Calgary, Alberta, Canada.
Last updated July 09, 2024. Effective from August 1st, 2024.
Your use of the Service is governed by the following terms of service ("Terms"). Please review the Terms carefully before using the Service. Do not use the Service if you do not accept the Terms. You can only accept these Terms if you are a business or acting on behalf of a business.
“Participants” and “Attendees” refer to any individual who accesses or uses the Services by scanning a DialogLoop Event QR Code, or through the Event URL generated by DialogLoop.
By using our Services, website, or applications, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. If you do not agree to these Terms, you may not use the Services, website, or applications. You must be at least 18 years of age to use this website and applications. By using this website and agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
DialogLoop, Inc., 262 West Ranch Pl SW, T3H 5C2 Calgary, Alberta, Canada, Company number: 1029079-3, GST number: 708312491RT0001, registered in Alberta ("DialogLoop") offers a software as a service solution provided through a cloud-based platform that enables real-time active engagement of participants at a meeting, training, workshop or event ("Event") organised by an organiser (together "Service"). The Service runs thanks to the "Underlying Systems" meaning the DialogLoop software owned by DialogLoop and DialogLoop’s licensors and used to provide the Service, including any third-party solutions, systems and networks and any software components DialogLoop may make available, via app stores or other channels, as part of or related to, the Service ("Components").
The Service can be accessed through an electronic device with internet connection by going to dialogloop.com or dialog.live ("Websites") and the DialogLoop Engage Add-in for Microsoft PowerPoint, available for free on the Microsoft Store from within PowerPoint.
The Service is free for use for up to 10 attendees/participants connecting to the Service. To use the free Service, the User must sign up using an individual email address via the Website. The Service will automatically send a connection code to the email address. The User needs to input the code in the corresponding input field. Once logged-in, the new account is created the User can create an Event. The Service offers several features corresponding to specific use cases.
The use of the Service with more than 10 attendees/participants requires the payment of a fee corresponding to the selected modules/features listed in the pricing webpage (dialogloop.com/pricing). The User only pays for the features used in the Event he has created or plans to create.
The organization that an organiser represents in agreeing to the Terms is our customer ("Customer"). The organiser represents and warrants that the organiser:
is an authorized representative of the Customer and has full legal authority to bind the Customer to these Terms;
has read and understands these Terms; and
agrees on Customer’s behalf to these Terms in their entirety.
The organiser explicitly indicates and accepts that the Service is for professional use only and that this is a business transaction to which consumer rules do not apply.
Customer cannot be a consumer and the Terms are governed by the Commercial Code.
Subject to the limitations of the chosen plan, Customer may authorize any person to be an organiser or a participant. The Customer, the Customer’s organisers and the Customer’s participants are, collectively, users of the Service ("Users").
In order for a participant to start using the Service, the participant does not need to sign up. The use of the Service is free for participants.
DialogLoop tries to ensure the Service is available on a 24/7 basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. The Customer will be able to check the availability of the Service and timing of scheduled maintenance at status.dialogloop.com.
DialogLoop may contact the Customer to send the Customer emails directly or indirectly relating to the Customer's use of the Service.
We may collect the following Customer Data that Customer or Customer’s Users submit to us through the Services or that is collected automatically:
A list of data types with their descriptions. | ||
Customer Data | Category | What does it mean |
Content data | Questions, Polls, Surveys, Word Cloud and any other Event content which Users submit via the Service in their sole discretion. | |
Collateral event data | For example, the event name, date. | |
Purchase data | DialogLoop plan and price - simply said, who bought what and billing details. | |
Payment data | Information about the payment card is not collected by DialogLoop, as payment is operated by third- party Partners. However, such data is collected directly by the payment gateway. DialogLoop doesn’t have access to this data. | |
Contact data | Such as User profile data (e.g. name, email) address data of people reaching out to us. | |
Voice | Such as recordings of support or user research calls. | |
Technical data | Data collected automatically when you use our Services, such as device data, log data, location information, cookies. | |
Customer is and continues to be the owner of all Customer Data.
To use their chosen plan, Customer (for itself and Users) grants to DialogLoop free of charge a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, disclose, perform, import and display Customer Data for the duration of the provision of the Services:
as reasonably necessary to provide, maintain, improve the Services according to the Terms incl. DialogLoop Privacy ("DialogLoop Privacy") (incl. preventing or addressing Service, security or integrity, support or technical issues);
as otherwise expressly permitted by Customer;
as reasonably necessary to protect from harm or illegal activities or to respond to an emergency which DialogLoop believes in good faith requires DialogLoop to disclose Customer Data to assist in preventing a death or serious bodily injury; and
to comply with applicable law, law enforcement or to exercise or defend legal claims.
Customer represents and warrants that it has secured all rights in and to Customer Data from the Customer’s Users as may be necessary to grant this license.
Only anonymous and aggregated Customer Data may be used for the improvement of our Services.
The Service allows Customer to set certain privacy settings to their Event. Customer Data in Events which do not require authentication is public. When authentication is required by Customer, Customer Data is only shared with:
The Customer and Customer’s Users; and
DialogLoop staff for support purposes.
DialogLoop’s use of Customer Personal Data specifically shall also be governed by DialogLoop Privacy. Please read the DialogLoop Privacy, which are hereby incorporated into and made a part of these Terms by this reference as though fully set forth herein.
Customer Data stored using the DialogLoop Services are backed up following industry standards.
Customer shall ensure that the use of the Service by the Customer and each of Customer’s organiser and participant is in compliance with these Terms. Paid plans allow Customer to set certain privacy and participant control settings (e.g. moderation).
Customer warrants that Customer has full power and authority to enter into and perform the Customer’s obligations under the Terms.
Customer shall ensure that information provided to DialogLoop as reasonably requested by DialogLoop and relating to the provision of the Services shall be accurate, complete, and up to date. Customer shall use commercially reasonable efforts to keep this information accurate, complete, and up to date.
Customer is responsible for all activity that occurs under the organiser’s account. Organiser’s access credentials shall be kept confidential and if the Customer or the Customer’s organiser knows or suspects that anyone other than the organiser knows the organiser’s access credentials, Customer shall promptly notify DialogLoop. Customer shall ensure an organiser does not assist anyone else in accessing the organiser’s account on an unauthorized basis, including by sharing, publicly offering, selling, or offering to sell the organiser’s access credentials to third parties or otherwise in breach of these Terms; create more than one account to access the Service except as expressly permitted by DialogLoop; or transfer the organiser’s account to any third party or otherwise commercially exploit the Service.
Customer shall not and shall ensure the Customer’s Users do not use the Service in contravention of these Terms, the requirements of any applicable national, state, provincial and local laws, ordinances, regulations and codes, orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any regulator that are applicable to the Users, their affiliates, the Service or any other matters relating to the subject matter of these Terms. This applies specifically, but not exclusively, to data protection or privacy laws, export control laws etc.
Customer shall not and shall ensure the Customer’s Users do not attempt to access or use the Service in a manner that may harm DialogLoop or any third party or interfere with the functionality or operation of the Service or Underlying Systems, including, but not limited to:
attempting to undermine the security or integrity of the Service or the Underlying Systems;
attempting to probe, scan or test the vulnerability of the Underlying Systems or to breach security or authentication measures;
overloading, "flooding", "mailbombing", "crashing";
misusing the Service in any way which may impair the ability of any other user to use the Service etc;
"framing", "mirroring," or otherwise incorporating any part of the Service into any other website without DialogLoop's prior written authorization.
Customer shall not and shall ensure the Customer’s organisers do not use the Service to collect from the participants any sensitive personal data or any of the following information:
social security number;
driver’s license number;
State identification card number or passport number;
financial account number;
credit, debit or other payment card number; or
security code or password.
Notwithstanding the foregoing and subject to the execution of a written Business Associate Agreement ("BAA") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") between Customer as a covered entity under HIPAA and DialogLoop, Customer may collect protected health information as
defined within the HIPAA in the content fields via the Service in their sole discretion and in accordance with the terms set forth in the BAA and these Terms.
Customer shall also ensure the Event name does not contain any personal data.
Customer shall ensure the Customer’s Data:
does not contravene any of these Terms, the requirements of any applicable national, state, provincial and local laws, ordinances, regulations and codes, orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any regulator that are applicable to the parties, their affiliates, the Service or any other matters relating to the subject matter of these Terms; especially but not limited to, requirements relating to intellectual property rights, privacy, publicity, prohibition of impersonation, libel, discrimination;
is not otherwise objectionable (i.e. abusive, threatening, sexually-explicit, inciting violence, spamming, offensive, etc.).
Customer shall notify DialogLoop without undue delay if Customer or Customer's organiser becomes aware or receives any notification of an accusation of any infringement connected to the Service.
The Service interoperates with a range of third-party service features (e.g. integrations) and may link to third-party websites or feeds that are connected or relevant to the Service (together "Third Party Services"). Where an organiser switches an integration on for their Users, the organiser is responsible for providing sufficient notices, obtaining appropriate consents, complying with all Third Party Service terms and complying with all applicable laws. Customer consents with and instructs DialogLoop to transfer data to Third -Party Services (if required to effect the Third Party Services) pursuant to applicable laws. Customer acknowledges sole responsibility for, and assumes all risk arising from, use of or integration with any Third Party Services; and adherence to their respective terms of use.
Customer agrees and acknowledges that the title to all intellectual property rights in DialogLoop, the Service, the Underlying Systems, including but not limited to all of the contents, such as text, images, audio, and the HTML used to generate the pages, is and remains the property of DialogLoop and DialogLoop’s licensors. Except as expressly set forth in these Terms, no User acquires any rights, licences, or goodwill in any of DialogLoop’s intellectual property rights. Customer shall not and shall ensure Customer’s Users do not:
alter, enhance, or make derivative works of DialogLoop, the Service, or any of the Underlying Systems;
reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Service or any of the Underlying Systems;
sell, transfer, publish, disclose, display or otherwise make available anything protected by intellectual property rights of DialogLoop and any related
products including any modifications, enhancements, derivatives, and other software and materials provided hereunder by DialogLoop or copies thereof to others in violation of these Terms;
display or use the DialogLoop name or logo in any manner without DialogLoop's prior written permission.
8.1. If a User provides DialogLoop with ideas, comments or suggestions relating to the Service or the Underlying Systems ("Feedback"), all intellectual property rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by DialogLoop.
9.1. Unless Customer requests DialogLoop not to (via an email to support@dialogloop.com), Customer agrees to grant DialogLoop the right to use and display Customer's name, logo and Feedback on the Website and in other marketing and promotional materials solely in connection with our respective activities under these Terms.
An infringement or breach of any of the obligations by a User contained in clauses 6 and/ or 7 and/ or 8 is considered a breach of the Terms and DialogLoop shall be entitled to edit (without compromising the integrity of) or remove that User’s Data and/ or unilaterally terminate that User’s access to the Service with immediate effect and/ or cancel that User’s accounts, as reasonably appropriate without any obligation on DialogLoop to refund the Customer.
Customer shall be liable for any losses or damages resulting from any infringement or breach of clauses 6 and/ or 7 and/ or 8 by the Customer and/ or the Customer’s Users. Customer agrees to indemnify, hold harmless and defend DialogLoop and its officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from any claim by a third party that arises in connection with Customer’s and/or the Customer’s Users’ use of the Service and/ or Third Party Service in contravention of these Terms.
The Parties acknowledge that monetary damages may not be a sufficient remedy for the infringement or breach of clauses 6 and/ or 7 and/ or 8 and that DialogLoop shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
Upon Customer’s payment of the fees according to the fees and payment section of the Terms, DialogLoop will grant Customer a limited, revocable, non- transferable, non-exclusive non-sublicensable licence to access and use the Service and the object code version of any Components according to these Terms. Customer may allocate or distribute the rights granted under this clause to Customer’s Users, subject to the limitations of their chosen plan.
DialogLoop shall provide the Service in accordance with these Terms and all applicable laws, in particular but not limited to laws on data protection, tax, anti- bribery, anti-corruption and anti-money laundering.
DialogLoop warrants that it has the right and necessary title to provide the Service.
DialogLoop warrants that it has full power and authority to enter into and perform its obligations under these Terms.
Due to the nature of the Service, except as provided in these Terms, the Service is provided on an 'as is' and 'as available' basis.
Specifically:
DialogLoop does not guarantee the accuracy, truthfulness, completeness, or usefulness of any data.
DialogLoop acts as a "passive conduit" of communications between Users and does not have the obligation to pre-screen any Customer Data. Any opinions, advice, statements, service, offers, or other information contained in Customer Data are those of the respective author(s) or distributor(s) and not of DialogLoop.
DialogLoop will use commercially reasonable efforts to make the Services secure, free of viruses or other harmful code, uninterrupted and error free, however, DialogLoop provides no warranty as to this.
DialogLoop makes no representation concerning the quality of the Service and does not promise that the Service will interoperate perfectly with every operating system, browser or electronic device. Every user is different, and DialogLoop does not guarantee that the Service will meet Users' needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation.
DialogLoop is not responsible for malfunctioning or inapplicability of the Service provided pursuant to these Terms due to improper use or a combination of the impact of technical equipment, software or malicious programs on Customer’s or User’s side.
Internet connection sufficient to the number of participants is vital for the smooth and seamless running of the Service - without an appropriate internet connection Users may not be able to extract full benefits of the Service. Customer is responsible for the internet connection and equipment necessary to access and use the Service. DialogLoop cannot be held responsible for malfunctioning caused by inadequate internet connection or equipment.
DialogLoop does not make any warranty or representation on the availability or quality of Third Party Services or any content in or from Third Party Service and excludes all liability in connection with them that arises due to no fault of DialogLoop. If a third party ceases to provide or ceases to make Third Party Service available on reasonable terms, or if DialogLoop so decides, DialogLoop may cease to make available that Third Party Service to Users, and Users are not entitled to any refund, discount or other compensation from DialogLoop. For the avoidance of doubt, this clause does not apply to DialogLoop’s subprocessors and service providers providing parts of the Service as such.
DialogLoop expressly disclaims any liability or claims that may arise between Users of the Service, including, but not limited to, disputes between Customer, organisers and participants. Users are solely responsible for their interactions and any disputes that arise from interactions with any of the foregoing.
Except for the obligations and warranties set out in these Terms, DialogLoop excludes and Users waive all other representations, conditions, terms, guarantees and warranties, express, implied or collateral, arising by operation of law or otherwise, including but not limited to implied warranties, terms or conditions of satisfactory quality or fitness for a particular purpose or conformance to description or sample, except to the extent such representations, conditions, terms, guarantees or warranties may not be excluded by law. To the extent that they cannot be excluded, the liability of DialogLoop for any breach is limited, at Customer’s discretion, to:
supplying the Service again; and/or
refunding the Customer for the Fees paid.
The maximum aggregate liability of DialogLoop under or in connection with the Terms or relating to the Service, whether in warranty, contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed an amount equal to the Fees paid or to be paid by the Customer under the Terms in the current 12 months. The cap in this clause includes the cap set out in clause 12.10.
DialogLoop shall not be liable to Customer for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to damages for lost profits, contracts, revenues, savings, income, business, use, data (including Customer Data), and/or goodwill arising out of or in connection with these Terms, however caused (including through negligence) and regardless of whether Customer has been informed of the possibility or likelihood of such damages arising.
For the avoidance of doubt, nothing in these Terms limits or excludes any liability of DialogLoop for death or personal injury caused by its negligence, for fraud
or for any other liability that cannot be lawfully excluded or limited under applicable law and all disclaimers and limitations of liability only apply to the maximum extent permitted by applicable law.
Customer agrees to pay the applicable fee for the Customer's chosen plan as provided in DialogLoop pricing available at dialogloop.com/pricing or, if a different fee is agreed between DialogLoop and the Customer, the Customer agrees to pay the agreed fee (the "Fee").
DialogLoop reserves the right to update DialogLoop pricing at dialogloop.com/pricing at any time at its sole discretion.
The following ways of purchasing the Service are available:
Online payment by card, Apple Pay / Google Pay and others based on your browser and location;
Bank Transfer, Wire Transfer and Email Transfer;
By contacting DialogLoop and sending DialogLoop all the information and contact details statutorily required for billing purposes (e.g. plan, trade name, registered office, ID No., VAT No., etc.). DialogLoop will then send the Customer an invoice that can be paid by card or via bank transfer. The Customer agrees to pay the Fee before the due date stipulated on the invoice (15 calendar days).
DialogLoop does not accept cheques.
In any event, the Customer agrees to pay the Fee, where applicable, before the Customer and/ or the Customer’s Users start using the Service.
DialogLoop may charge interest on overdue amounts or suspend the provision of the Services until all overdue amounts due are fully paid. Interest will be calculated from the due date to the date of payment (both inclusive) at a rate of 8% per annum (prorated on a daily basis), or the highest rate allowed by law, whichever is less.
The invoices are sent to the Customer solely by e-mail in a non-editable PDF file and considered delivered if not automatically rejected or refused by server.
DialogLoop uses Stripe.com, Wise.com and,Waveapps.com for payment processing services. By using Stripe.com, Wise.com and Waveapps.com payment processing services, Customer, or Customer’s organiser on Customer’s behalf agrees to the Stripe.com and/or Wise.com and/ or Waveapps.com Terms of service.
DialogLoop does not store any payment card information.
If Customer purchases the Services through a reseller, all payment-related terms (including, but not limited to, pricing, invoicing, billing, payment methods, and
late payment charges) will be set forth in Customer's agreement directly with such reseller and such payment-related terms will supersede any conflicting terms set forth in this clause 13. DialogLoop may suspend or terminate your or your Users access to the Services in the event of non-payment of the applicable fees to DialogLoop by the reseller, or Customer's uncured breach of the agreement.
Notwithstanding anything to the contrary, the agreement between Customer and a reseller: (i) shall not modify any of the terms set forth herein other than those portions of Section 13 related to billing and payments, and (ii) is not binding on DialogLoop.
The period of these Terms will commence on the date when Customer or Customer’s organiser accepts the Terms on our Website or Mobile App by signing up and creating an account ("Effective Date").
As our business evolves, we may change these Terms. All Customers shall be notified about any changes to the Terms through updating our website or we may message the Customers via the Service. If a Customer would like to receive notifications of material changes to the Terms via email, Customer may sign up by emailing legal@dialogloop.com with the subject "Subscribe to Terms Changes Notifications" specifying the email address they would like the notifications sent to.
Customer shall have a reasonable time specified in the notification to object to any material changes. If Customer or Customer's organiser uses the Services after the effective date of any changes, that use will constitute Customer’s acceptance of the revised Terms. If the Customer does not agree to the material changes, the Customer may terminate the relationship immediately by deleting their account. Such termination is without prejudice to any fees incurred by Customer prior to the termination.
Customer can review the most current version of the Terms at any time by visiting this page. Any material revisions to these Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change.
The free Service continues until terminated, while the paid Service has a term according to the purchased plan that may expire or be terminated. The Terms remain effective until the Service under the Terms has expired or been terminated.
A party may terminate the Service immediately if the other party breaches a material provision of these Terms and:
the breach is incurable, or
the other party does not remedy any remediable breach of a material provision of these Terms within 14 days' of receiving a written notice from the non-breaching party specifying the breach and requiring its remedy.
DialogLoop may terminate the Service immediately if:
Customer fails to pay undisputed amounts due;
any regulatory decision or governmental order requiring DialogLoop to suspend Service(s) or which is reasonably likely to result in the loss of DialogLoop's operating authority; or
in an event of bankruptcy or other cause preventing DialogLoop from providing the Service.
Either party may terminate the relationship without cause in writing with a one-month notice period (the notice period commences on the first calendar day of the month following the calendar month in which the notice of termination was delivered to the other party). If DialogLoop terminates without cause, DialogLoop shall reimburse the Customer for any unused Service pro rata.
Customer may terminate the free Service by requesting deletion of their account (support@dialogloop.com).
Notices to DialogLoop shall be sent by email to legal@dialogloop.com, or to an address that DialogLoop has specified for the purposes of this section. Unless Customer provides a separate address for notices, Customer hereby agrees that the email address Customer’s organiser provides to DialogLoop may be used for the purposes of sending notices to Customer or Customer’s organiser.
Notices under this section shall be effective upon delivery if not automatically rejected or refused by a server.
DialogLoop and Customer agree that the written form requirement is also complied with in the case of communication by email, unless the Terms or binding provisions that the Parties cannot deviate from under applicable law provide otherwise.
The Terms and an invoice, where an invoice is issued, shall constitute the entire agreement between DialogLoop and Customer with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written agreements, proposals, negotiations, representations, commitments and other communications between DialogLoop and the Customer, including but not limited to any fixed terms and conditions on any purchase orders or vendor registration forms. All prior negotiations between DialogLoop and the Customer regarding the subject matter described herein have been merged into the Terms and there are no
understandings, representations, or terms, oral or written, express or implied, regarding the subject matter described herein other than those set forth herein.
If any provision of these Terms is or becomes prohibited by law or is judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of the remainder of these Terms.
Neither DialogLoop nor the Customer may assign the Terms or any rights or obligations mentioned herein without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. However, either DialogLoop or the Customer may assign these Terms without the consent of the other party provided such assignment fulfils the following criteria:
it is to a parent, successor in interest or an Affiliate (meaning any entity with respect to which the party owns or controls, directly or indirectly, greater than fifty percent (>50%) of the outstanding voting securities, but only so long as the entity meets such requirements);
the assigning party provides written notice of such assignment to the other party; and
the party assuming obligations hereunder agrees to do so in writing and has adequate resources to meet its obligations hereunder.
Any attempted assignment not in accordance with this clause shall be null and void.
These Terms and any amendment hereto shall be binding on DialogLoop, the Customer, their successors, assigns or other transferees for the benefit of the other party and its Affiliates and their successors and assigns.
18.1. Except as expressly provided otherwise, DialogLoop or the Customer do not intend any term of these Terms to be enforceable by any third parties. DialogLoop and the Customer do not require the consent of any third party to terminate, rescind or to agree any variation, waiver or settlement in relation to it.
19.1. Unless DialogLoop or the Customer expressly waives its rights in writing no delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms. No right,
power or remedy conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
20.1. Neither DialogLoop nor the Customer shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond the reasonable control of that party. Such circumstance might be an impediment that has occurred independently of the will of the obligated party and prevents it from fulfilling its obligation if it cannot reasonably be assumed that the obligated party would divert or overcome this impediment or its consequences and that it would anticipate that impediment at the time of the beginning of its commitment.
21.1. These Terms shall not constitute or imply any partnership, joint venture, agency, fiduciary or other relationship between DialogLoop and the Customer other than the contractual relationship expressly provided for in these Terms.
22.1. All sections of these Terms relating to User obligations, confidentiality, intellectual property, disclaimers, limitation of liability, dispute resolution, compliance with laws or those sections of these Terms that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of these Terms shall so survive and continue to bind the parties for the period of time permitted under applicable law.
Where there is a dispute the aggrieved party shall notify the other party in writing of the nature of the dispute with as much detail as possible about the deficient performance of the other party. The parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to these Terms through negotiations between a director of each of the parties with authority to settle the relevant dispute.
If the dispute cannot be settled amicably within 60 days from the date on which either party has served written notice on the other of the dispute then the remaining provisions of this clause 23 shall apply.
The parties shall irrevocably submit to the exclusive jurisdiction of the Calgary, Alberta, Canada courts for the purposes of hearing and determining any dispute arising out of these Terms, if the parties cannot resolve such dispute by the procedure set out above.
These Terms and all matters arising from it and any dispute resolutions referred to above shall be governed by and construed in accordance with Canada law notwithstanding the conflict of law provisions and other mandatory legal provisions.
Clauses 23.1. and 23.2. do not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
Last updated July 09, 2024. Effective from August 1st, 2024.
DialogLoop may engage and use a selected set of vendors to process certain Customer Personal Data in connection with the Service. This page provides all information about the entity, location of processing and role of each vendor.
Prior to engaging any vendor, DialogLoop carries out due diligence to evaluate the vendor, focusing on privacy, security and other practices affecting the processing of Customer Data. DialogLoop has written agreements in place with all such vendors ensuring protection of Customer Personal Data. DialogLoop is responsible for its vendors.
As we would like to focus on our mission, we decided not to run our own infrastructure or develop all the features that we need ourselves. But DialogLoop needs a home, so we have agreed to work with the following companies and incorporated their services as an underlying, integral part of our solution.
Where the Customer is the Controller and DialogLoop is the Processor:
|
Vendor |
Purpose |
Personal data |
Location where personal data is hosted |
Data transfer safeguard |
|
Amazon Web Services, Inc. |
Infrastructure as a service |
Contact data, Content data |
USA, or other countries upon customer’s choice |
Standard Contractual Clauses ("SCC") and EU-U.S. Data Privacy Framework (“DPF”) |
|
Stripe.com |
Payment |
Contact data, Bank data, Payment data |
USA, or other countries |
Standard Contractual Clauses ("SCC") and EU-U.S. Data Privacy Framework (“DPF”) |
|
Waveapps.com |
Payment |
Contact data, Bank data, Payment data |
USA, or other countries |
Standard Contractual Clauses ("SCC") and EU-U.S. Data Privacy Framework (“DPF”) |
|
Wise.com |
Payment |
Contact data, Bank data, Payment data |
USA, or other countries |
Standard Contractual Clauses ("SCC") and EU-U.S. Data Privacy Framework (“DPF”) |