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Last updated: 05/04/2024
1.1
These Terms of Service constitute an Agreement by and between Dualo Limited, a UK limited liability company (the "Provider"), and the individual, corporation, limited liability company, partnership, sole proprietorship, or other business entity receiving this Agreement (the "Customer").
1.2
Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms.
1.3
This Agreement is effective as of the date the Customer confirms agreement to these Terms (the “Effective Date”) by registering for an account on the Provider’s platform.
1.4
If you do not agree with all of these Terms, then you are expressly prohibited from using the Provider’s Services and you must discontinue use immediately.
1.5
Customer's use of and Provider's provision of the Services, as defined below, are governed by this Agreement.
2.1
The Agreement refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies and procedures that we may publish from time to time on the Platform.
2.2
Dualo, we, and us refer to Dualo, a trade name of Dualo Limited.
2.3
The Service refers to applications, software, products, and services provided by Dualo.
2.4
The Platform refers to Dualo’s website located at dualo.io, and all Content, Services, and products provided by Dualo at or through the Platform and its subdomains.
2.5
The User, You, and Your refer to the individual person, company, or organisation that has visited or is using the Platform or Service.
2.6
Content refers to content featured or displayed through the Platform, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Platform or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
3.1
You must provide a valid email address in order to complete the signup process.
3.2
You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.
3.3
Each login may only be used by one person — i.e. a single login may not be shared by multiple people.
3.4
You agree to (a) comply with these terms; (b) not share login details and passwords; and (c) use the Platform and Service in compliance with all applicable laws, rules and regulations.
4.1
You are responsible for keeping your account secure while you use our Service. We offer tools to help you maintain your account’s security, but the content of your account and its security are up to you.
4.2
You are responsible for maintaining the security of your account and password. Dualo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4.3
You will promptly notify Dualo if you become aware of any unauthorised use of, or access to, our Service through your account, including any unauthorised use of your password or account.
5.1
Your use of the Platform and Service must not violate any applicable laws, including copyright or trademark laws, privacy and security laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
5.2
You will not post or upload Content to Dualo if you do not have the legal rights to do so. You will also not post, upload or share Content that is considered illegal by UK law.
5.3
Dualo is allowed to delete content if it feels that violates the previous item. Or may decide to terminate your account without prior notice.
5.4
If you're using Dualo with an ‘Unlimited’ storage allowance then we’ll monitor the amount of data you're using. If we reasonably believe that your usage is exceeding what we deem to be fair usage, we may take action as set out below.
We reserve the right to; (i) further investigate your usage, (ii) impose a storage limit, (iii) suspend you from using our services.
5.5
You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with Dualo.
5.6
Use of the Services is at Your sole risk.
6.1
You retain ownership of and responsibility for all Content posted and activity that occurs under your account.
6.2
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Platform and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users at your organisation; and parse it into a search index or otherwise analyse it on our servers. This license does not grant Dualo the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
6.3
Dualo may only access Your Content with your consent and knowledge, for support or security reasons.
6.4
Dualo owns all of our Services, which we give you license to use as one of our Customers. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our Service, the Platform and all other materials will at all times vest, or remain vested, in us.
7.1
Artificial Intelligence features are provided by Dualo via third party integration(s) as optional functionality, but set to ‘On’ by default. You can request these features to be set to ‘Off’ by contacting support@dualo.io.
7.2
Use of any Dualo AI feature(s) is at your own discretion and risk. Dualo is not liable for any incorrect, inappropriate, or harmful inputs and outputs.
7.3
You specifically agree not to use Dualo AI to collect, store, process or transmit any sensitive personal information, and you shall be solely responsible for any sensitive personal information that is inadvertently submitted to any Dualo AI feature.
7.4
You acknowledge that by using Dualo AI, you agree to Dualo’s third party technology providers processing the data you submit in accordance with the data processing terms agreed between Dualo and each third party, and the privacy policy of each third party. The documents for each third party integration are available below.
Data Processing Agreement (Dualo Limited and OpenAI)
7.5
Dualo does not use your data or permit others to use your data to train the machine learning models used to provide any Dualo AI feature(s). Your use of Dualo AI does not grant Dualo any right or license to your data to train Dualo's machine learning models. AI and machine learning models can improve over time to better address specific use cases. We may use data collected from your use of Dualo AI to improve our models when you (i) voluntarily provide feedback to us such as by labelling output with a thumbs up or thumbs down; or (ii) provide us with your permission.
7.6
Dualo shall retain the ownership of any and all Intellectual Property Rights for any integration developed, as set out in the 'Ownership rights' section of this agreement.
8.1
Our pricing for the Dualo platform is available at www.dualo.io/pricing-tiers.
8.2
Our Services are billed for either on a monthly basis at the start of each month or on an annual basis at the start of each year.
8.3
Prices may change although we intend to remain competitively priced, offering value-based pricing tiers to our Customers to help you remain subscribed to the Service that is of most value for your specific needs.
8.4
Your subscription to our Services will auto-renew at the end of each month, or year for annual subscriptions, unless you notify us in advance that you would like to cancel.
8.5
You may change the number of users on your account at any time by inviting new users to start using Dualo within the application itself, or by emailing one of our team members and letting them know how many users you would like to add or remove from our Services.
8.6
By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorise for Dualo.
8.7
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Dualo any charge incurred in connection with your use of the Service.
8.8
You are responsible for providing us with a valid means of payment.
9.1
You may cancel your subscription at any time. You will be able to continue using our Service until the end of the month in which you cancel your subscription (for monthly subscriptions) or until the end of the year of Service (for annual subscriptions), before we then revoke your access to the application.
10.1
We provide the Platform and Service “as is” and “as available,” without warranty of any kind.
10.2
Dualo is allowed (at its sole discretion) to modify the features of the Service from time to time without prior notice.
10.3
Dualo does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
11.1
Except to the extent that the liability arose directly from the negligent acts or omissions of us or any of our personnel, you indemnify us and our personnel against all liability that we or any of our personnel may incur and which is caused or contributed to by, whether directly or indirectly: (i) your breach of any intellectual property rights, any warranties or data provisions; or (ii) your breach of any laws.
12.1
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Despite anything to the contrary, to the maximum extent permitted by law, (i) neither party will be liable for any consequential loss, indirect loss, special loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; (ii) a party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party; and (iii) our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Service to you, in our sole discretion, to us offering you credit equal to the amount of one month of your current subscription, which will be attributed towards your next billing cycle.
This clause will survive the termination or expiry of these Terms.
13.1
Each party agrees to use its best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process before commencing court proceedings.
13.2
In order to resolve a dispute please contact us at hello@dualo.io
13.3
If parties are unable to resolve the dispute or agree on an alternate method to resolve the dispute, the dispute may be referred by either party (by notice in writing to the other party) to arbitration in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance.
13.4
The seat of any arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom. The number of arbitrators shall be one. The costs of the arbitration will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.1
Except to the extent applicable law provides otherwise, this Agreement between you and Dualo and any access to or use of the Platform or the Service are governed by UK Law. You and Dualo agree to submit to the exclusive jurisdiction and venue of the courts located in London, the United Kingdom.
14.2
We may amend these Terms of Service from time to time. If we make any significant changes, we will notify you by sending you an email. You are bound by any changes to these Terms of Service when you use our Platform and Services after such changes have been first posted.
14.3
By using Dualo, you allow us to use your company’s name and logo on our publicly accessible website and sales materials for promotion purposes.
Dualo Limited
Address: 3rd Floor 86-90 Paul Street, London, England, EC2A 4NE
Email: hello@dualo.io
