Terms of Use
Updated December 1 2023
Thank you for choosing CDIAL.AI and Indigenius!
These Terms of Use pertain to your utilization of CDIAL.AI's suite of services, including Indigenius, encompassing Keyboard, App, Enterprise, Tribe and Chat Bot, and other associated software applications and websites (collectively referred to as the "Services'). These Terms establish an agreement between you and CDIAL, a Nigerian company. They encompass our Service Terms and include essential provisions for dispute resolution through arbitration. Your access and use of our Services imply your acceptance of these Terms.
If you are a resident of the European Economic Area, Switzerland, or the UK, your usage of the Services is regulated by the GDPR.
Our Business Terms specifically govern the use of Indigenius Enterprise, APIs, and other services designed for businesses and developers.
For details regarding the collection and handling of personal information, please refer to our Privacy Policy. While it doesn't constitute part of these Terms, it holds significant importance and we highly recommend reviewing it.
Who We Are
CDIAL is a social enterprise and a research and deployment company. Our mission is to develop inclusive AI-powered tools to educate, bridge gaps and unlock economic potential for Africans using indigenous languages.
What We Provide
Overview of Indigenius Services
Indigenius provides a diverse range of services encompassing hardware, software applications, chatbots, and enterprise solutions. Our offerings are meticulously crafted to revolutionize linguistic diversity and accessibility, fostering an inclusive environment for African languages across various platforms.
Our services aim to empower users to communicate effortlessly in multiple African languages, with a primary focus on enabling seamless typing, generative AI, machine translation, and cultural inclusivity.
Agreement Acceptance and Parties Involved: By accessing or using Indigenius services, you agree to abide by these Terms of Use. The agreement is between the user (referred to as "you" or "user") and Indigenius, representing the registered entities, including Indigenius LLC in the United States, and CDIAL Limited and Indigenius Innovations Limited in Nigeria.
Changes to Terms: Indigenius reserves the right to modify, amend, or update these Terms of Use at its discretion. Any changes will be communicated through appropriate channels, and continued use of our services constitutes acceptance of the revised terms. We encourage users to periodically review the Terms of Use for any updates.
Registration and Access
Users must create an account to access certain features and services provided by Indigenius.
Users are required to provide accurate and complete information during registration.
Users are responsible for maintaining the confidentiality of their account credentials and are liable for all activities associated with their account.
Users must take appropriate measures to secure their accounts, including creating strong passwords and enabling two-factor authentication where available.
Users should promptly report any unauthorized access or suspicious activities related to their account to Indigenius support.
Users have the right to terminate their accounts at any time.
Indigenius reserves the right to suspend or terminate user accounts at its discretion, especially in cases of violation of Terms of Use or prohibited activities.
Users must be of legal age in their respective jurisdiction to create an account. For minors, parental consent or supervision may be required.
Parents or legal guardians are responsible for the activities and use of Indigenius services by minors under their supervision.
Using Our Services
Permissible Use
Access and use Indigenius services and products in compliance with these terms and conditions. Utilize Indigenius services for personal, educational, or business-related purposes, including content creation, communication, and educational activities.
Create and share content in accordance with applicable laws and regulations. Utilize Indigenius' features for generating, translating, and sharing content in supported languages and dialects.
Engage in lawful activities while using Indigenius services, respecting the rights of others. Employ Indigenius for educational, communication, and informational purposes within the confines of local laws.
Prohibited Activities
Accessing or using Indigenius services in any manner not explicitly permitted under these terms. Circumventing security measures or attempting to gain unauthorized access to Indigenius services or other users' accounts.
Illegal or Harmful Activities: Engaging in any unlawful, fraudulent, or deceptive practices using Indigenius services. Posting, sharing, or transmitting content that violates intellectual property rights, promotes hate speech, violence, discrimination, or any harmful activities.
Misuse of Services: Misusing Indigenius services for spamming, phishing, or transmitting malware, viruses, or any other malicious code. Interfering with the proper functioning of Indigenius services or disrupting other users' experiences.
User Conduct Guidelines
Respectful Communication: Users must engage in respectful and inclusive communication. Corporate users are expected to maintain a professional tone in their communications.
Cultural Sensitivity: Users are encouraged to be culturally sensitive in their interactions. Corporate users should consider cultural nuances when utilizing Indigenius in corporate communications.
Compliance with Laws: Abide by local, national, and international laws and regulations when using Indigenius services. Respect the rights and privacy of other users, refraining from any activity that infringes upon their rights.
Ethical Conduct: Engage in ethical conduct, respecting the diversity and cultural sensitivities of others when creating and sharing content. Refrain from engaging in activities that may cause harm, discomfort, or offense to others within the Indigenius community.
Corporate Domain
Authorized Corporate Access:Authorized corporate entities may integrate Indigenius into their internal systems for language support. Indigenius services within the corporate domain are subject to the corporate policies and guidelines.
Enterprise-Level Usage: Corporate users are expected to use Indigenius in a manner consistent with enterprise-level communication standards. The corporate domain should ensure compliance with all relevant regulations when using Indigenius.
Third Party Services
Integration Policies: Users may integrate Indigenius with third-party services where applicable. Corporate entities should review and adhere to Indigenius integration policies when integrating with third-party services.
Responsibility for Integration: Users and corporate entities are responsible for ensuring the compatibility and security of third-party integrations with Indigenius.
Content Ownership and Intellectual Property
Ownership Rights
All content provided by Indigenius, including but not limited to software, designs, text, graphics, images, videos, and logos, is the property of Indigenius and is protected by applicable intellectual property laws.
Users retain ownership rights to content they create, upload, or transmit through Indigenius services. By submitting content, users grant Indigenius a worldwide, non-exclusive, royalty-free license to use, modify, reproduce, and distribute the content for the purposes of providing and improving Indigenius services.
User-Generated Content
Users agree to grant Indigenius a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display user-generated content for the provision of Indigenius services.
Users must ensure that their content complies with applicable laws and does not infringe upon the rights of third parties. Indigenius reserves the right to remove or restrict access to any content that violates these Terms of Use or poses legal or ethical concerns.
Intellectual Property Protection
All Indigenius trademarks, patents, keyboard design, service marks, and logos used in connection with Indigenius services are trademarks or registered trademarks of Indigenius. Users agree not to use or display these marks without prior written permission from Indigenius.
Indigenius respects intellectual property rights and encourages users to report any content that infringes upon copyrights or other intellectual property rights. Indigenius will promptly investigate and take appropriate action against such violations.
Limitation of Liability
CDIAL's Payment Terms for Services:
Billing Information: Upon purchasing any Services, you must provide accurate billing details, including a valid payment method. For paid subscriptions, your payment method will be automatically charged for each agreed-upon periodic renewal until cancellation. You are accountable for all applicable taxes, which we will charge when mandated. If payment fails, we may downgrade your account or suspend access to Services until payment is received.
Service Credits: Some Services may be prepaid by acquiring service credits, subject to our Service Credit Terms.
Cancellation: You reserve the right to cancel your paid subscription at any time. Payments are generally non-refundable unless stipulated by law. These Terms comply with mandatory local laws concerning your cancellation rights.
Pricing Changes: We may occasionally revise our prices. In the event of a subscription price increase, you will receive a minimum of 30 days' notice. The updated price will take effect upon your next renewal, allowing you to cancel should you disagree with the revised price.
Termination and Suspension
Termination: You have the liberty to discontinue using our Services whenever you prefer. However, CDIAL retains the right to suspend or terminate your access to our Services or delete your account under the following circumstances:
Furthermore, we reserve the right to terminate accounts that have remained inactive for over a year without a paid subscription. In such cases, prior notice will be provided to you.
Appeals: Should you believe that the suspension or termination of your account was made in error, you have the option to appeal by contacting our Support team. We will review your appeal accordingly.
Dispute Resolution and Governing Law
In the event of any dispute, claim, or controversy arising from or relating to the use of Indigenius services, users agree to first attempt to resolve the matter informally by contacting Indigenius' support team at indigenius@cdial.co
If a resolution cannot be reached through informal means, both parties agree to attempt mediation or binding arbitration administered by an agreed-upon arbitration provider. This shall be the sole and exclusive method for resolving any disputes arising under these Terms of Use, excluding claims that require injunctive relief or fall outside the scope of arbitration.
Governing Law and Jurisdiction Details
These Terms of Use and any dispute arising from the use of Indigenius services shall be governed by and construed in accordance with the laws of Nigeria, excluding its conflicts of law principles.
Any legal action or proceeding arising from or related to these Terms of Use shall be brought exclusively in the courts located in [Lagos, Nigeria], and users consent to the jurisdiction of such courts for such purposes.
Waiver of Class Action: Users agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as a class, consolidated, or representative action.
Copyright Complaints
If you suspect that your intellectual property rights have been violated, kindly send a notification to info@cdial.co . We may remove or disable content that we believe breaches these Terms or is claimed to infringe, and may deactivate accounts of repeat infringers where necessary.
CDIAL Ltd
7, Milverton Rd, Ikoyi, Lagos
Attn: General Counsel / Copyright Agent
Written claims concerning copyright infringement must include the following details:
General Terms
Assignment: You may not transfer or assign any rights or obligations under these Terms. We reserve the right to assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor associated with our Services.
Changes to These Terms or Our Services: We constantly work on enhancing our Services and may update these Terms accordingly. These updates may be due to changes in law or regulations, security reasons, or technological advancements. We'll provide you with at least 30 days' notice of material changes impacting you via email or in-product notification. Other changes will be effective upon posting on our website. If you disagree with the changes, please discontinue using our Services.
Delay in Enforcing These Terms: Our failure to enforce a provision does not waive our right to do so later. If any part of these Terms is deemed invalid or unenforceable, the remainder will remain valid and enforceable.
Trade Controls: You must adhere to all trade laws, including sanctions and export control laws. Our Services must not be used in or for the benefit of embargoed countries or entities restricted under trade laws. Additionally, your Input must not include material or information requiring a government license for release or export.
Entire Agreement: These Terms constitute the entire agreement between you and CDIAL regarding the Services, superseding any prior or contemporaneous agreements.
Governing Law: Nigerian law governs these Terms, excluding its conflicts of laws principles. All claims arising from these Terms will be exclusively brought to the federal or state courts of Nigeria, California, except as provided in the dispute resolution section.
