Terms of Service - Dialogg AI

Effective Date: 01/01/2025

Welcome to dialogg.ai, a service provided by Nixxis Belgium SRL, a company incorporated under the laws of Belgium, with its registered office at 54 Avenue Louise, 1050 Brussels, Belgium (“Nixxis“, “we“, “us“, or “our“).

These Terms of Service (“Terms“) govern your access to and use of dialogg.ai, a cloud-based platform that enables businesses to deploy, manage, and analyse chatbot and voicebot interactions across various channels (the “Service“).

By accessing or using the Service, you (“Customer“, “you“, or “your“) agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1) Definitions

“Account”: The registration and identity credentials required to access and use dialogg.ai.
“Customer Data”: Any data, content, or information submitted by you or on your behalf through the Service.
“Documentation”: The technical and functional descriptions of the Service as provided or made available by Nixxis.
“User”: Any employee, contractor, or agent authorized by the Customer to use the Service.

2) Access to the Service

2.1) Provision of the Service

Subject to your compliance with these Terms, Nixxis grants you a limited, non-exclusive, non-transferable, and revocable right to access and use dialogg.ai for your internal business purposes.

2.2) Account registration

You must register an account to access the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3) Customer Obligations

3.1) Lawful Use

You agree to use the Service only in accordance with applicable laws and regulations, including data protection and privacy laws (e.g., GDPR).

3.2) Restrictions

You shall not:

Reverse engineer, decompile, or disassemble any part of the Service;
Use the Service to transmit unlawful, harmful, or abusive content;
Interfere with or disrupt the Service’s integrity or performance;
Circumvent any security or authentication mechanisms.

3.3) Third-Party Content and Services

The Service may interface with third-party systems. You are responsible for complying with the terms of such third-party services.

4) Intellectual Property

4.1) Ownership

Nixxis and its licensors own all rights, title, and interest in and to the Service, including all related software, documentation, and content, excluding Customer Data.

4.2) Feedback

Any feedback or suggestions provided by you may be used by Nixxis without restriction or compensation.

5) Customer Data

5.1) Ownership and License

You retain ownership of all Customer Data. You grant Nixxis a non-exclusive, worldwide, royalty-free license to host, store, and process Customer Data solely to provide and improve the Service.

5.2) Data Protection

Nixxis will implement appropriate technical and organizational measures to safeguard Customer Data in accordance with applicable data protection laws. Please refer to our Privacy Policy for details.

6) Confidentiality

Both parties agree to maintain the confidentiality of all information disclosed by the other party that is designated as confidential or would reasonably be considered confidential.

7) Fees and payments

7.1) Subscription

The Service is offered on a subscription basis. Subscription fees and billing terms will be defined in the applicable ordering document or pricing page.

7.2) taxes

Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes.

8) Term and Termination

8.1) Term

These Terms remain in effect until terminated by either party.

8.2) Termination for Convenience

Either party may terminate these Terms for any reason by providing thirty (30) days’ written notice.

8.3) Termination for Cause

Either party may terminate these Terms immediately if the other party materially breaches any obligation and fails to cure such breach within fifteen (15) days.

8.4) Effect for Termination

Upon termination, access to the Service will be revoked and Customer Data will be deleted in accordance with our data retention policy.

9) Warranties and Disclaimers

9.1) Warranties

Nixxis warrants that it will provide the Service in a professional and workmanlike manner consistent with industry standards.

9.2) Disclaimers

Except as expressly provided, the Service is provided “as is” and “as available.” Nixxis disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10) Limitation of Liability

To the maximum extent permitted by law:

Nixxis shall not be liable for any indirect, incidental, special, or consequential damages;
Nixxis’ s aggregate liability under these Terms shall not exceed the amount paid by you to Nixxis for the Service in the six (6) months preceding the claim.

11) Indemnification

You agree to indemnify and hold harmless Nixxis, its affiliates, and their respective officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Service or violation of these Terms.

12) Data Protection and GDPR

Nixxis acts as a data processor with respect to any personal data processed on your behalf. You are the data controller. A separate Data Processing Agreement (DPA) shall govern the terms related to personal data processing, in accordance with Article 28 of the GDPR.

13) Modifications

Nixxis may modify these Terms from time to time. We will notify you of any material changes. Continued use of the Service after changes become effective constitutes acceptance.

14) Governing Law and Despute Resolution

These Terms are governed by the laws of Belgium. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Brussels, Belgium.

15) Miscellaneous

Entire Agreement: These Terms, along with any ordering documents and our Privacy Policy, constitute the entire agreement.
Force Majeure: Neither party will be liable for failure or delay caused by circumstances beyond reasonable control.
Assignment: You may not assign these Terms without Nixxis’ s prior written consent.

Contact Us

If you have any questions regarding these Terms, please contact:

Nixxis Belgium SRL
54 Avenue Louise,
1050 Brussels, Belgium
Email: [email protected]
Website: Dialogg.ai