Effective date: 【June 19, 2024】

Welcome to TalkLuv!

These Terms of Service ("Terms") apply to your use of TalkLuv and the software, content, and services (collectively, the "Services") made available through TalkLuv, our mobile application for iOS (the "App").

Please read these Terms carefully before you start using the Services.

The term "device" means a device used to access the Services, including, but not limited to, computers, smartphones, and tablets.

The term "you" refers to the user of the Service.

When you register for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you accept these Terms and agree to abide by them. If you do not agree to these terms, please do not use the Services.

1. Our Services

TalkLuv provides a self-service program based on communication with your personal chatbot via a text and voice interface.

1.1. Modifications to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TalkLuv will not be liable to you or any third party for any modification, suspension or discontinuance of any of the Services.

1.2. Suspension or Termination of Services

We may suspend or terminate your use of the Services due to your fraud or breach of any of our obligations under these Terms. Such termination or suspension may be made immediately without notice.

1.3. General practices regarding use and storage

You acknowledge that we may establish general practices and limits regarding the use of the Services, including, but not limited to, the maximum period for which the Services retain data or other content and the maximum storage space allocated on our servers on your behalf. You agree that TalkLuv assumes no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that have been inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and restrictions at any time and in our sole discretion without notice.

1.4. Fees and Payments

You may be required to pay us a fee to access or use the Services or certain features of the Services. You are responsible for paying any applicable fees listed in the Services. Except as expressly provided in these Terms, all fees are non-refundable to the fullest extent permitted by applicable law.

Charges may be recurring or usage-based. If these charges are designated as recurring charges or based on usage, you agree that we may periodically charge the payment method you specified at the time of your initial purchase (your "Payment Method"). By paying a fee using a Payment Method, you expressly agree that we have the right to charge the Payment Method for fees plus any applicable taxes.

Unless otherwise expressly agreed by us in a separate contract with you, you acknowledge and agree that any fees for accessing or using the Services may increase at any time. Additional services or features of the Services that may be provided by TalkLuv may be subject to additional charges. In these cases, we will notify you before charging additional fees. If we charge additional fees for our services, you will have the opportunity to review and accept the additional fees that will be charged to you before you are charged. If you do not accept any such additional fees, we may discontinue your access to the Services or features. You acknowledge and agree that we are not responsible for any errors caused by third-party payment processors that we may use.

1.5. Subscriptions and Paid Services

Once you have created a TalkLuv account (as defined below), you can choose one of the subscription plans offered by TalkLuv:

1.5.1. "Free Use": Free Program. "Free to use" is aimed at users who can't afford any of our subscription-based programs. We reserve the right to refuse free use to anyone at any time in our sole discretion.

1.5.2. "TalkLuv ": a subscription fee-based program with full access to the Services.

As permitted by App Marketplace Partners (e.g., Apple iTunes Store), you may become a paid subscription plan ("Paid Subscription") by purchasing an in-app subscription to the Services.

Any of our paid subscriptions shall be paid in weekly, monthly, annual installments and will be handled by the Marketplace Partner from whom you originally purchased the subscription.

You can only access a paid subscription while it is active and exists. If you fail to pay for your subscription after the expiration date, you will be automatically downgraded to "free use".

The renewal subscription fee will continue to be automatically billed to the Payment Method you provide through the marketplace until you cancel. You must close at least 24 hours before the end of the subscription period to avoid being charged to the payment method you provided for your next subscription. If you purchased your subscription through the Apple iTunes Store, the transaction is final and no refunds are provided. No refunds can be requested for any partial month subscription period. You can only modify or cancel a paid subscription through the marketplace where you originally purchased the subscription.

1.5.3. We may also purchase coins to enjoy other non-subscription functions of the App, such as  listening to more voice, Unlock drama and image generation, videos, etc. 

2. Conditions of Use

2.1. User Conduct

You are solely responsible for all code, video, audio, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials ("Content") that you upload, post, post, or display ("Upload") or email or otherwise use through the Services. The following are examples of the types of content and/or use that are illegal or prohibited by TalkLuv. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including, but not limited to, removing the offending content from the Services, suspending or terminating the account of such violator, and reporting you to law enforcement authorities. You agree not to use the Services to:

One. Submit, transmit, email, or otherwise upload any content

(i) infringe any intellectual property or other proprietary rights of any party;

(ii) you do not have the right to upload under any law or contractual or fiduciary relationship;

(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(iv) poses or creates a privacy or security risk to any person;

(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "junk mail," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;

(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another's privacy, racially, ethnically hateful, or otherwise objectionable; or

(vii) is objectionable or restricts or inhibits any other person's use or enjoyment of the Services, or may expose TalkLuv or its users to any harm or liability of any kind, in TalkLuv's sole judgment;

b. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

c. violate any applicable local, state, national, or international law, or any statute having the force of law;

d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e. solicit personal information from anyone under the age of 18;

f. harvest or collect email addresses or other contact information from other users of the Services, electronically or otherwise, in order to send unsolicited email or other unsolicited communications;

g. advertise or offer to sell or buy any goods or services for any commercial purpose not specifically authorized;

h. further or promote any criminal activity or enterprise, or provide instructional information about illegal activities; or

i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or made available through the Services.

2.2. Commercial Use

The Service is for personal use only. Except as otherwise expressly authorized in this Agreement or the Services, you agree not to display, distribute, license, perform, publish, reproduce, reproduce, create derivative works from, modify, sell, resell, exploit, transfer, or upload any portion of the Services for any commercial purpose, any portion of the Services, use of or access to the Services.

2.3. Use by Minors

If you are at least 16 years of age but under the age of 18, you must have permission from a parent or legal guardian to use the Services. If you are using the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.

You must provide accurate and complete information to register for an account. You may not provide your access credentials or account to others outside your organization, and you are responsible for all activities that occur using your credentials.

2.4. Account Registration and Security

1. Account Creation

To use certain features of the TalkLuv Service, you will need to create an account ("Account"). During the account registration process, you agree to provide accurate, current, and complete information ("Registration Data") as prompted by the registration form.

2. Confidentiality of Certificates

You are solely responsible for maintaining the confidentiality of your login credentials, including, but not limited to, your username, password, and any other information used as part of our security procedures. You may not disclose your login credentials to any third party, and you are solely responsible for any and all activities that occur under your account.

3. Security and Backups

You are responsible for implementing adequate security and backup features, including appropriate encryption methods, to protect your account and any content related to it from unauthorized access. It is strongly recommended that you regularly archive or back up your content and registration data.

4. Limitation of Liability

TalkLuv shall not be liable for any loss, damage, or other security incident that may occur as a result of your failure to comply with this section. Any activity conducted under your account will be considered your own conduct and will be subject to the terms and conditions set forth in this Agreement.

5. Account Termination

You can delete your account at any time by deactivating your account. We reserve the right to suspend or terminate your account in accordance with Section 1.2 if we have reasonable grounds to believe that the information provided is inaccurate, not current, incomplete, or that your use of your account violates any of these Terms.

2.5. Mobile Networks

If you use the app outside of an area with Wi-Fi, you should keep in mind that the terms of your agreement with your mobile network provider still apply. As a result, your mobile provider may charge you for data charges or other third-party charges during your connection while accessing the app. When using the App, you are responsible for any such charges, including roaming data charges if you use the App outside of your home territory (i.e., region or country) without turning off data roaming. If you are not the bill payer of the device using the app, please note that we assume that you have permission from the bill payer to use the app.

2.6. Mobile Services

Some of our Services are available through mobile devices, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Website from a mobile device, and (iii) the ability to access certain features through applications downloaded and installed on a mobile device (collectively, the "Mobile Services"). If you access the Service through a mobile device, you may be required to pay your wireless service carrier's standard fees, data rates, and other charges.

In addition, your carrier may prohibit or restrict the download, installation, or use of certain Mobile Services, and not all Mobile Services are available on all carriers or devices.

By using the Mobile Services, you agree that we may send information about TalkLuv and other entities to your mobile device by SMS, MMS, SMS, or other electronic means, and that certain information about your use of the Mobile Services may be communicated to us. If you change or deactivate your mobile phone number, you agree to keep your TalkLuv account information up to date to ensure that your messages are not sent to the person who obtained your old number.

2.7. Special Notices for International Use; export control

The transfer of Software (as defined below) and applicable data (if any) in connection with the Services is subject to U.S. export controls. You may not download or otherwise export or re-export any software from the Services in violation of U.S. export laws. Download or use of the Software at your own risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including those relating to online conduct and acceptable content.

3. Intellectual Property

3.1. Service Content, Software, and Trademarks

You acknowledge and agree that the Services may contain content or functionality that is protected by copyrights, patents, trademarks, trade secrets ("Registered or Unregistered") or other proprietary rights and laws ("Service Content"). Except as expressly authorized by TalkLuv, you agree not to modify, copy, frame, scrape, rent, lease, lend, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to User Content (as defined below) that you lawfully upload to the Services.

You will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods while you use the Services. If you are blocked by TalkLuv from accessing the Services (including blocking your IP address), you agree not to take any action to circumvent such blocking (for example, by masking your IP address or using a professional IP address). Any use of the Services or the Content of the Services, except as specifically authorized herein, is strictly prohibited.

The technology and software underlying or related to the Services are the property of TalkLuv, our affiliates and partners (the "Software"). You agree not to copy, modify, create derivative works of, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by TalkLuv.

3.2. Third Party Materials

Under no circumstances shall TalkLuv be liable for any content or materials of any third party, including users, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of such content. You acknowledge that TalkLuv does not pre-screen Content, but that TalkLuv and its designees will have the right (but not the obligation) to refuse or remove any Content made available through the Services in their sole discretion. Without limiting the foregoing, TalkLuv and its designees will have the right to remove any content that violates these Terms of Service or is otherwise objectionable in TalkLuv's sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

3.3. User Content Transmitted Through the Services

3.3.1. Ownership and Warranties

Any text, images, videos, data or other materials that you create, upload or generate using the TalkLuv Service shall be collectively referred to as "User Generated Content". You retain full ownership of all User Generated Content, including intellectual property rights and other proprietary rights, produced through the TalkLuv Service. To the extent you create derivative works, you own all rights to those derivative works as permitted by applicable law.

You represent and warrant that you own all right, title and interest in and to content or other materials that you upload through the Services or share with other users or recipients (collectively, "User Content"), including, but not limited to, all copyrights and publicity rights contained therein.

By uploading any User Content, you hereby grant and will grant to TalkLuv and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to reproduce, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service or its promotional, advertising, or marketing in any form, media, or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to TalkLuv in connection with the Services ("Submissions") are non-confidential and that TalkLuv will have the right to use and disseminate such Submissions for any purpose, commercial or otherwise, without restriction without acknowledgment or compensation to you. You acknowledge and agree that TalkLuv may retain the Content and may disclose the Content as required by law or in good faith.

You further acknowledge that you, and not TalkLuv, are solely responsible for all User Content that you upload, post, email, transmit, or otherwise make available through the TalkLuv Services, and that you and other registered users of TalkLuv (not TalkLuv) are equally responsible for you and all Content they provide through the TalkLuv Services.

For the avoidance of doubt, a violation of the TalkLuv Terms of Use that is not related to intellectual property issues will not affect the intellectual property rights of the user in any role or generation thereof.

3.3.2. Similarity of Content

Because TalkLuv deploys machine learning algorithms, the output generated by the service may be similar to that of other users. Such output is not considered proprietary to you.

3.3.1. Output Accuracy

These services are based on the rapidly evolving field of artificial intelligence and machine learning. You acknowledge that our output may contain inaccuracies or errors. You are responsible for evaluating the accuracy of the use case output.

4. Third Party Websites

The Services may provide links or other access to other websites and resources on the Internet. We have no control over, and we are not responsible for, and do not endorse such sites and resources. You further acknowledge and agree that TalkLuv 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 the use of or reliance on any content, activities, goods or services available on or through any such website or resource. Any transaction you have with a third party while using the Service is a transaction between you and the third party, and you agree that TalkLuv shall not be liable for any losses or claims you may incur to any such third party.

5. Social Networking Services

You may enable, connect to, or log in to the Services ("Social Networking Services") through various online third-party services, such as social media and social networking services such as Facebook, Instagram, or Twitter. By logging in or integrating these social networking services directly into the Services, we will make your online experience richer and more personalized. In order to take advantage of this feature and functionality, we may require you to authenticate, register, or log in to the social networking services on the websites of their respective providers. As part of such integration, the social networking service will allow us to access certain information that you provide to such social networking service, and we will use, store, and disclose such information in accordance with our Privacy Policy. However, please keep in mind that the manner in which the social networking services use, store, and disclose your information is solely governed by such third-party policies, and TalkLuv assumes no responsibility or liability for the privacy practices or other actions of any third-party websites or services that may be enabled in the Services.

In addition, TalkLuv is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made in connection with the social networking service. Accordingly, TalkLuv shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such social networking service. TalkLuv enables these features only for convenience, and the integration or inclusion of these features does not imply endorsement or recommendation.

6. Disclaimer of Warranties

Your use of the Service is at your own risk. The service is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

TALKLUV DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

7. Limitation of Liability

You expressly understand and agree that TalkLuv shall not be liable for any indirect, incidental, special damages for loss of profits, including, but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), whether based in contract, tort, negligence, strict liability, or otherwise, arising out of: (i) the use of, or inability to use, the Services; (ii) the cost of procurement of substitute goods and services arising from any goods, data, information, or services purchased or obtained, or messages received or transactions conducted through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. In no event will TalkLuv's aggregate liability to you for all damages, losses, or causes of action exceed the amount paid by you to the Company in the preceding six (6) months or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties, nor do they allow the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the above limitations may not apply to you or be enforceable against you. If you are dissatisfied with any part of the Service or with these Terms of Service, your sole remedy is to stop using the Service.

If you are a user from the State of New Jersey, the sections titled "Disclaimer of Warranties" and "Limitation of Liability" above are used only broadly to the extent permitted by New Jersey law. If any part of these portions is held to be invalid under New Jersey law, the invalidity of that part shall not affect the validity of the remainder of the applicable portions.

8. Indemnity 

8.1 Indemnification

You agree to defend, indemnify and hold harmless TalkLuv, its subsidiaries, affiliates, officers, directors, employees, agents and licensors (collectively, the "TalkLuv Parties") from and against any claims, actions, losses, damages, expenses, including reasonable attorneys' fees, arising out of:

a. your use of the TalkLuv Services, including any user-generated content or activities under your TalkLuv account;

b. any violation of this Agreement, including any violation of any applicable law or the rights of a third party; or

c. any dispute between you and other users of the TalkLuv Services.

Contact us

If you have any questions or suggestions about our terms and conditions, please do not hesitate to contact us at talkluvai@gamil.com.