Terms of Use for Dialogic

Last Updated: October 1, 2024

Welcome to Dialogic, a tool developed, operated, and distributed by Dialogic Labs, INC. ("Dialogic"). By using our web-based tool, designed to support educators in classroom discussions, you agree to these Terms of Use ("Terms"). If you do not agree, you may not use Dialogic. We may modify these Terms from time to time without notice to you, except for material changes, which we will communicate through our platform or via email. Continued use of Dialogic following any modifications indicates your acceptance of the new Terms.

1. Use of Dialogic

You must be at least 18 years old to use Dialogic. You agree to comply with all applicable laws and regulations in connection with your use of Dialogic. You will not engage in any activity that compromises the security or functionality of Dialogic, including unauthorized access to data or systems.

2. Privacy

Our Privacy Policy, available at dialogic.live/privacy, is incorporated into these Terms. It describes how we handle the data you provide while using Dialogic. For privacy-related inquiries or reports, contact us at admin [AT] dialogic.live.

3. Intellectual Property Rights

All content on Dialogic, including texts, images, software, and logos, is owned by Dialogic or its licensors and protected by intellectual property laws. You are granted a limited, personal, non-exclusive, non-transferable license to access and use Dialogic solely for non-commercial, educational purposes. All rights not expressly granted are reserved by Dialogic and its licensors.

4. Third-Party Links

Dialogic may include links to third-party websites. We are not responsible for the content or privacy practices of these external sites, and their inclusion does not imply our endorsement.

5. Disclaimer of Warranties

Dialogic is provided "as is," without warranties of any kind, including but not limited to availability, accuracy, or fitness for a particular purpose. No oral or written information obtained by you from Dialogic will create any warranty not expressly stated herein.

6. Features

Users may activate transcription technology to facilitate the use of our Service. When activated, users consent to the recording and transcription of audio content but, in accordance with state laws, may still need to secure all-party consent from participants.

  • Audio Deletion: Audio recordings are stored securely on our servers for a limited time to facilitate transcription. Once the transcription process is complete, audio files are permanently deleted.
  • Data Anonymization: Transcriptions can be de-identified to protect student privacy. No personally identifiable information is retained.
  • Feature Control: Users have the option to activate or deactivate the transcription feature at any time.
  • User Responsibility: Users are solely responsible for complying with all applicable laws and regulations regarding the recording and transcription of audio content, including obtaining necessary consents.
  • Consent: Facilitators ought to comply with their respective state's laws. Some states permit “one-party consent” such that a person can enter a space, consent with himself or herself, and record without other people consenting, without legal ramifications. Other states, however, are “all-party consent,” such that all involved parties must consent before transcription can be used. One-party consent states comprise Alabama, Alaska, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming. Outside of the United States, Canada is a one-party consent country.

    All-party consents comprise California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana (requires notification only), New Hampshire, Oregon (One party consent for electronic conversations; two-party consent for in-person conversations), Pennsylvania, Washington, and Connecticut (Two party consent for electronic conversations; one-party consent for in-person conversations). Outside of the United States, Europe’s General Data Protection Regulation (GDPR) and other regulations require that all parties involved in a call or meeting provide explicit consent before recording. A similar all-party consent applies to Australia.

    Please consult your state's consent laws for further information, and check with administrators or relevant personnel in case you are uncertain about education law and your respective school.

7. Limitation of Liability

To the fullest extent permitted by law, Dialogic will not be liable for any indirect, special, incidental, or consequential damages arising from your use of or inability to use Dialogic. The total liability of Dialogic for all damages, losses, and causes of action will not exceed $100.00.

Further, to the fullest extent permitted by law, Dialogic will not be liable for any damages or losses arising from the use of the transcription feature, including but not limited to claims related to privacy, copyright infringement, or defamation.

8. Termination

Dialogic may terminate or suspend your access to the web-based tool at any time, with or without cause, and without prior notice.

9. General Provisions

These Terms are governed by the laws of Massachusetts State. Any disputes related to these Terms will be resolved in Massachusetts courts. These Terms constitute the entire agreement between you and Dialogic regarding its subject matter. If any provision of these Terms is deemed invalid, the remaining provisions will continue in full force and effect.