Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Dalai, operated by Dalai Solutions AS, organization number 934 555 104 ("Dalai," "we," "us," or "our"), and govern your access to and use of the Dalaiplatform, website, and any related services (collectively, the "Services"). By creating an account or using the Services you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

1. The Services

Dalai is a software-as-a-service platform that allows businesses to build and operate AI voice and chat agents. The Services include AI voice and chat agents, billing infrastructure, and related features. We may add, modify, or remove features over time.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use the Services. The Services are intended for business use only. By using the Services you represent that you meet these requirements and that you will use the Services in compliance with all applicable laws.

3. Accounts

To use most features of the Services you must create an account and provide accurate and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use of your account or any other suspected security incident.

4. Fees, Prepaid Balance, and Payment

No subscription. There is no monthly or annual subscription fee. All features of the Services are available to every account, and you pay only for the usage described below.

Free starting credit. New workspaces may receive a free starting credit that can be used for usage fees. No payment method is required to receive or use it. The starting credit has no cash value, cannot be transferred or refunded, and we may change or discontinue the offer for new workspaces at any time.

Usage fees. Voice and chat usage is charged against your balance as your agents work, at the rates set out on our pricing page. Voice is charged per minute, and the AI model used by your agents is charged at our cost. We may change these rates with reasonable notice; changes apply to usage after they take effect.

Prepaid balance and top-ups. Usage is paid from a prepaid balance. You can top up your balance by card at any time, subject to the minimum amount shown in the Services. If you turn on automatic top-up, you authorize us to charge your payment method on file for the amount you choose whenever your balance falls below the threshold you set, until you turn it off. Your balance is kept and charged in Norwegian kroner (NOK).

Spend cap and empty balance. You may set a monthly spend cap. When your balance runs out or your spend cap is reached, your agents will not start new conversations until you top up or raise the cap. You are responsible for any usage incurred before that point.

Third-party telephony. Phone numbers and call traffic are provided by the telephony carrier you connect, such as Twilio or a SIP provider, and are billed to you directly by that carrier under its own terms. These costs are not part of the fees charged by us.

Refunds. Fees and top-ups are non-refundable except where required by law. If you believe you have been charged in error, contact us within 30 days of the charge and we will investigate in good faith.

Taxes. Fees do not include taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes applicable to your use of the Services, other than taxes based on our net income.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party right
• Build, configure, or operate voice or chat agents that impersonate real people without authorization, commit fraud, harass any person, engage in spam or unsolicited mass outreach, or place calls to jurisdictions where automated calling is prohibited
• Send messages that contain harassing, defamatory, obscene, or unlawful content
• Attempt to gain unauthorized access to the Services, other accounts, or the underlying infrastructure
• Probe, scan, or test the vulnerability of any system without our prior written consent
• Interfere with or disrupt the Services, including by sending malicious code or overloading systems
• Reverse engineer, decompile, or attempt to extract the source code of the Services
• Resell or sublicense the Services in a manner not expressly permitted by these Terms

We may suspend or terminate your account for violations of this acceptable use policy.

6. AI Disclosure and Conversation Data

AI disclosure. You must clearly inform callers and chat users at the start of each interaction that they are talking to an AI system, as required by applicable law, including the transparency obligations in the EU AI Act (Regulation (EU) 2024/1689).

Recording and processing. You are responsible for having a lawful basis, and for giving any required notices or obtaining any required consent, for recording, transcribing, and otherwise processing conversations with your callers and chat users under the GDPR and applicable national rules.

Your configuration. Dalai provides tools that can help you meet these obligations, such as a configurable first message. You are responsible for configuring your agents, including their prompts and first messages, so that your use of the Services complies with the law.

7. Intellectual Property

Our IP. The Services, including all software, designs, text, graphics, and other content provided by us, are owned by Dalai or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for as long as your account remains active.

Your content.You retain all rights to the content, prompts, configurations, and other materials you submit to the Services ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, and display Your Content solely to provide the Services to you.

Feedback. If you provide feedback or suggestions about the Services, you grant us an unlimited, irrevocable, royalty-free license to use that feedback without obligation to you.

8. Confidentiality

Each party will protect the other's confidential information using reasonable care and will use it only as needed to perform under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.

9. Termination

You may stop using the Services and close your account at any time. There is no minimum term, and no further fees are charged after you stop using the Services. We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms, failed to pay fees, or pose a security risk. On termination, your right to use the Services ends and we may delete your account data after a reasonable retention period.

10. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or that defects will be corrected. AI-generated output may be inaccurate, biased, or otherwise unsuitable for any particular purpose, and you are responsible for reviewing it before relying on it.

11. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or relating to these Terms or the Services, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to these Terms will not exceed the amounts paid by you to us in the 12 months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Dalai, Dalai Solutions AS and our officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, Your Content, or your violation of these Terms or applicable law.

13. Governing Law and Disputes

These Terms are governed by the laws of Norway, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved in the courts of Norway, and you consent to the exclusive jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. We will indicate changes by updating the "Last updated" date above and, where the changes are material, will notify you through the Services or by email. Continued use of the Services after the changes take effect means you accept the updated Terms.

15. Miscellaneous

These Terms, together with our Privacy Policy and any order forms or written agreements between us, constitute the entire agreement between you and Dalai regarding the Services. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms freely. Any notices we are required to send may be sent by email to the address on file with your account.

16. Contact

If you have any questions about these Terms, please contact us at:

Dalai Solutions AS
Organization number 934 555 104
Kaptein Roosens vei 49, 7020 Trondheim, Norway