Terms of Service

1. Acceptance of Terms

By accessing or using the Dialeva AI Front Desk platform ("Service") operated by Ionics LLC ("Company," "we," "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Dialeva is an AI-powered virtual receptionist that answers phone calls, books appointments, sends SMS messages, and provides analytics for businesses. The Service includes a web dashboard, mobile application, API access, and related tools provided by Ionics LLC.

3. Account Registration

• You must provide accurate, complete, and current information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• You must be at least 18 years old to create an account.

4. Subscription & Billing

4.1 Free Trial

New accounts receive a 14-day free trial. A payment method is required to start, and you will be automatically charged for your selected plan when the trial ends unless you cancel beforehand. You can cancel anytime during the trial at no charge.

4.2 Paid Plans

Subscription fees are billed monthly in advance. Prices are listed on our Pricing page and may be updated with 30 days' notice. All fees are in US dollars and are non-refundable except as required by law.

4.3 Overage

If you exceed your plan's included call volume, additional calls are billed at the per-minute overage rate displayed in your account settings.

4.4 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You will retain access until that date.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Make fraudulent, deceptive, or misleading calls
• Generate spam, robocalls, or unsolicited bulk communications
• Harass, abuse, or harm any person
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service for any illegal purpose including telemarketing fraud

6. Your Data

You retain all rights to the data you provide to or generate through the Service ("Your Data"). You grant us a limited license to use Your Data solely to provide and improve the Service.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining necessary consents from your clients for call recording and data processing.

7. AI Limitations & Disclaimer

Dialeva uses artificial intelligence to process calls and generate responses. While we strive for accuracy, AI-generated responses may occasionally be incorrect, incomplete, or inappropriate. You acknowledge that:

• AI responses should not be considered medical, legal, or professional advice
• You are responsible for reviewing call logs and correcting any errors
• We are not liable for actions taken based on AI-generated information
• The AI may not handle all call scenarios perfectly

8. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice. We are not liable for service interruptions caused by factors beyond our control, including internet outages, third-party service failures, or force majeure events.

9. Intellectual Property

The Service, including its design, code, AI models, documentation, and branding, is owned by Ionics LLC and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as intended.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IONICS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Ionics LLC, its officers, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

12. Termination

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or fail to pay applicable fees. Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination, after which it may be permanently deleted.

13. Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state of Delaware, USA. You waive any right to participate in class-action lawsuits.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

15. Changes to Terms

We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. SMS Messaging Program Terms

When you provide your mobile number to a business that uses Dialeva — verbally during a phone call with the AI receptionist, or by submitting it on the business's booking form — and agree to receive text messages, you consent to receive transactional SMS from that business via Dialeva. These are non-marketing messages such as appointment confirmations, reschedule and cancellation notices, appointment reminders, and follow-up messages, including a single follow-up if the business missed your call.

• Message frequency varies, typically 1–3 messages per interaction.
• Message and data rates may apply according to your mobile carrier plan.
• Opt out at any time by replying STOP; reply HELP for help, or email hello@dialeva.com.
• Carriers are not liable for delayed or undelivered messages.
• Mobile opt-in data and consent are never shared with third parties or affiliates for marketing purposes. See our Privacy Policy and Messaging Consent Policy.