Greetings from TalkBae!
It’s a pleasure to welcome you aboard. By leveraging the TalkBae application and its encompassing features, content, and services ("Services") accessible through our dedicated website and tailored mobile apps for both Android and iOS, you enter into a binding agreement governed by the following Terms of Service ("Terms").
Prior to engaging with our Services, we urge you to peruse these Terms with due diligence.
In these Terms, "TalkBae," "our," or "we" signifies the innovative software entity responsible for bringing TalkBae to life.
The term "device" captures any technological tool through which you interact with our Services, spanning computers, smartphones, to tablets.
The user of our Services is referenced herein as "you."
Your registration for, access to, or use of our Services constitutes your consent to be legally bound by these Terms, inclusive of all overarching laws and regulatory requirements. Utilization of our Services signifies your assent to these Terms. Should these Terms not resonate with you, we ask that you abstain from utilizing our Services.
Any inquiries or communications pertaining to your use of the Services or these Terms should be directed to our official channel at chatbot3app@gmail.com.
ATTENTION: An arbitration clause is embedded within these Terms. You and TalkBae mutually agree, with certain exceptions as detailed within the arbitration clause, to settle any disputes arising out of these Terms or the use of our Services exclusively through mandatory binding arbitration, thereby renouncing any entitlement to partake in collective legal actions or arbitrations.
1. Our Services
TalkBae offers a personal chatbot service through a text and voice interface.
1.1. Medical disclaimer
TalkBae is a provider of software and content designed to improve your mood and emotional wellbeing. However we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services or other professional services. Only your physician or other healthcare providers can do that.
1.2. Emergencies
Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.
If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.
1.3. Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TalkBae will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.
2.Subscriptions
2.1. Subscription Enrollment:
Enrolling in a TalkBae subscription provides you with continuous access to premium features that aim to enrich your interaction with the app. The process is designed to be seamless and transparent, ensuring that from the moment you choose to subscribe, you are fully informed about the service you will receive. The initial subscription begins with the acceptance of the payment and will be renewed automatically at the specified interval for your chosen plan.
Once you become a ff Member, you can choose one of the subscription programs offered in TalkBae:
a.“Free Use”: a free-of-charge program, which gives limited access to the Services. The “Free Use” is aimed at users who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our own discretion.
b.“TalkBae Pro”: a subscription-fee based program, which gives full access to the Services.
You can become a subscriber to a paid subscription program (b) or (the “Paid Subscriptions”) by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store).
2.2. Renewal and Cancellation:
Your subscription is set to auto-renew, reflecting our commitment to provide uninterrupted service. However, we understand the need for flexibility, which is why you have the power to manage your subscription settings. If you decide that TalkBae is not for you, cancellation can be done through your account settings, effective at the end of the current billing cycle. It is important to process cancellations in a timely manner, as the responsibility to discontinue the service lies with you, the user.
2.3. Refund Policy:
We pride ourselves on offering a service that meets your expectations. If at any point you feel that TalkBae has not met these expectations, we offer a clear refund policy. Subscriptions to TalkBae are generally non-refundable, and we do not offer refunds for partially used periods. However, we will consider exceptions in extraordinary circumstances, where a case may be reviewed on its own merits. Our goal is to ensure that every interaction with TalkBae is positive, even when the outcome is not as anticipated.
You may cancel a Paid Subscription and downgrade to “Free Use” at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.
Please note that if you purchase a Paid Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.
If you purchase a Paid Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
2.4. Device requirements
To enjoy we via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google and Apple App marketplaces.
3.Conditions of use
3.1.Prohibited User Conduct on TalkBae
You bear full responsibility for all forms of content—whether it be code, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials—that you decide to upload, post, display, email, or otherwise transmit through the Services. TalkBae prohibits illegal content or the unlawful use of the Services. We will enforce our rights to prevent such violations and will act decisively against any user who breaches these terms. Actions we may take include but are not limited to removing the prohibited content from the Services, suspending or terminating the accounts of offenders, and reporting such activities to law enforcement. You must refrain from engaging in the use of the Services in any manner that is unlawful or prohibited by the terms set forth by TalkBae.You agree to not use the Services to:
a. Intellectual Property Violations: Uploading, sharing, or disseminating any content that infringes upon intellectual property rights, including copyrighted or trademarked material that you do not have permission to distribute.
b. Privacy Breaches and Security Risks: Introducing any software viruses, or engaging in activities that compromise the functionality of TalkBae, violate the privacy of others, or pose security risks.
c. Unlawful Communications: Engaging in advertising, spamming, sending unauthorized or unsolicited messages, running contests, sweepstakes without our express consent, or any communication that is fraudulent, misleading, or in violation of applicable laws.
d. Inappropriate Content: Posting or sharing excessively violent, defamatory, vulgar, obscene, pornographic, or libelous content, or content that invades someone's privacy or is otherwise deemed objectionable by TalkBae at its sole discretion.
e. Service Disruption: Interfering with or disrupting the normal operation of TalkBae, its servers, or network connections, or disobeying any requirements or regulations of networks connected to TalkBae.
f. Illegal Activities: Any conduct that violates local, state, national, or international law, including but not limited to impersonating others, soliciting personal information from minors, or promoting criminal activities.
g. Unauthorized Data Harvesting: Collecting users' personal information, such as email addresses or contact details, from TalkBae without consent, especially for sending unsolicited communications.
h. Misuse of Services for Commerce: Advertising or offering to sell or buy goods and services not expressly authorized by TalkBae, or using the service for any unauthorized commercial purposes.
i. Promotion of Illegal Acts: Providing information about illegal activities, encouraging criminal actions, or fostering the creation or growth of criminal enterprises.
j. Unauthorized Access: Attempting to access any portion of TalkBae or its user data that you are not expressly authorized to access, or trying to bypass any of the app’s security features.
3.2. Age Restriction:
The services provided by TalkBae are not intended for individuals under the age of 18. By agreeing to these Terms, you represent and warrant that you are at least 18 years old. If you are under this age, please discontinue use immediately. We reserve the right to terminate accounts and refuse service to users we believe are under the age of 18.
3.3. Account Responsibilities:
Users are responsible for maintaining the confidentiality of account login information and are fully responsible for all activities that occur under their account. TalkBae should be notified immediately of any unauthorized use of your account or any other breach of security. Each account is personal and should not be shared with others.
3.4. Acceptable Use Policy:
Use of the TalkBae platform must comply with our Acceptable Use Policy. This includes, but is not limited to, refraining from posting or transmitting any material that could be deemed offensive, illegal, or infringes on the rights of others; engaging in activities that disrupt the Services; or attempting to access the Service in an unauthorized manner.
3.5. Content Ownership and Intellectual Property:
Users retain ownership of the content they create but must ensure that they have the rights to the content they post. By posting content to TalkBae, users grant the service a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with TalkBae.
3.6. User Interactions:
TalkBae is not responsible for the interactions between users, both within the app and outside of it. While we may monitor disputes between users, TalkBae has no obligation to become involved. Users should exercise caution and good judgment in their interactions with others.
3.7. Service Changes and Availability:
TalkBae reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Users agree that TalkBae shall not be liable to them or to any third party for any modification, suspension, or discontinuance of the Service.
3.8. Termination and Suspension:
TalkBae may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
3.9. Disclaimer of Warranties and Limitation of Liability:
The Service is provided on an "as is" and "as available" basis. TalkBae makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service. Users expressly agree that their use of the Service is at their sole risk.
4.Security Measures
4.1. Commitment to Security:
TalkBae is committed to ensuring the security and protection of the personal information that we process, and to providing a compliant and consistent approach to data protection. We recognize the importance of privacy and security to our users and strive to safeguard data against unauthorized access, alteration, disclosure, or destruction.
4.2. Data Protection:
Our app incorporates robust security measures to protect the personal and sensitive information of our users. This includes encryption of data in transit and at rest, secure storage of user data, and regular security assessments and updates to address new threats as they arise.
4.3. User Responsibility:
While we take extensive measures to secure our platform, the safety and security of your account also depend on you. Users are responsible for maintaining the confidentiality of their account information, including their password, and for any and all activities that occur under their account. You are advised to use a strong and unique password for your TalkBae account and to log out from your account at the end of every session.
4.4. Reporting Security Breaches:
If you suspect a security breach or unauthorized use of your account, it is imperative that you contact us immediately at chatbot3app@gmail.com. Prompt reporting can significantly mitigate the harm caused by unauthorized access to your account.
4.5. Ongoing Monitoring and Updates:
TalkBae continuously monitors its systems for potential vulnerabilities and attacks. We regularly update our app and security practices to address evolving threats and vulnerabilities, ensuring the highest level of security for our users.
5.Law
5.1. Compliance with Laws:
Users of TalkBae must adhere to all applicable laws and regulations. This includes respecting intellectual property rights, avoiding defamatory or libelous statements, and not engaging in any form of harassment or illegal behavior while using the app. Users are responsible for ensuring their content and use of the app complies with all local, state, national, and international laws.
5.2. User Content and Responsibility:
While using TalkBae, users may generate or upload content. Users retain ownership of their content but grant TalkBae a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content as part of the app's operation. Users must ensure they have the necessary rights to any content they post and agree not to upload anything that infringes on the rights of others.
5.3. Indemnification:
Users agree to indemnify and hold harmless TalkBae and its affiliates, directors, officers, employees, and agents from any claim, liability, loss, expense, or demand, including legal fees, related to their violation of these terms or misuse of the app.
5.4. Limitation of Liability:
TalkBae, its affiliates, and its service providers will not be liable for any incidental, special, indirect, or consequential damages, including lost profits, loss of data, or service interruption, arising out of or related to the use or inability to use the app, regardless of whether such damages are based on warranty, contract, tort, or any other legal theory.
6、Apple App store and Google play store legal information
6.1.Terms Acknowledgment:
The agreement established through the Terms of Service is a binding contract between the user and TalkBae. It is acknowledged that Apple Inc. and Google LLC are not parties to this contract and bear no responsibility for the app or its content.
6.2.Licensing Agreement:
TalkBae is provided under a limited use license. This license is non-exclusive, non-transferable, and not sub-licensable. The app is intended solely for personal, non-commercial use, adhering to the terms and conditions set forth in this Agreement.
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
6.3.Device Compatibility:
Usage of TalkBae is permitted on devices controlled or owned by the user, exclusively within the ecosystem of an Apple device.
6.4.Maintenance and Support:
Apple has no obligation to furnish any maintenance or support services for TalkBae.
6.5.Conformance to Warranty:
In case of any failure of TalkBae to adhere to any applicable warranty, you may contact Apple or Google, and they may refund the purchase price of the app. They bear no other warranty obligation as per the law.
6.7.Claims Responsibility:
Any claim related to the app, including but not limited to product liability claims, consumer protection claims, or intellectual property infringement, is the responsibility of TalkBae, not Apple or Google.
6.8.Compliance Representation:
Users of TalkBae represent that they are not located in any country under sanction by the U.S. Government or listed as prohibited or restricted parties.
6.9.Third-Party Terms Compliance:
In using TalkBae, both the user and TalkBae agree to comply with any third-party terms that may affect or be affected by such use.
7.Intellectual property rights
7.1. Ownership of Intellectual Property:
All intellectual property rights in and to the TalkBae app, including but not limited to its design, interface, graphics, software, proprietary content, and technology, are the exclusive property of TalkBae or its licensors. The use of the TalkBae app does not grant users any ownership or intellectual property rights in the app itself or the content accessed through it, beyond the limited license to use the app as provided under these Terms.
TalkBae, and related graphics, logos, service marks, and trade names used on or in connection with the app are the trademarks of TalkBae and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that appear on the app are the property of their respective owners.
The software and accompanying documentation available for download through the TalkBae app is copyrighted work of TalkBae. Use of the software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the software. You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any software not accompanied by a license agreement, we hereby grant to you, the user, a limited, non-exclusive license to use the TalkBae software for viewing and otherwise using the TalkBae app in accordance with these terms and conditions, and for no other purpose.
7.2. User-Generated Content:
Users of TalkBae may create, upload, share, or post content such as text, images, or other media. Users retain all intellectual property rights to their original content. However, by uploading content to TalkBae, users grant TalkBae a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute their content in connection with the app's services. This license is necessary for the fun ctioning and promotion of the app. Users must ensure they have all necessary rights and permissions for any content they contribute to the app.
7.3. Respect for Intellectual Property:
TalkBae respects the intellectual property rights of others and expects its users to do the same. We enforce a strict policy against copyright infringement on our platform and require all users to adhere to these standards.
7.4. User-Generated Content:
Users of TalkBae retain copyright over their original content. However, by posting content on the app, users grant TalkBae a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content within the app. This license is essential for the operational functionality of the app and does not transfer ownership of the content.
7.5. Copyright complaints
Filing a Complaint:
If you believe that your copyright has been infringed by content found on the TalkBae app, we encourage you to let us know. Please submit a formal notification of claimed copyright infringement that includes the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A detailed description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the TalkBae app, with enough detail for us to locate the material;
Your address, telephone number, and email address to allow us to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Review Process:
Upon receipt of your complaint, TalkBae will review the submission to determine its validity. If the complaint satisfies the requirements of copyright law, we will take appropriate action. This may include removing the infringing content from the app or disabling access to it.
Counter-Notice:
If the user responsible for the allegedly infringing content believes that a mistake has been made or that they have the right to use the content, they may send a counter-notice containing their argument and supporting information. TalkBae will review the counter-notice in accordance with copyright law standards.
Repeat Infringement:
We maintain a policy of terminating the accounts of users who are repeat infringers or who are repeatedly charged with infringement.
Contact Information:
All copyright complaints and counter-notices should be directed to TalkBae's designated agent at chatbot3app@gmail.com.
8.User disputes
8.1. TalkBae’s Role:
TalkBae's role in user disputes is primarily to ensure that the terms of service and community guidelines are upheld. If a user is found to be in violation of these terms, we may take appropriate action, which can include issuing warnings, suspending accounts, or banning users from the app. However, TalkBae does not arbitrate disputes, determine liability, or provide restitution in user-to-user conflicts.
8.2. Legal Remedies:
In cases where disputes may involve illegal activities or serious violations of the law, users are advised to seek legal recourse. TalkBae will comply with law enforcement and legal proceedings if required, but the responsibility for legal action lies with the involved parties.
8.3. Limitation of Liability:
TalkBae is not responsible for the actions of its users nor for any damages or losses incurred as a result of user disputes. By using TalkBae, users agree to release the app, its affiliates, and employees from claims, demands, and damages of every kind arising out of or in any way connected with such disputes.
9. Third party websites
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that TalkBae will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that TalkBae is not liable for any loss or claim that you may have against any such third party.
10. Your privacy
We respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
11. Changes to these terms and conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review the Terms and Conditions frequently and to remain informed of any changes to them. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
12. Contact us
If you have any questions about these Terms, please contact our Customer Support Team at chatbot3app@gmail.com.