUR and USD. Early-access prices may change as described in Section 4.7.
4.2 Trial. The Trial requires no payment card and is the only free use of the Platform. It works as follows:
- You build one Trial Mind from material that is yours to use (text you paste, documents or recordings you upload). Material about another person may be used only under Section 6.1.
- The Trial Mind answers a total number of questions (across its public page, the widget and your own testing) and lives for a limited time counted from the moment it is built. The current numbers (at the date of these Terms: 100 answers and 7 days) are shown in the Platform before you build and may be changed for future Trials.
- If you do not save the Trial Mind into a workspace, it, its public page and the material you provided are deleted when it expires.
- If you save it into a workspace, it stays yours. When the Trial expires the Mind goes quiet (it tells End Users it is out of breath and stops answering) while your workspace stays open. Upgrading to a paid Plan wakes it. If you have not upgraded within 30 days after expiry, the Trial Mind and its material are deleted; your workspace and account remain.
- Trials are limited per person and per day, and we may refuse or remove Trials that are automated, duplicated or used in breach of Section 9. Trial Minds carry the same AI disclosures as every other Mind.
4.3 Subscriptions. Paid Plans are billed in advance for each billing period (monthly unless agreed otherwise) and renew automatically for the same period until cancelled. You can cancel at any time in the Billing section of the Platform or through the billing portal of the Merchant of Record; cancellation takes effect at the end of the current billing period, and you keep access until then. Except where the law requires it or these Terms say so, fees for the current period are not refunded when you cancel.
4.4 Merchant of Record. Paid Plans are sold to you by Stripe acting as Merchant of Record through its "Sold through Link" service (the Stripe entity named as the seller in the Link purchase terms you accept at checkout; Link is Stripe's consumer brand, and the purchase appears as "Sold through Link" at checkout and on your receipt and as LINK.COM on your card statement). This means that for the purchase itself Stripe is your contractual counterparty: it collects payment, determines, charges and remits the VAT or similar taxes that apply to you, issues the invoice or receipt, and handles refunds, chargebacks and payment disputes under those purchase terms; refund requests can also be made to Link support (support.link.com), and Stripe may refund a payment itself to resolve a payment dispute. Dialogis remains the provider of the Platform and is solely responsible for the service, for these Terms and for your data; nothing in the Merchant of Record's terms reduces your rights against us under these Terms. Where these Terms give you a refund or a pro-rata credit, we instruct the Merchant of Record to pay it. We may change or end the Merchant of Record arrangement with 30 days' notice; a running subscription keeps the arrangement under which it started until it is renewed under the new one.
4.5 Payment processing. By providing a payment method at checkout you authorise the Merchant of Record to charge it for each billing period and for any agreed usage-based fees. You must keep your payment details current. If a payment fails, you will be notified by email (by the Merchant of Record and, where we send one, by us) and the charge may be retried; if it remains unpaid 14 days after that notice, we may suspend your paid features until payment is received.
4.6 Upgrades and downgrades. Upgrades take effect immediately and are charged pro rata for the rest of the billing period. Downgrades take effect at the next renewal. If a downgrade leaves your workspace above the limits of the new Plan, the excess Minds, Knowledge Sources or features may become read-only until you reduce usage or upgrade.
4.7 Price changes. We may change prices with at least 30 days' notice by email to the workspace owner (Section 23.4). The new price applies from your next renewal after the notice period. If you do not agree, cancel before the new price takes effect; continued use after that date means you accept it.
4.8 Taxes. Prices are shown excluding VAT and similar taxes unless stated otherwise; if you buy as a consumer, the total price including VAT is shown to you before you confirm the purchase (Section 22.1). The tax that applies to you is determined and added at checkout by the Merchant of Record, based on the billing country and details you provide, and is shown before you confirm. If you buy as a business, enter your business details at checkout so that the Merchant of Record can apply the treatment available to businesses in your country. Dialogis.ai s.r.o. itself is not registered for VAT; tax invoices for paid Plans are issued by the Merchant of Record. Fees under an Order Form that we invoice directly are stated without VAT. You are responsible for any taxes on your own sales to your End Users.
4.9 Invoices and disputes. Invoices and receipts for paid Plans are issued by the Merchant of Record and are available through the billing portal linked from the Billing section. Tell us about any billing error within 30 days of the invoice date and we will investigate and, where justified, have it corrected or refunded. The 30-day period does not apply to consumers, who may complain at any time under Section 22.6.
4.10 Late payment. Amounts due under an Order Form that remain unpaid after the due date bear statutory default interest under Czech law, and we may suspend the Platform after 14 days' written notice until payment is made.
5. Customer Content and Knowledge Sources
5.1 You own your content. You retain all rights in Customer Content. We claim no ownership of it. As between you and us, you own the Outputs your Minds generate to the extent that rights in AI-generated content exist under applicable law, and we assign to you any rights we may hold in them. Because Outputs are generated from language models, similar Outputs may be produced for other customers, and we do not warrant that Outputs are unique or protectable.
5.2 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, transcribe, index, embed, analyse and otherwise process Customer Content and Outputs solely (a) to provide, secure, support and maintain the Platform for you as configured by you, (b) to evaluate and improve the quality of your own Minds, including by screening questions and Outputs for sensitive topics and holding an answer for your review where you have enabled that, (c) to produce aggregated or anonymised statistics that do not identify you or any person, and (d) as required by law. We do not read Customer Content or Conversation Data for our own product development; we only ever use aggregated or anonymised data for that. We do not use Customer Content, Conversation Data or Outputs to train or fine-tune general-purpose AI models, ours or anyone else's, and we contractually require our AI providers not to do so either.
5.3 Your responsibility for content. You are solely responsible for Customer Content and for how your Minds are configured. You represent and warrant that:
- you own, or hold all licences, consents and permissions needed for, every Knowledge Source you upload, link or import, including copyright, database rights, personality rights and, where the material contains personal data, a lawful basis under data-protection law;
- material you import from websites, social networks (for example public LinkedIn posts) or other platforms is your own content, content you are licensed to use, or content that is publicly and lawfully accessible, and that the import complies with the terms of the source platform;
- Customer Content is not unlawful, defamatory, infringing, deceptive or harmful, and does not contain malware, credentials, payment card data or other secrets;
- you will not upload the confidential information of a third party without its permission.
You acknowledge that, on your instruction, we use third-party crawling and import services to fetch web pages and public posts, and that we are not responsible for the content or availability of external sources.
5.4 Personal data in Knowledge Sources. Keep personal data in Knowledge Sources to the minimum needed. Do not upload special categories of personal data (health, biometric, genetic, sex-life, political, religious or trade-union data), criminal-offence data or children's data unless you have a lawful basis and appropriate safeguards and have told us in advance. The Data Processing Agreement governs our processing of personal data on your behalf.
5.5 Backups. We back up the Platform for disaster recovery. Backups are not a substitute for your own copies. Keep originals of your Knowledge Sources.
5.6 Removal. We may remove, disable or unpublish Customer Content or a Mind that violates these Terms, the Acceptable Use Policy or the law, or that is the subject of a valid notice under Section 19. We will tell you why unless the law prevents it.
6. AI Minds, personas, likeness and voice
6.1 Who a Mind may represent. You may configure a Mind to represent only:
- your organisation (a company or brand persona);
- yourself, or an owner, employee or contractor of your organisation who has given informed consent;
- another natural person, only with that person's prior written authorisation covering the use of their name, likeness, voice, communication style and material; or
- a deceased person, only with the authorisation of those entitled to protect that person's personality rights under applicable law.
We may ask you for evidence of consent or authorisation at any time and may keep a Mind unpublished or suspend it until you provide it.
6.2 Fictional and brand personas. A Mind may use a fictional or brand persona provided it is not presented as, and is not confusingly similar to, a real person who has not authorised it.
6.3 Mandatory AI disclosure. Every Mind is an AI system and must always be presented as one. The Platform displays an AI disclosure and links to Part B of these Terms and to the Privacy Policy at the start of each conversation (a consent screen on the web, a notice on Channels, a notice before a voice call starts on the web and a spoken statement at the start of every voice call), and labels voice Output as synthetic. If you write your own opening message for voice conversations, it must say that the caller is speaking with an AI; where it does not, the Platform adds that statement before your message. You must not remove, hide, obscure, override or contradict these disclosures, and you must not configure a Mind to claim to be a human being, to deny being an AI when asked, or to imply that the Persona Subject is personally present in the conversation. Where you embed the widget on your own site or use a custom domain, the built-in disclosures must remain visible and functional. These obligations implement Article 50 of the EU Artificial Intelligence Act (Regulation (EU) 2024/1689).
6.4 Voices and Voice Clones. Stock voices from the Platform's voice catalogue may be used only inside your Minds. Voice Clones are created only on request, from recordings we arrange with you or that you provide, and only with the explicit, documented consent of the person whose voice is cloned ("Voice Consent"). The Voice Consent must identify you as the Customer, confirm that the person understands their voice will be synthesised to speak content they did not personally say, and confirm that they may withdraw consent at any time. You must provide the signed Voice Consent before we create the clone and keep it for as long as the clone exists. A Voice Clone can be used only within your workspace, cannot be downloaded, and will be deleted within 30 days after withdrawal of consent, your request, or termination. Voice Output is disclosed to End Users as AI-generated.
6.5 Names, marks and branding. You grant us a licence to display your name, logo, persona details and branding within your Minds and the Platform as you configure them, including on hosted pages and in the widget.
6.6 Human oversight. You must review how a Mind behaves before publishing it and periodically afterwards, keep its Knowledge Sources accurate, monitor conversations, correct harmful or misleading Outputs by adjusting Knowledge Sources or settings, and provide End Users with a way to reach a human (the Platform's human handoff or your own contact route). You remain responsible for what your Mind says.
6.7 Intended purpose, regulated and high-risk uses. The Platform is intended solely to answer questions from, and provide information about, your own Knowledge Sources. A Mind must not be used to make, or materially influence, decisions that produce legal or similarly significant effects on individuals, including decisions about credit, insurance, employment, education, housing, healthcare, public benefits or access to essential services. The Platform is not designed, tested or offered for any use listed in Annex III of the AI Act (including education and vocational training, employment and worker management, access to essential private or public services, law enforcement, migration and the administration of justice), and such uses are prohibited; we do not approve them. If you nevertheless deploy a Mind for such a purpose, you do so in breach of these Terms and you, not Dialogis, become the provider of a high-risk AI system under Article 25(1)(c) of the AI Act, with all the obligations that follow. Uses prohibited by Article 5 of the AI Act are never permitted. See the Acceptable Use Policy.
7. Outputs, accuracy and no professional advice
7.1 Nature of Outputs. Outputs are generated automatically from your Knowledge Sources by third-party language and speech models. They may be inaccurate, incomplete, out of date, biased, inappropriate, or invented ("hallucinated") even where relevant Knowledge Sources exist. Outputs are not statements made by the Persona Subject at the time of the conversation, and a Mind cannot make commitments on your behalf unless you configure and honour them.
7.2 No professional advice. Outputs are provided for general information only. They are not legal, medical, psychological, financial, tax, investment, insurance, safety or other professional advice, and using a Mind does not create a professional–client relationship. If your Mind operates in a field where advice is regulated, you are responsible for complying with the rules of that field, for including the disclaimers it requires, and for routing questions that need a qualified professional to one.
7.3 Verification. You must verify Outputs before relying on them or publishing them elsewhere, and you must tell End Users to do the same. The Platform's disclosures do this by default.
7.4 No exclusivity. Outputs generated for other customers may be similar to yours.
8. End Users
8.1 Your End Users. You decide who can talk to your Minds and where. You must make Part B of these Terms and the Privacy Policy available to End Users, which the Platform does through its built-in consent screen and Channel notices. If you replace them with your own end-user terms or privacy notice, yours must be at least as protective of End Users, consistent with these Terms and the DPA, and must keep the AI disclosure.
8.2 You are the controller. For Conversation Data and other personal data of your End Users, you are the controller under the GDPR and we act as your processor under the Data Processing Agreement. You must have a lawful basis for the processing, provide the required information to End Users, and handle their data-subject requests; we will assist you as described in the DPA.
8.3 Contact details and leads. A Mind may ask an End User for contact details only with a clear explanation of why and, where the law requires it, with the End User's consent. The Platform records the notice shown and the End User's response as consent evidence. You are responsible for the purposes you configure (for example forwarding to a CRM or to your sales team) and for any marketing communication that follows, which requires the opt-in that applies in the End User's country (in the Czech Republic, Act No. 480/2004 Coll.).
8.4 Channels. You connect your own Telegram, WhatsApp Business or Instagram accounts and must comply with those providers' terms and policies, including the WhatsApp Business Messaging Policy, Meta's Platform Terms and Telegram's Terms of Service. Proactive or outbound messages may be sent only with the recipient's opt-in and within the rules of the Channel. We may disconnect a Channel when the provider requires it or when it is used in breach of this Section.
8.5 Human handoff. When a conversation is handed to a human, your staff handle it. We are not party to the conversation and are not responsible for what your staff say or do.
8.6 Complaints from End Users. You will handle complaints and requests from your End Users about your Minds. Where a request concerns data we hold, forward it to us and we will assist under the DPA.
8.7 Children. Minds must not be directed at children under 16 (under 15 in the Czech Republic). If your audience may include children, you must tell us before publishing and implement the additional protections the law requires.
8.8 Bookings. If you connect a calendar service (currently Cal.com), your Mind may offer meeting times and create bookings. The End User's name, email address, time zone and the chosen time are sent to your account with that service, which confirms the booking by email under its own terms. You are the controller of that data and the calendar service is your processor under your own contract with it; we store the booking reference and the exchange with the conversation. The Mind must tell End Users who they are booking with and what for, and you must honour or cancel bookings the Mind makes.
9. Acceptable use
9.1 You must comply with the Acceptable Use Policy. In particular you must not use the Platform or any Mind to:
- break the law, infringe anyone's rights, or harm, harass, defraud, deceive or manipulate anyone;
- engage in any practice prohibited by Article 5 of the AI Act, including manipulative or exploitative techniques, social scoring, or untargeted scraping of facial images;
- impersonate a person or organisation, or misrepresent a Mind's affiliation, sponsorship or authorship;
- send spam or unsolicited messages, or violate the rules of a Channel;
- probe, scan or test the vulnerability of the Platform, circumvent security or usage limits, or access data of other customers;
- reverse engineer, copy or create derivative works of the Platform, or use it to build a competing product or to train a competing model;
- resell or provide the Platform to third parties as a service, except that you may make Minds available to your End Users; or
- upload malware or interfere with the operation of the Platform.
9.2 We may investigate suspected violations and take the measures described in Sections 5.6, 17.5 and 19.
10. Third-party services
10.1 The Platform interoperates with third-party services that you choose to connect: Channels, CRM and webhook integrations, your own website, custom domains, and payment services. Each is governed by its own terms and privacy policy. We are not responsible for their availability, changes, pricing or handling of data.
10.2 When you connect an integration, you authorise us to exchange data with it as you configure (for example to push a lead to your CRM) and to store the access tokens it issues, which we keep encrypted. You can revoke an integration at any time in the Platform; revocation deletes the stored credentials.
11. Data protection and security
11.1 Roles. We are the controller for the personal data of Customers, Authorised Users and website visitors, as described in the Privacy Policy. We are your processor for personal data contained in Customer Content and Conversation Data, under the Data Processing Agreement, which is incorporated into these Terms.
11.2 Sub-processors. We use the sub-processors listed in the Sub-processor List and will notify you at least 30 days before adding one, as described in the DPA.
11.3 Security. We host the Platform in the European Union (Google Cloud, Frankfurt), encrypt data in transit and at rest, apply access controls, logging and monitoring, and keep backups. The technical and organisational measures are described in Annex 2 of the DPA. No system is perfectly secure; you must protect your credentials and your own systems.
11.4 Where data is processed. Primary processing takes place in the EU. Some providers process data in other countries under the safeguards described in the Privacy Policy and the Sub-processor List.
11.5 Access to Customer Content. We access Customer Content only to provide the Platform, to resolve support requests you raise, to investigate abuse, fraud or security incidents, to evaluate the quality of your Minds under Section 5.2 when you ask us to, or as required by law. Automated checks (the safety systems of our model providers, rate limits and the sensitive-topic screening in Section 5.2) run on every conversation; people look at Customer Content only for the reasons in this Section. Access is limited to authorised personnel bound by confidentiality and is logged.
11.6 Export and deletion. You can export your Knowledge Sources (original files), Mind configuration, conversations and leads at any time during the term and for 30 days after termination, as described in Section 18. After that, we delete Customer Content within 30 days, and backup copies expire within a further 14 days, except for data we must keep by law.
12. Confidentiality
12.1 Each party will keep the other's confidential information confidential, use it only to perform this agreement, and protect it with at least reasonable care. Confidential information includes Customer Content, non-public information about the Platform, pricing, and anything marked or reasonably understood as confidential.
12.2 These obligations do not cover information that is or becomes public without breach, was already known to the recipient, was received lawfully from a third party without restriction, or was independently developed. A party may disclose confidential information when required by law or a court, after giving prompt notice where legally permitted.
12.3 These obligations last for the term of this agreement and five years afterwards; for trade secrets, for as long as they remain trade secrets.
13. Intellectual property
13.1 Our Platform. The Platform, the Documentation, our models' configurations, prompts, templates, software, designs and trademarks, and all improvements to them, are owned by Dialogis or its licensors. Except for the licence in Section 13.2, no rights are granted.
13.2 Licence to you. For the term of this agreement we grant you a non-exclusive, non-transferable, worldwide licence to use the Platform for your internal business purposes and to make your Minds available to your End Users, and to embed the widget and the embed code on websites you control.
13.3 Restrictions. You must not copy, modify, distribute, sell, lease, sublicense, reverse engineer or decompile the Platform, remove proprietary notices, or use the Platform beyond the scope of Section 13.2.
13.4 Feedback. If you give us suggestions or feedback, we may use them without restriction or payment, without identifying you.
13.5 Trademarks. "Dialogis" and "AI Mind" are our marks. You may not use them without our written consent, except for the "Powered by Dialogis" attribution the Platform displays.
13.6 Publicity. We will not name you as a customer in marketing without your consent. You may state that you use Dialogis.
14. Warranties and disclaimers
14.1 Mutual warranties. Each party warrants that it has the authority to enter into this agreement and will comply with the laws that apply to it.
14.2 Our warranties. We warrant that the Platform will perform materially as described in the Documentation, that we will not materially reduce the security of the Platform during a paid term, and that we will process personal data in accordance with the DPA. If the Platform does not conform, your remedy is for us to correct the non-conformity within a reasonable time or, if we cannot, to terminate the affected Plan and refund prepaid fees for the unused period.
14.3 Disclaimers. Except as stated in Section 14.2 and to the extent permitted by law, the Platform, Outputs and beta features are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including fitness for a particular purpose, non-infringement of Outputs, and that the Platform will be uninterrupted, error-free or secure. In particular we do not warrant that Outputs are accurate, complete, current or suitable for any purpose, or that a Mind will achieve any business result. We are not responsible for third-party services, Channels or Customer Content. Nothing in this Section limits the statutory rights of consumers.
15. Indemnities
15.1 By you. You will defend, indemnify and hold us and our officers, employees and contractors harmless from third-party claims, and the resulting damages, costs and reasonable legal fees, arising from (a) Customer Content or Knowledge Sources, (b) the use of a person's name, likeness, voice or material without the authorisation required by Section 6, (c) your relationship with your End Users, including their claims about Outputs, (d) your use of Channels or integrations, or (e) your breach of these Terms, the Acceptable Use Policy or applicable law. This indemnity does not apply to the extent a claim results from a defect of the Platform, our breach of these Terms or the DPA, or our negligence.
15.2 By us. We will defend you against third-party claims that the Platform, as provided by us and used in accordance with these Terms, infringes intellectual property rights valid in the European Union, and will pay the damages and costs finally awarded or agreed in settlement. This does not apply to claims arising from Customer Content, Outputs, third-party models or services, your configurations, or combinations with items not supplied by us. If a claim arises or is likely, we may obtain the right for you to continue using the Platform, modify it so it no longer infringes, or terminate the affected part and refund prepaid fees for the unused period. This Section states our entire liability for infringement claims.
15.3 Procedure. The indemnified party must promptly notify the indemnifying party of the claim, give it control of the defence and settlement (provided no settlement admits fault or imposes obligations on the indemnified party without its consent), and cooperate reasonably at the indemnifying party's expense.
16. Limitation of liability
16.1 Excluded losses. To the extent permitted by law, neither party is liable to the other for lost profits, revenue, business, goodwill or anticipated savings, loss or corruption of data (except where caused by our failure to keep the backups described in Annex 2 of the DPA), cost of substitute services, or indirect or consequential loss, however arising. We are not liable for losses caused by Outputs on which you or your End Users relied without verification, by third-party services, or by your breach of these Terms.
16.2 Cap. Each party's total aggregate liability arising out of or relating to this agreement in any 12-month period is limited to the fees paid for your Plan in the 12 months before the event giving rise to the claim, whether paid to us or to the Merchant of Record, or EUR 100 if no fees were paid for your workspace in that period. This cap applies to all claims combined, including indemnities, except those listed in Section 16.3.
16.3 What is not limited. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under Section 2898 of the Czech Civil Code: liability for harm caused intentionally or by gross negligence, for harm to a person's natural rights (including life and health), liability under product-liability law that cannot be excluded, and, if you are a consumer, any liability that consumer-protection law does not allow us to limit. Your obligation to pay fees is not limited by this Section.
16.4 Basis. The parties agree that this Section reflects a reasonable allocation of risk given the nature of AI services and the fees charged.
17. Term, suspension and termination
17.1 Term. This agreement starts when you accept these Terms and continues until terminated.
17.2 Termination by you. You may close your workspace at any time in the Platform settings (confirming with the name of your workspace) or by emailing hello@dialogislabs.com from the workspace owner's address. Your Minds go offline when the closure is requested unless you ask for a transitional period under Section 18.3; you can reverse the closure in the Platform during the retrieval period, and Section 18 governs export and deletion. A paid subscription ends at the end of the current billing period and can be cancelled as described in Section 4.3.
17.3 Termination by us for convenience. We may terminate this agreement, or close a workspace that has no paid Plan, on 30 days' notice. For a paid Plan, termination for convenience takes effect at the end of the current billing period, or earlier with a pro-rata refund of prepaid fees for the unused period.
17.4 Termination for cause. Either party may terminate immediately if the other party materially breaches this agreement and does not cure the breach within 14 days of written notice, or immediately without a cure period if the breach cannot be cured or concerns Section 6, Section 9, the Acceptable Use Policy, security, or the law. We may also terminate immediately if you become insolvent or if providing the Platform to you becomes unlawful.
17.5 Suspension. We may take a Mind, its hosted page or a Channel offline, or restrict access to your workspace or to paid features, with notice where practicable, if (a) it poses a security risk to the Platform or others, (b) it is used in breach of Section 6, Section 9 or the Acceptable Use Policy, (c) a Channel provider or an authority requires it, (d) fees are overdue after the notice in Section 4.5 or 4.10, or (e) we reasonably suspect a use prohibited by Article 5 of the AI Act. Suspension is limited in scope and duration to what is necessary, and we restore access when the cause is resolved. A suspension does not delete your Customer Content; Sections 18 and 19.3 apply.
17.6 Effect of termination. On termination your Minds go offline, your licence ends, and Sections 11.6 and 18 govern export and deletion. Fees accrued before termination remain payable. Sections that by their nature should survive (including 5.1, 5.2 as needed for deletion, 12, 13, 15, 16, 17.6, 18, 21, 22 and 23) survive.
18. Switching, export and exit
18.1 Your right to switch. In line with Regulation (EU) 2023/2854 (the Data Act), you may switch to another provider or to your own infrastructure, or stop using the Platform, at any time and without switching charges.
18.2 Export. During the term and for 30 days after the end of the transitional period under Section 18.3, or after termination if you do not ask for one (the "retrieval period"), you can retrieve your data as follows. You can download your original Knowledge Sources in the Platform at any time. In the Platform settings you can download, at any time and at no charge, a full export containing your Mind configuration (persona and behaviour settings) in JSON, your conversations (messages, voice-message and voice-call transcripts, booking records and End-User consent records) in JSON, your leads in CSV, and download links for your original Knowledge Sources; on request to hello@dialogislabs.com we provide the same export within 14 days. These are the exportable data categories and formats for the purposes of Articles 25 and 26 of the Data Act, and we assist you reasonably with the migration.
18.3 Transition. If you ask, we will keep your Minds running for a transitional period of up to 30 days from your termination notice so that you can migrate without interruption, provided any agreed fees for that period are paid. If a longer period is technically necessary we will tell you within 14 days of your request and agree an extension. You may give notice to switch at any time; we never require more than two months' notice. Switching is complete, and this agreement ends, when the transitional period (if any) has ended and your export has been made available to you.
18.4 Deletion. After the retrieval period we delete your Customer Content as described in Section 11.6. You may ask us to delete earlier.
18.5 Limits. We do not warrant that another provider will be able to use the exported data with the same functionality. The following are not exportable because they are internal to the Platform or to our providers: Voice Clone models and other third-party model artefacts, vector embeddings and search indexes, system prompts generated by the Platform, usage, billing and plan metadata, and security logs. Everything listed in Section 18.2 is exportable.
18.6 Where your data is processed. The Platform runs on Google Cloud in Frankfurt, Germany, under a contract with Google Cloud EMEA Limited (Ireland) that is subject to EU and Irish law; Google's parent company is established in the United States, so requests for access by third-country authorities cannot be excluded in principle. To prevent unlawful access from third countries we keep data in the EU region, encrypt it in transit and at rest, limit access to named personnel with multi-factor authentication, and rely on our provider's contractual commitments to challenge requests that are not lawful under EU law and to inform customers where permitted; we would inform you of any such request concerning your data unless prohibited. Which providers process your data outside the EU, and under which safeguards, is stated in the Sub-processor List. This Section provides the information required by Article 28 of the Data Act.
19. Illegal content notices and content moderation
19.1 Hosting service. Hosted Mind pages, widgets and Minds make Customer Content available to End Users. Dialogis acts as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act) for that content and does not generally monitor it. The automated tools we use are: the safety systems of our AI model providers (which may refuse to generate certain content), rate limits and abuse detection, and an automated check that flags questions on sensitive topics so that the Customer can review the Mind's answer before it is sent. Decisions to remove or restrict content are taken by people, on notice or on our own initiative, as described below.
19.2 How to report illegal content. Anyone may notify us of content they consider illegal by emailing hello@dialogislabs.com with the subject "Illegal content notice" and including: an explanation of why the content is illegal, the exact location (URL, Mind name or Channel handle), your name and email address (unless the content concerns child sexual abuse material), and a statement that you believe in good faith that the information is accurate and complete. We confirm receipt, assess the notice without undue delay, and inform you of our decision and how to challenge it.
19.3 Our measures and reasons. If we remove, disable, demote or restrict content, suspend a Mind, or restrict a workspace, we will give the Customer a statement of reasons that identifies the content, the ground (illegality or breach of these Terms), how the decision was reached, and how to complain to hello@dialogislabs.com. We handle complaints diligently and in a non-discriminatory way. Customers who repeatedly provide manifestly illegal content, and persons who repeatedly submit manifestly unfounded notices, may be suspended after a warning.
19.4 Point of contact. Our single point of contact for authorities of EU Member States, the European Commission, the European Board for Digital Services and users is hello@dialogislabs.com. We communicate in English and Czech.
19.5 Serious crimes. If we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, we will inform the competent authorities.
20. Changes to the Platform and these Terms
20.1 Changes to these Terms. We may change these Terms, the DPA, the Acceptable Use Policy and the other documents that form part of them. We will notify you of material changes at least 30 days before they take effect by email to the workspace owner, in accordance with Section 1752 of the Czech Civil Code. We change these documents only for the following reasons: changes in law, regulation or regulatory guidance; changes in our providers or in the Merchant of Record arrangement; new, changed or withdrawn features; security; clarification of wording; and price changes under Section 4.7. If you do not agree, you may terminate this agreement before the changes take effect, with a pro-rata refund of prepaid fees for the unused period; continued use after the effective date means you accept the changes. Changes that are required by law, that only add features, or that do not adversely affect you may take effect immediately.
20.2 Version history. The current and previous versions are listed at dialogislabs.com/legal.
21. Governing law and disputes
21.1 Law. These Terms and any dispute arising from them are governed by the laws of the Czech Republic, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
21.2 Talk to us first. If you have a dispute with us, contact hello@dialogislabs.com. The parties will try in good faith to resolve any dispute within 30 days before starting proceedings.
21.3 Courts. Disputes that are not resolved amicably will be decided by the courts of the Czech Republic; for business customers, the court with local jurisdiction over Dialogis's registered office has exclusive jurisdiction to the extent permitted by law.
21.4 Consumers. If you are a consumer, Section 21.3 does not deprive you of the protection of the mandatory rules and courts of the country where you live, and Section 22.5 describes out-of-court dispute resolution.
22. Additional provisions for consumers
This Section applies only if you use the Platform as a consumer.
22.1 Contract information. The service is provided by Dialogis.ai s.r.o. (details in Section 24). Paid Plans are sold to you by the Merchant of Record (Section 4.4), which is the seller of record for the purchase, shows you the total price including VAT before you confirm, and issues the invoice; its purchase terms apply to the payment, these Terms apply to the service. The service is the Plan you select, for an indefinite period with monthly billing that renews automatically until you cancel (Section 4.3). The contract is concluded in English and stored by us; you can request a copy. Part B of these Terms is also published in Czech. If you are a consumer in the Czech Republic and need a provision of Part A in Czech, email us and we will provide a translation; where information we gave you in Czech differs from the English text, the version more favourable to you applies.
22.2 Right of withdrawal. You may withdraw from a paid Plan within 14 days of purchase without giving a reason by emailing hello@dialogislabs.com (you may use the model form in Section 22.7, but you do not have to); you may also contact the Merchant of Record through the billing portal or Link support (support.link.com), citing the cooling-off period. If you withdraw, the Merchant of Record refunds, on our instruction and within 14 days of your withdrawal, everything you paid for the Plan. A proportionate amount for the days during which you had access is deducted only if, at checkout, you expressly asked us to start the service during the withdrawal period and acknowledged that you would pay for the time used; as long as our checkout does not ask you for that request, withdrawals are refunded in full. Where the service has been fully performed within the withdrawal period with your express consent, the right of withdrawal no longer applies.
22.3 Conformity. You have the statutory rights of a consumer of digital services under the Czech Civil Code, including the right to have a lack of conformity remedied and to receive necessary updates during the term. Nothing in these Terms limits those rights.
22.4 Unfair terms. If any provision of these Terms would be unfair or unenforceable towards you as a consumer, it does not apply to you and the rest of the Terms continue to apply.
22.5 Out-of-court dispute resolution. You may bring a consumer dispute to the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Czech Republic, www.coi.cz, which is the body for alternative resolution of consumer disputes in the Czech Republic, or to an equivalent body in your country of residence.
22.6 Complaints. You may complain about the service at any time at hello@dialogislabs.com or in writing to our registered office (Section 24). We confirm receipt, decide within 30 days and tell you how the complaint was resolved. Complaints that concern only the payment (charges, invoices, refunds) can also be made to the Merchant of Record through the billing portal or Link support (support.link.com), as it is the seller of record for the purchase; your rights against us are unaffected.
22.7 Model withdrawal form. Complete and return this form only if you wish to withdraw from the contract: To Dialogis.ai s.r.o., Sokolská 1883/8, Nové Město, 120 00 Prague 2, Czech Republic, hello@dialogislabs.com: I hereby give notice that I withdraw from my contract for the provision of the following service: Dialogis Plan (name of the Plan), ordered on (date). Name of the consumer, address of the consumer, email address used for the workspace, date, and signature if sent on paper.
23. General
23.1 Assignment. You may not assign or transfer this agreement without our written consent, which we will not unreasonably withhold. We may assign it to an affiliate or to a successor in a merger, acquisition or sale of assets, and will notify you.
23.2 Subcontracting. We may use subcontractors and sub-processors as described in these Terms and the DPA and remain responsible for them.
23.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party providers, internet failures, acts of authorities, natural disasters, epidemics, war or labour disputes. Payment obligations are not excused.
23.4 Notices. We send notices to the email address of the workspace owner; keep it current. You send notices to hello@dialogislabs.com or to our registered office. A notice by email is effective when it reaches the recipient's mail server, which is presumed to be the next business day after it was sent unless a delivery failure is received.
23.5 Entire agreement. These Terms, the documents they incorporate and any Order Form are the entire agreement about the Platform and replace prior discussions. If a provision is invalid, the rest remains in force and the invalid provision is replaced by a valid one closest to its intent.
23.6 No waiver. A failure to enforce a provision is not a waiver of it.
23.7 Independent parties. The parties are independent contractors. Nothing creates a partnership, agency or employment relationship.
23.8 Export and sanctions. You must not use the Platform in breach of EU or UN sanctions or export-control laws, and you confirm that you are not a sanctioned person.
23.9 Language. These Terms are written in English. If we provide a translation, the English version prevails in case of discrepancy, unless mandatory consumer law provides otherwise.
23.10 Electronic acceptance. Acceptance by clicking, by email or by using the Platform is binding in the same way as a signature.
24. Contact
Dialogis.ai s.r.o. Sokolská 1883/8, Nové Město, 120 00 Prague 2, Czech Republic ID No. (IČO): 23985348 · Data box (datová schránka): w933rn4 Email: hello@dialogislabs.com
Part B
Part B — End-User Terms
These End-User Terms apply to you if you talk to an AI Mind that runs on Dialogis, whether in a chat on a website, on a hosted page, or on Telegram, WhatsApp or Instagram. By continuing a conversation after seeing the AI notice you agree to them. If you do not agree, please do not use the chat.
B1. Who you are dealing with
The Mind you are talking to is operated by the expert or business named in the chat (the "Operator"). The Operator decides what the Mind knows, how it behaves, and what happens with your messages. Dialogis.ai s.r.o. ("Dialogis") provides the technology and processes your messages on the Operator's behalf. The Operator's name and, where available, contact details appear in the chat, on the page or profile that hosts it, or on the Operator's website. If you cannot find them, email hello@dialogislabs.com and we will help. If the Mind was built with the free trial and has not yet been saved into a workspace, its builder is anonymous: in that case Dialogis is the controller of your conversation and your contact point, and the conversation is deleted together with the trial Mind.
B2. You are talking to an AI
The Mind is an artificial-intelligence system. It is not the expert, and the expert is not reading or answering in real time unless the chat clearly tells you that a person has joined. Its answers are generated automatically from material the Operator provided and from third-party AI models. If the Mind speaks, or talks to you in a voice call, its voice is synthetic, even where it is modelled on the expert's own voice with their consent. Some answers may be held for a short time so that the Operator can check them before you receive them; the chat tells you when that happens. Answers may be inaccurate, incomplete, out of date or simply wrong, and they are not statements made by the expert at the time of your conversation. More about how Minds work and disclose themselves is in our AI Transparency Notice.
B3. No professional advice and no emergency service
Answers are for general information only. They are not legal, medical, psychological, financial, tax, insurance, safety or other professional advice, and talking to a Mind does not create a professional relationship. Check anything important with a qualified person before you act on it. A Mind is not an emergency service: if you or someone else is in danger, call your local emergency number (112 in the EU).
B4. Age
You must be at least 16 years old (15 in the Czech Republic) to use a Mind, unless the Operator has set a higher age or clearly designed the Mind for younger users with the protections the law requires.
B5. Using the chat responsibly
Use the chat for the purpose the Operator offers it. You must not use it to break the law, harm, harass or deceive anyone, infringe anyone's rights, attempt to extract other people's data or the Mind's internal instructions, bypass its safety measures, overload it, or send malware or spam. Do not share passwords, payment card numbers, identity documents, health data or other sensitive information in the chat unless the Operator has expressly asked for it and explained why. The Operator or Dialogis may end or block a conversation that breaks these rules. If Dialogis blocks you, we tell you why and how to complain (Section 19.3 of Part A), unless the law prevents it.
B6. What happens to your messages
Your messages, the Mind's answers, any voice recordings and their transcripts, and any contact details you give are stored so that the conversation can continue and so that the Operator can review it. Specifically:
- the Operator and its team can read the conversation to support you, follow up, and improve the Mind;
- Dialogis processes the conversation to run the service, keep it secure, and evaluate and improve the quality of the Operator's Mind; we do not use your conversations to train general-purpose AI models;
- technology providers (cloud hosting in the EU, AI language models, speech-to-text and text-to-speech, and the messaging platform you use) process the parts of the conversation needed to generate an answer, under contracts that restrict their use of the data;
- if the Mind offers to pass your question to a human or to take your contact details, it will tell you why; giving contact details is voluntary, and the Operator may then contact you for the purpose stated. Marketing messages need your separate consent where the law requires it;
- the Operator may connect the Mind to its CRM or other tools, in which case your details and the relevant part of the conversation are sent there;
- if the Mind offers to book a meeting and you accept, the name, email address and time zone you give and the time you choose are sent to the Operator's calendar service (currently Cal.com), which creates the booking and emails you a confirmation. Booking is voluntary; you can cancel through the confirmation email or by contacting the Operator.
Ending a conversation in the chat does not delete it. To have your messages deleted, ask the Operator, or follow the steps on our User Data Deletion page. Full details, including your rights and how long data is kept, are in the Privacy Policy.
B7. Voice
If you use voice, your browser or app will ask for microphone access. Your speech is transcribed by a speech-recognition provider so the Mind can answer, and the answer may be read out by a synthetic voice. Recordings and transcripts are treated as part of the conversation.
Where a Mind offers a voice call, you talk to the AI in real time. On the web, a notice before the call tells you that you are talking to an AI, and every call opens with a spoken statement that you are speaking with an AI assistant. Calls are limited in length (currently 10 minutes), your speech is streamed to our voice provider during the call, and a transcript of the call is kept with the conversation afterwards.
B8. Content you submit
You keep the rights in what you write or say. You give the Operator and Dialogis permission to store and process it to run the chat, generate answers, keep the service secure and for the other purposes in the Privacy Policy. Do not submit content that you do not have the right to share.
B9. Availability
The Mind may be unavailable, slow or limited because of maintenance, technical problems, usage limits or the messaging platform you use. Neither the Operator nor Dialogis guarantees uninterrupted or error-free operation, and either may change or withdraw a Mind at any time.
B10. Liability
The Operator is responsible for how the Mind is configured and for what it is used for; Dialogis is responsible for the platform. Each of them is liable to you under the law for its own part. If you are a consumer, nothing in these terms limits your statutory rights, including your right to compensation. Towards persons who are not consumers, and to the extent permitted by law, neither the Operator nor Dialogis is liable for loss caused by relying on an unverified answer, by using the chat against these terms, or by the unavailability of the chat or of third-party services.
B11. Reporting a problem
If a Mind gives a harmful or illegal answer, if you believe content is illegal, or if you think a Mind impersonates someone without permission, tell the Operator or email hello@dialogislabs.com (subject "Illegal content notice" for illegal content). Section 19 of Part A describes how we handle such notices.
B12. Governing law
These End-User Terms are governed by Czech law. If you are a consumer, you also have the protection of the mandatory rules of the country where you live, and you may bring a dispute before the courts there. Consumer disputes with Dialogis may be brought to the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz) or the equivalent body in your country. Disputes about the Operator's own services are between you and the Operator.
B13. Changes
We may update these End-User Terms as the service, the law or our providers change. The version and effective date are shown at the top of this page, and the current version is always available at dialogislabs.com/terms.
B14. Contact
Questions about a particular Mind: contact the Operator. Questions about the Dialogis platform or these terms: Dialogis.ai s.r.o., Sokolská 1883/8, 120 00 Prague 2, Czech Republic, hello@dialogislabs.com.