Terms of Service
Effective Date: November 6, 2024
Welcome to Tallk! By accessing or using our application programming interfaces, software, tools, data, documentation, or website (collectively, the “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). Please read them carefully. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind that entity.
- “You” or “User” refers to the individual or entity using the Services.
- “Tallk,” “we,” “us,” or “our” refers to Tallk by 100X Labs, Inc.
- “Representatives” means Tallk’s employees, affiliates, agents, and suppliers.
- “Parties” refers to both you and Tallk collectively.
These Terms constitute the entire agreement between you and Tallk regarding your use of the Services, superseding any prior agreements.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Services. By using the Services, you consent to the collection and use of information in accordance with our Privacy Policy.
We grant you a non-exclusive, non-transferable license to access and use the Services in accordance with these Terms. All rights not expressly granted to you are reserved by Tallk.
Restrictions on Use
- Modify or copy any part of the Services without our prior written consent.
- Use the Services for illegal activities, including but not limited to violating any laws or regulations.
- Upload or distribute malicious content, such as viruses or harmful code.
- Interfere with security features of the Services or attempt to gain unauthorized access.
- Use automated tools (e.g., bots, scrapers) to access or use the Services without our permission.
- Impersonate others or misrepresent your affiliation with any person or entity.
- Reverse engineer or attempt to extract the source code of the Services.
Your Responsibilities
- User Input: You may submit content (“User Input”) to the Services. You are solely responsible for ensuring that your User Input complies with all applicable laws and these Terms.
- User Output: The Services may generate content based on your User Input (“User Output”). You are responsible for the use of User Output and must ensure it does not infringe on any third-party rights.
Rights You Grant Us
By submitting User Input, you grant Tallk a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display your User Input solely to provide and improve the Services.
Prohibited Content
- Illegal, harmful, or promotes illegal activities.
- Defamatory, harassing, or threatening.
- Obscene, pornographic, or otherwise objectionable.
- Infringing on intellectual property rights.
We reserve the right to suspend or terminate your access to the Services at any time, without notice, for any reason, including violation of these Terms.
You may terminate your use of the Services at any time by discontinuing access and deleting any associated data.
Upon termination, all rights granted to you under these Terms will cease immediately.
You may have access to confidential information of Tallk or third parties. You agree to maintain the confidentiality of such information and use it only for the purposes permitted under these Terms.
Subscriptions
Certain Services may require a subscription. By subscribing, you agree to pay all applicable fees and charges.
Payment Terms
- Billing: Fees are billed in advance and are non-refundable, except as required by law.
- Automatic Renewal: Subscriptions will automatically renew unless canceled prior to the renewal date.
- Changes to Fees: We may change fees upon 30 days’ notice. Continued use of the Services after the fee change constitutes your agreement to the new fees.
Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle.
Disclaimers
- The Services are provided “as is” without warranties of any kind.
- We do not guarantee that the Services will be uninterrupted or error-free.
Limitation of Liability
- Tallk and its Representatives will not be liable for any indirect, incidental, special, consequential, or punitive damages.
- Our total liability for any claims arising from these Terms or the Services will not exceed the amount you have paid to us in the last 12 months.
You agree to indemnify and hold harmless Tallk and its Representatives from any claims, losses, liabilities, expenses, including attorneys’ fees, arising out of your use of the Services or violation of these Terms.
Tallk’s Intellectual Property
All content and materials provided by Tallk, including but not limited to software, logos, designs, text, graphics, and data, are protected by intellectual property laws. You may not use any of Tallk’s intellectual property without prior written consent.
Feedback
If you provide feedback or suggestions (“Feedback”), you grant Tallk a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use your Feedback in any manner.
The Services may contain links to third-party websites or services. Tallk is not responsible for the content or practices of these third parties. Access them at your own risk.
We may update these Terms from time to time. Changes will be effective upon posting to our website. Your continued use of the Services after changes constitutes acceptance of the new Terms.
Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.
Arbitration
Any disputes arising under these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
- Opt-Out: You may opt out of arbitration by notifying us in writing within 30 days of accepting these Terms.
- Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in a class action lawsuit.
We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, or governmental actions.
These Terms constitute the entire agreement between you and Tallk regarding the Services and supersede any prior agreements.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If you have any questions or concerns about these Terms, please contact us at:
Email: [email protected]
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
