Terms of Service

By accessing or using DALIA (the "Service"), operated by DALIA AI PARTNERS LLC("DALIA", "we", "us", or "our") at dal-ia.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and customers of the Service. By creating an account or using any part of the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

DALIA is a conversational AI platform that provides businesses with tools including a WhatsApp Business API inbox, AI-powered agents, an internal Copilot assistant, campaign messaging, workflow automation, a knowledge base, and commerce integrations. The Service is provided on a software-as-a-service (SaaS) subscription basis.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us immediately at contacto@dal-ia.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

Each subscription account is granted to a single legal entity or individual. You may not share your account with third parties or use the Service to operate a platform that competes with DALIA.

The Service is offered on monthly and annual subscription plans (Free, Nano, Team, Starter, Growth, and Scale). Plan pricing, included usage, and overage rates are described at dal-ia.com/precios and may be updated with at least 30 days' advance notice.

Payments are processed by a licensed third-party payment provider. By subscribing, you authorize that provider to charge your selected payment method on a recurring basis at the start of each billing period. We do not store full payment card details.

Overage usage (AI conversations and Copilot messages exceeding your plan's included limits) is billed at the end of each billing cycle at the rates specified in your plan. You are responsible for monitoring your usage within the dashboard.

Annual subscriptions are billed upfront for the full year at a 20% discount. Unused time on annual plans is non-refundable except as described in our Refund Policy.

All prices are quoted in US Dollars (USD). Applicable taxes may be added at checkout depending on your billing country, as required by local law.

Certain paid plans include a 7-day free trial period. No payment method is required to start a trial. At the end of the trial period, you must provide a valid payment method to continue using the Service. If you do not add a payment method, your account will be downgraded or deactivated. We reserve the right to modify or cancel the free trial offer at any time.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Send unsolicited bulk messages, spam, or harassing communications.
• Transmit malware, viruses, or any harmful or disruptive code.
• Attempt to gain unauthorized access to the Service or its infrastructure.
• Scrape, crawl, or otherwise extract data from the Service without our written consent.
• Impersonate any person or entity, or misrepresent your affiliation.
• Use the Service in a way that violates WhatsApp's Business Policy or Meta's platform policies.
• Engage in any activity that could damage, overload, or impair the Service.

We reserve the right to suspend or terminate accounts that violate this Acceptable Use policy without prior notice.

Use of DALIA's WhatsApp-related features requires compliance with Meta's WhatsApp Business Policy and Commerce Policy. You are solely responsible for ensuring that your use of the WhatsApp Business API through DALIA complies with Meta's policies, including opt-in requirements, message template approvals, and content restrictions. DALIA is not responsible for the suspension or restriction of your WhatsApp Business Account by Meta.

DALIA AI PARTNERS LLC and its licensors own all intellectual property rights in the Service, including its software, branding, design, and documentation. These Terms do not grant you any ownership rights in the Service.

You retain ownership of all content, data, and information you upload or create through the Service ("Customer Data"). By using the Service, you grant us a limited, non-exclusive license to process and store your Customer Data solely to provide the Service to you.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

Both parties agree to keep confidential any non-public information disclosed by the other party in connection with the Service ("Confidential Information"), and to use such information only as necessary to perform obligations under these Terms.

This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that the disclosing party is given reasonable prior notice where permitted.

The obligations of confidentiality shall survive the termination of these Terms for a period of three (3) years. Upon termination, each party shall, at the disclosing party's request, return or destroy all Confidential Information in its possession.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. AI-generated content produced by the Service may contain inaccuracies and should not be relied upon as professional, legal, medical, or financial advice.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DALIA AI PARTNERS LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL DALIA AI PARTNERS LLC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DALIA IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

You agree to defend, indemnify, and hold harmless DALIA AI PARTNERS LLC and its affiliates, officers, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from (a) your use of and access to the Service, (b) your violation of these Terms, or (c) your violation of any third-party rights, including intellectual property or privacy rights.

DALIA AI PARTNERS LLC agrees to defend, indemnify, and hold harmless you from any third-party claims alleging that the Service, as provided byDALIA AI PARTNERS LLC, infringes any third-party intellectual property right, provided that you promptly notify us of such claim and cooperate in its defense. This obligation does not apply to claims arising from your Customer Data, your modifications to the Service, or your use of the Service in violation of these Terms.

You may cancel your subscription at any time through the billing settings in your account dashboard. Cancellation takes effect at the end of the current billing period; you will retain access to the Service until that date.

We may suspend or terminate your account immediately if you violate these Terms or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately. We may retain your Customer Data for up to 30 days after termination to allow for data export, after which it may be permanently deleted.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If no resolution is reached within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English and the arbitral award shall be final and binding on both parties.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) to the extent caused by circumstances beyond such party's reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or third-party service outages. The affected party shall give prompt notice to the other party and use reasonable efforts to mitigate the impact of such event.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email or a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

Entire Agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and DALIA AI PARTNERS LLC regarding the Service, and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, upon notice to you.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

If you have any questions about these Terms, please contact us at contacto@dal-ia.com.