TERMS OF SERVICE

Terms of Service

These terms of service ("Agreement") govern your use and access of the Dialog.ai, a multilingual AI service ("Service") powered by Dialog Axiata PLC ("Dialog/We/Us/Our"). You are advised to read this Agreement carefully before using or registering for this Service or accessing any material, information or services through this Agreement.

By subscribing to this Service, You expressly indicate that You have read and understood this Agreement and hereby expressly and unconditionally agree to be bound by this Agreement. Dialog shall not be responsible or liable for any breaches of third-party agreements by any actions or operations done by You. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.

Dialog reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website without prior notice to You. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute Your acceptance of any such changes or revisions. Dialog encourages You to review this Agreement whenever You visit the Website to make sure that you understand the terms and conditions governing use of the Website.

This Agreement does not alter in any way the terms or conditions of any other written agreement You may have with Dialog for any other Service. If You do not agree to this Agreement (including any referenced policies or guidelines), please immediately unsubscribe from this Service and effectively terminate Your use of the Service.

For the purpose of clarity; “You/Your” shall mean a user who subscribed to the Services.

I. Service

This Service will provide access to an AI generated information platform through which You would be able to interact with a multilingual AI assistant in your preferred language (Sinhala, Tamil, English, or a mix of the said languages).

You would be able to request and generate content consisting of text and images.

II. Nature of the Service

You agree and acknowledge that the Service provided under this Agreement is generated by Artificial Intelligence (AI). While efforts have been made to ensure accuracy, relevance, and appropriateness, AI-generated content may contain errors, outdated information, or unintended bias. It is provided for informational purposes only and should not be relied upon as a substitute for professional advice, judgment, or independently verified sources. You would be expected to use your own discretion in such respect.

You agree to comply with the terms and conditions and the privacy policies of the service providers of Dialog listed below:

• AWS Terms and Conditions: https://aws.amazon.com/service-terms/
• AWS Privacy Policy: https://aws.amazon.com/privacy/
• GCP Terms and Conditions: https://policies.google.com/terms
• GCP Privacy Policy: https://policies.google.com/privacy
• Azure Terms and Conditions: https://www.microsoft.com/en-us/legal/terms-of-use
• Azure Privacy Policy: https://www.microsoft.com/en-us/privacy/privacystatement

You agree and acknowledge that your interactions including but not limited to Your conversation history and related content will be passed on to the above-mentioned service providers.

You agree and acknowledge that Your mobile number will be collected by Dialog in order to provide a better service.

III. Eligibility

Your use of the Service represents and warrants that you have the requisite right, authority, and capacity to enter into this Agreement under the laws of Sri Lanka. You agree to inform Us promptly if You are unable to enter into this Agreement under the laws of Sri Lanka. Inability to do so, shall automatically grant Us the right to restrict/change/terminate this Agreement at our sole discretion.

IV. Registration

You will be required to use your mobile number as a login facility.

All information provided by You shall be true and accurate. Such information shall include You agree and acknowledge that this Service is available only for smartphone users and that You are responsible for device compatibility of Your device in receiving this Service. If You seek to use the Service on behalf of another person or entity, You warrant that you have been given express authority to accept this Agreement on their behalf.

V. Subscription

You agree and acknowledge that this Service amounts to a Value-Added Service (“VAS”). The applicable subscription costs for this VAS shall be informed prior to subscription, and You shall be required to consent to respective payments in order to obtain this Service.

By subscribing to this Service, You agree to pay the applicable fees for the same, which will be charged to Your account on a recurring basis as per the subscription plan.

In the event that You request for any additional services including but not limited to any request for on demand readings, You will be charged separately for such service. The applicable rate will be notified to You prior to obtaining such service.

We may change Our subscription fee from time to time. In the event subscription prices are increased, We will give You sufficient notice of such price increase. Any price increase subject to this Agreement shall take effect on Your next renewal of the subscription. Your continued usage of the Service shall be deemed as Your confirmation and agreement to such revised and varied Subscription Costs and payment terms.

In the event the subscription costs have not been settled, We retain the right to suspend access to the Service until such payment is fully settled.

You hereby agree to bear any taxes or other levies which may be imposed at present or in the future by the Government, Provincial Council, Local Authority or any other Governmental Agency in connection with the subscription and any other fees.

You shall be entitled to a refund of the subscription costs only in the event of a malfunction in the Service and/or if the Service was not provided due to a technical error. No other reason shall be considered a valid reason for refund of any fee/cost; including but not limited to; change of mind, not used the Service, forgotten about the subscription/Service, etc. In the event the Service was activated for whatever reason without Your consent You shall be required to submit proof of same and at the sole discretion of Dialog a refund may be considered.

You will be charged based on the price and validity of the Service for which You consented and subscribed. We have provided the ability to be charged for this Service as a value addition to You, with strict terms.

We may use any information/comments/feedback provided by You to improve our Services but warrant that such information/comments/feedback provided by You shall not be used to train any AI model.

VI. Cancellation

You may cancel Your subscription at any time by sending the text message: UNREG Dialog AI to 87798 or via the Dialog selfcare app.

Any payments made by You to access the Service shall be non-refundable, except where required under prevailing law.

VII. Services

You may not use this Service for any illegal, harmful, or abusive activity, including but not limited to:

• Use this Service in a way that infringes, misappropriates or violates Dialog’s or any third-party rights;
• Modify, copy, lease, sell or distribute any of this Service for a commercial purpose;
• Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of this Service, including this model, or systems (except to the extent this restriction is prohibited by applicable law);
• Represent that the output of this Service is human generated;
• Interfere with or disrupt this Service, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations We have placed in this Service;
• Use the output to develop models that compete with this Service.

VIII. Discontinuation of the Services

Dialog may at its sole discretion decide to discontinue this Service and shall endeavor to provide advance notice to You on any such discontinuation.

IX. Termination

Dialog reserves the right to suspend or terminate Your access to this Service or delete Your account if Dialog determines at its sole discretion that:

• You have/are in breach of this Agreement;
• Your use of the Services imposes a risk to its operations or other subscribers;
• Termination/suspension is necessary to comply with the governing law.

X. Intellectual Property Rights

As between You and Dialog and to the extent permitted by the applicable law, You retain Your ownership rights in input/your personal information submitted to receive the Service.

Notwithstanding same, Dialog retains the right, title and interest to all Dialog related content. You shall not claim any right, title or interest in the Service model, our brand and logos, our APIs or any other resources which we may be using to provide this Service.

XI. Retention of Data

Your conversation history and related content will be retained by DIALOG for a period of 30 days. Thereafter the said conversation history and content will be automatically removed and will no longer be accessible.

XII. Reference to Third Party Services

In no event shall this Service make any reference to third-party services and/or products. Nor is this Service endorsed or affiliated to any third party service/product.

XIII. Disclaimer

EXCEPT TO THE EXTENT PROHIBITED BY LAW, THIS SERVICE IS PROVIDED “AS IS” AND WE AND OUR AFFILIATES, AGENTS OR ASSIGNEES MAKE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS WITH RESPECT TO THE SERVICE. WE DISCLAIM ALL WARRANTIES AS TO THE MERCHANTABILITY, FITNESS FOR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THE SERVICE AND MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF DEFECTS AND ACCURATE.

IN NO EVENT WILL DIALOG BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DIALOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, NO OTHER WARRANTY EXPRESS OR IMPLIED OR GUARANTEE GIVEN BY ANY OTHER PARTY IN RESPECT OF THE SERVICE SHALL BIND US.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND YOU SHALL NOT RELY ON THE OUTPUT AS A SOLE SOURCE OF TRUTH OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

XIV. Indemnity

You shall indemnify and hold harmless Dialog, its directors, employees, representatives, affiliates, assignees and agents from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from any and all claims, third party claims arising out of or relating to Your use of the Services, content or any violation of this Agreement.

XV. Privacy Notice

In order to provide this Service, any personal information You supply to Us when using this Service will be used, processed, stored or shared with any third parties by Us in accordance with Our Privacy Notice which is available at: https://www.dialog.lk/privacy-notice. If You do not agree with this privacy notice, please refrain from subscribing to the same.

XVI. General Terms

Compliances: You shall adhere to the Anti Bribery and Anti-Corruption clauses, Network Access clauses, Information Security and Data Protection clauses located at https://www.dialog.lk/legal or any other location determined by Dialog from time to time.

Force Majeure: Dialog shall not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, pandemic, epidemic or boycott or any act beyond the reasonable control of Dialog.

Entire Agreement: This Agreement comprises the entire agreement between you and Dialog and supersedes any prior agreements pertaining to the Service contained herein.

Effect of Waiver: The failure of Dialog to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law and Jurisdiction: This Agreement will be governed by the laws of Sri Lanka and shall be subject to the jurisdiction of the Courts of Colombo.

Term and Termination: This Agreement shall become effective at the time of execution by You. If You have violated the terms and conditions of this Agreement, Dialog shall notify You of same either in writing or electronically. Dialog has the sole discretion to terminate this Agreement at any time with or without cause. Upon the termination of this Agreement for any reason, all rights or licenses granted hereunder shall immediately terminate.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. Dialog may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.