1. Agreement
These Terms of Service ("Terms") are a binding agreement between Thorium DC, LLC ("Dialnox," "we," "us," or "our") and the individual or entity accessing or using our website or services ("you" or "Customer"). By using Dialnox, you agree to these Terms and our Privacy Policy.
If you use Dialnox on behalf of an organization, you represent that you have authority to bind that organization.
2. Services
Dialnox provides a cloud-based AI voice and telecommunications platform that may include voice agents, call routing, integrations, analytics, and related operational tools. Features vary by plan, configuration, and availability.
We may modify, suspend, or discontinue features with reasonable notice where practicable.
3. Accounts & Authorization
You are responsible for maintaining accurate account information, safeguarding credentials, and all activity under your account. You must promptly notify us of unauthorized access.
4. Customer Responsibilities
You agree that you and your users will:
- Comply with all applicable laws, including telecommunications, privacy, marketing, and consumer protection requirements.
- Obtain all required notices and consents before recording, monitoring, or using AI in customer interactions.
- Use Dialnox only for lawful business purposes and in accordance with our Acceptable Use Policy.
- Ensure AI voice employees are configured with accurate business information and appropriate guardrails.
5. Fees & Payment
Paid plans, usage charges, and billing terms are described in your order form, subscription agreement, or pricing page. Fees are non-refundable except as required by law or expressly stated in writing.
We may suspend services for overdue payments after reasonable notice.
6. Intellectual Property
Dialnox and its licensors retain all rights in the platform, software, documentation, branding, and related materials. You receive a limited, non-exclusive, non-transferable right to use the services during an active subscription.
You retain ownership of your content and data submitted to the platform, subject to the license needed for us to provide the services.
7. Confidentiality & Data
Each party may receive confidential information from the other. The receiving party will use reasonable care to protect it and use it only for purposes of the relationship. Additional data processing terms may be set out in a Data Processing Addendum or enterprise agreement.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALNOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AI-generated responses may be inaccurate or incomplete. You are responsible for reviewing outputs, configuring guardrails, and supervising use in regulated or high-risk contexts.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIALNOX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DIALNOX FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You will defend and indemnify Dialnox against claims arising from your use of the services, your content, your violation of law, or your breach of these Terms, except to the extent caused by our gross negligence or willful misconduct.
11. Termination
Either party may terminate for material breach not cured within a reasonable period after notice. We may suspend access immediately for security risks, unlawful use, or non-payment.
Upon termination, your right to access the services ends, and we may delete data according to our retention policies and applicable law.
12. Governing Law
These Terms are governed by the laws of the District of Columbia and applicable United States federal law, without regard to conflict of law principles. Disputes will be resolved in courts located in Washington, DC, unless otherwise required by law.
13. Contact
Thorium DC, LLC
1717 N St NW, Washington, DC 20036
Email: sales@dialnox.com