DIALIN Terms of service.

Last updated: August 2024

Introduction

Welcome to Dialin. Our mission is to create a more enlightened way of living and learning, and help you and those you connect with stay elevated through data, content, and more. We do so by providing an intuitive, unified platform and suite of services that keep your content safe, accessible and in sync. Dialin is a personal cloud storage and content management platform provided by Dialin LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our services, client software, and websites ("Services"). By using our Services, you agree to be bound by these Terms. If you reside in North America your agreement is with Dialin LLC. 

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

Your Content & Responsibilities

You retain ownership of the files, content, and data you upload to Dialin ("Your Content"). By using our Services, you grant us the necessary permissions to host, back up, and share Your Content as you direct. You are solely responsible for Your Content and must ensure you have the rights to upload it.

When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. You may need to register for an account to access the Services, and we may create an account for you so that you can interact with the Services. Our Services include a suite of apps, software products, and websites. To help you stay productive, when you use the same account to access different parts of Dialin, Your Stuff may come with you. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like organizing, commenting, sharing, searching, image thumbnails, document previews, sorting and organization, and personalization. To provide these and other features, Dialin accesses, stores, and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities 

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. Dialin may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services. Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 if you reside in the United States, and 16 if you reside anywhere else. If the law where you reside requires that you must be older in order for Dialin to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.

Account Registration

To access our Services, you may need to register an account. You are responsible for safeguarding your account credentials and keeping your information current. You agree that you are responsible for any activity that occurs under your account.

Software

You may download and use our software, which may update automatically. We grant you a limited, non-exclusive, non-transferable, revocable license to use the software solely to access our Services.

Service Usage

You may use our Services only as permitted by applicable law. You agree not to misuse our Services, including, but not limited to, unauthorized access, interference with Service operations, or violating others' rights. Any misuse may result in suspension or termination of your account.

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

  • access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;

  • make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof

  • distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof

  • market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;

  • use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

  • interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

  • incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;

  • use automated scripts to collect information from or otherwise interact with the Services;

  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

  • use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

  • any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;

  • any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;

  • any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;

LIMITATION OF LIABILITY

Dialin provides Services "as is" without warranties. You are responsible for ensuring that Your Content does not violate any laws or rights of others. Dialin will not be liable for any damages arising from your use of the Services  as expressed above.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

  • (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);

  • (II) ANY LOSS OF GOODWILL;

  • (III) ANY LOSS OF OPPORTUNITY;

  • (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR

  • (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO DIALIN WITHIN THE LAST 12 MONTHS.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;

  • ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

  • YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR

  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Indemnification

You agree to indemnify and hold harmless Dialin from any claims, liabilities, or damages arising from your breach of these Terms or your use of the Services.

Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes, and your continued use of the Services after such updates will constitute your acceptance of the new Terms.

Termination

You may stop using our Services at any time. We reserve the right to terminate your access to the Services for violations of these Terms.

Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

Contact Information

For any questions about these Terms, please contact us at seekers@dialin.io.