Last updated March 29, 2026
We are Talkpal, Inc. (“Company,” “we,” “us,” “our“), a company registered in Delaware, United States at 2810 N Church St, PMB 54222, Wilmington, DE 19802-4447.
We operate the websites https://talkpal.ai and https://app.talkpal.ai (the “Site“), the B2B administration platform at https://business.talkpal.ai (the “B2B Platform“), the mobile application Talkpal (the “App“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
Talkpal is an AI-powered language tutor. By leveraging the latest advancements in machine learning and artificial intelligence, we aim to provide a comprehensive platform for language learning.
You can contact us by email at support@talkpal.ai or by mail to 2810 N Church St, PMB 54222, Wilmington, DE 19802-4447, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Talkpal, Inc., concerning your access to and use of the Services. If you are accessing the Services as an Authorized User under an organizational account (as defined in Section 1A), “you” refers to you individually with respect to your conduct, and to the subscribing organization (“Customer”) with respect to payment and administrative obligations. Both you and the Customer are bound by these Legal Terms. By using the Services, you also acknowledge that you have reviewed and accept our Privacy Policy, available at https://talkpal.ai/privacy-policy, which explains how we collect, use, and protect your personal data. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you are agreeing to these Legal Terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. In the event of significant changes, we may also provide additional notice, such as an email notification or an in-app alert, at our sole discretion. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. By using the Services, you confirm that you meet this age requirement and have the legal capacity to enter into these Legal Terms. We do not knowingly collect personal data from, or provide the Services to, anyone under the age of 18. If we become aware that a user is under 18, we will promptly deactivate their account and delete any personal data associated with it within thirty (30) days. If you believe that a minor has registered for or is using the Services, please contact us at support@talkpal.ai.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
In addition to the definitions elsewhere in these Legal Terms, the following terms apply to this Section 1A:
This Section 1A applies when a Customer subscribes to the Services on behalf of its Authorized Users. In such cases, both the Customer and each Authorized User are bound by these Legal Terms. Where a provision of these Legal Terms conflicts with this Section 1A in the context of an organizational account, this Section 1A shall prevail. Where an Order Form conflicts with these Legal Terms on commercial terms (such as pricing, payment terms, seat count, or contract duration), the Order Form shall prevail with respect to those specific terms only.
The Customer is responsible for:
(a) ensuring that it has the authority to bind itself and its Authorized Users to these Legal Terms;
(b) managing access to the organizational account, including inviting and removing Authorized Users through the Administrator dashboard or by contacting us;
(c) ensuring that all Authorized Users comply with these Legal Terms, including the Prohibited Activities set out in Section 9;
(d) paying all fees associated with its organizational subscription, whether directly or through an Order Form;
(e) promptly notifying us at support@talkpal.ai if an Authorized User’s access should be revoked or if the Customer becomes aware of any unauthorized use of the organizational account.
If an Authorized User breaches these Legal Terms, the Customer shall be liable alongside the Authorized User to the extent that the breach resulted from the Customer’s failure to fulfill its responsibilities under this Section 1A (including managing access, ensuring compliance, and promptly revoking access when required). The Customer shall not be liable for an Authorized User’s breach where the Customer has taken reasonable steps to fulfill its obligations under this Section. We may, at our discretion, suspend or terminate the individual Authorized User’s access, the entire organizational account, or both.
Each Authorized User is individually bound by these Legal Terms when accessing the Services. By accepting an invitation to join a Customer’s organizational account, the Authorized User acknowledges and agrees that: (i) these Legal Terms govern their use of the Services; (ii) the Customer’s Administrator may have visibility into usage data, including activity logs and learning progress, to the extent permitted by the Customer’s subscription plan and applicable law; and (iii) the Customer’s Administrator may suspend or remove the Authorized User’s access at any time. An Authorized User may voluntarily leave a Customer’s organizational account at any time by using the applicable option within their account settings. Upon voluntarily leaving, the Authorized User’s Organizational Sub-Account associated with that Customer will be deactivated immediately. The user’s Account, Personal Sub-Account, and any Organizational Sub-Accounts associated with other Customers will remain unaffected. Sub-Account Data from the deactivated Organizational Sub-Account will be deleted in accordance with Section 4A. The Customer’s Administrator will be notified that the Authorized User has left the organizational account.
For organizational accounts, billing is handled according to the Customer’s subscription plan or a separate Order Form. The general Purchases and Payment provisions in Section 5 apply except where an Order Form specifies different terms (such as invoicing, net-30 or net-60 payment, purchase order numbers, or volume-based pricing). Authorized Users under an organizational account may not independently purchase, upgrade, or modify the Customer’s organizational subscription unless expressly permitted by the Customer. This restriction applies solely to the Organizational Sub-Account and the Customer’s subscription. Authorized Users may independently purchase, upgrade, downgrade, or cancel their own Personal Sub-Account subscription at any time, subject to the payment terms set out in Section 5 and the cancellation terms set out in Section 7.
The Customer’s Administrator may have access to administrative tools that allow them to: (a) invite and remove Authorized Users; (b) view aggregated and individual usage data for Authorized Users, including but not limited to lesson completion, time spent, and language proficiency progress; (c) configure organizational settings, such as language selections or content restrictions; and (d) manage billing and subscription details. Authorized Users acknowledge that their activity within the Services may be visible to the Customer’s Administrator as described above. For details on how we handle personal data, please refer to our Privacy Policy. The Administrator’s access to usage data is limited exclusively to Sub-Account Data generated within the Organizational Sub-Account(s) associated with that Customer. The Administrator has no access to any data from an Authorized User’s Personal Sub-Account or from any Organizational Sub-Account associated with a different Customer. For the avoidance of doubt, the separation of Sub-Account Data is described in Section 4A.
Organizational account access may be terminated as follows:
(a) If the Customer’s subscription expires or is terminated (whether by the Customer, by us, or upon expiration of the Order Form), the Organizational Sub-Account(s) associated with that Customer will be deactivated at the end of the then-current subscription term, unless otherwise agreed in writing. Each affected Authorized User’s Account, Personal Sub-Account, and any Organizational Sub-Accounts associated with other Customers will remain unaffected. Sub-Account Data associated with the deactivated Organizational Sub-Account(s) will be handled in accordance with Section 4A.
(b) If the Customer’s Administrator removes an Authorized User, that individual’s Organizational Sub-Account associated with that Customer will be deactivated immediately. The user’s Account, Personal Sub-Account, and any Organizational Sub-Accounts associated with other Customers will remain unaffected. Sub-Account Data associated with the deactivated Organizational Sub-Account will be handled in accordance with Section 4A.
(c) If we terminate or suspend the Customer’s organizational account under the Term and Termination provisions of these Legal Terms, the Organizational Sub-Accounts associated with that Customer will also be deactivated. Each affected Authorized User’s Account, Personal Sub-Account, and any Organizational Sub-Accounts associated with other Customers will remain unaffected.
(d) An Authorized User whose Organizational Sub-Account is deactivated retains their existing Account and Personal Sub-Account (at whatever tier it was prior to deactivation). The user may continue to use the Services through their Personal Sub-Account and may independently upgrade to a paid subscription at any time, subject to these Legal Terms. Sub-Account Data from the deactivated Organizational Sub-Account will not be transferred to the user’s Personal Sub-Account or any other Sub-Account. Deletion of Sub-Account Data from a deactivated Organizational Sub-Account will be handled in accordance with Section 4A.
Nothing in this Section or these Legal Terms creates a partnership, joint venture, agency, or employment relationship between the Customer and Talkpal. The Customer is an independent entity subscribing to the Services for the benefit of its Authorized Users.
By accepting these Legal Terms, the Customer enters into the Data Processing Agreement (“DPA”) available at https://talkpal.ai/data-processing-agreement, which governs Talkpal’s processing of Authorized Users’ personal data within Organizational Sub-Accounts and is incorporated by reference into these Legal Terms. In the event of a conflict between the DPA and these Legal Terms with respect to data processing obligations, the DPA shall prevail
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, illustrations, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use (if you are an individual user) or internal business purposes within your organization (if you are accessing the Services on behalf of a Customer under Section 1A). All rights, title, and interest in and to the Content and Marks remain with us and are not transferred to you under these Legal Terms or any other agreement.
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
solely for your personal, non-commercial use (if you are an individual user) or internal business purposes within your organization (if you are accessing the Services on behalf of a Customer under Section 1A).
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@talkpal.ai. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any unauthorized use of the Content or Marks will result in the immediate termination of the license granted under these Legal Terms, and may subject you to legal action.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, create derivative works from, distribute, and otherwise exploit such Submissions solely for purposes of operating, improving, and promoting the Services, without any obligation to compensate you. You retain ownership of your Submissions, but acknowledge that we may use them without restriction for the purposes described above.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution and shall be governed by the Contribution license set out in Section 11, rather than the Submissions license described above.
Most user interactions (e.g., lessons, chats, voice practice) are private by default and are not visible to other users. If you choose to post content in a public area (e.g., reviews, community posts), that content may be visible publicly.
When you post Contributions, you grant us a limited license to use them
By posting any Contributions (such as reviews or community posts), you grant us a non-exclusive, worldwide, royalty-free license to host, use, copy, reproduce, store, display, reformat, translate, transmit, and distribute your Contributions solely for the purpose of operating, improving, and promoting the Services. We will not sell your Contributions to third parties as standalone content. This license is limited to what is reasonably necessary to provide and maintain the Services.
This license includes the right to use your name or username as needed to display your Contribution in context (for example, showing your username next to a review you posted). It does not grant us the right to use your image, voice, or likeness in advertising without your separate consent.
You are responsible for what you post
By posting Contributions through the Services, you:
You are solely responsible for your Contributions. If your Contributions cause us harm due to a violation of these terms, third-party intellectual property rights, or applicable law, you agree to cover any resulting losses we incur.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
By using the Services, you represent and warrant that: (1) All registration information you submit will be true, accurate, current, and complete, and you will not impersonate another person or provide false information about your identity or affiliation; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) if you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Legal Terms; (8) your use of the Services will not violate any applicable law or regulation; (9) you are not located in, organized under the laws of, or a resident of any country or territory that is the subject of comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the European Union, the United Kingdom, or any other applicable sanctions authority, and you are not listed on, or owned or controlled by any person or entity listed on, any applicable denied-party, blocked-persons, or restricted-party list (including, without limitation, the OFAC Specially Designated Nationals and Blocked Persons List); and (10) you will not use the Services in violation of any applicable export control, trade sanctions, or embargo laws or regulations, and you will not export, re-export, or transfer any data, content, or software obtained through the Services to any prohibited destination, entity, or person.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You acknowledge that we are not liable for any loss or damage arising from your failure to comply with these representations and warranties.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If your account is compromised, you must notify us immediately at support@talkpal.ai. We are not responsible for any unauthorized use of your account, and you may be held liable for losses incurred by us or others due to such unauthorized use.
If you register on behalf of an organization under Section 1A, you are responsible for managing access among your Authorized Users and ensuring that each Authorized User complies with these Legal Terms. The organization remains liable for all activity under its account(s).
Each user maintains a single account on the Services, identified by their email address and login credentials (“Account”). An Account serves as the user’s unified identity across the Services and stores account-level information, including the user’s email address, password, display name, and general account preferences (“Account-Level Information”). Account-Level Information is shared across all Sub-Accounts (as defined below) associated with the Account.
(a) Personal Sub-Account. A Personal Sub-Account is created automatically when a user registers for the Services. Each Account may have no more than one (1) Personal Sub-Account. A Personal Sub-Account may operate at the free basic tier (with limited features) or at the premium tier (upon purchase of a paid subscription by the individual user). The individual user is solely responsible for managing and paying for their Personal Sub-Account.
(b) Organizational Sub-Account(s). An Organizational Sub-Account is created when a user accepts an invitation from a Customer (as defined in Section 1A) to join the Customer’s organizational account. Organizational Sub-Accounts operate at the premium tier for the duration of the Customer’s subscription. A user may hold more than one Organizational Sub-Account simultaneously if invited by multiple Customers. Each Organizational Sub-Account is governed by the respective Customer’s subscription terms and any applicable Order Form. The Customer is solely responsible for paying for and managing its Authorized Users’ Organizational Sub-Accounts.
Each Sub-Account operates independently. The activation, suspension, cancellation, or termination of one Sub-Account does not affect any other Sub-Account associated with the same Account. Without limiting the foregoing:
(a) If an Organizational Sub-Account is deactivated — whether due to the Customer’s subscription expiring, the Administrator removing the user, the user voluntarily leaving the organizational account, or any other reason — the user’s Account, Personal Sub-Account, and any other Organizational Sub-Accounts remain fully active and unaffected.
(b) If a user cancels or downgrades their Personal Sub-Account, any active Organizational Sub-Account(s) remain unaffected.
(c) If all Organizational Sub-Accounts are deactivated and the user does not hold a paid Personal Sub-Account, the user retains access to the Services through their Personal Sub-Account at the free basic tier.
(d) A user may independently upgrade, downgrade, or cancel their Personal Sub-Account at any time, regardless of the status of any Organizational Sub-Account.
Except for Account-Level Information (email address, password, name, and general account preferences), each Sub-Account maintains its own independent data. This includes, but is not limited to, learning progress, conversation history, lesson completion records, proficiency assessments, language selections, and usage statistics (collectively, “Sub-Account Data”). Sub-Account Data from one Sub-Account is not shared with, transferred to, or accessible from any other Sub-Account.
For clarity:
(a) Activity performed within an Organizational Sub-Account is attributed solely to that Organizational Sub-Account. A Customer’s Administrator may view Sub-Account Data generated within the corresponding Organizational Sub-Account, as described in Section 1A, but has no access to the user’s Personal Sub-Account Data or to Sub-Account Data associated with any other Customer’s Organizational Sub-Account.
(b) Activity performed within a Personal Sub-Account is attributed solely to that Personal Sub-Account and is not visible to any Customer Administrator.
When an Organizational Sub-Account is deactivated — for any reason — the Sub-Account Data associated with that Organizational Sub-Account is not transferred to the user’s Personal Sub-Account or to any other Sub-Account. The user does not retain access to that Sub-Account Data after deactivation.
Upon deactivation of an Organizational Sub-Account, we will delete the Sub-Account Data associated with that Organizational Sub-Account from our active systems within thirty (30) days, unless: (a) retention for a longer period is required by applicable law; or (b) the data is subject to an ongoing legal hold, investigation, or dispute. Data contained in automated backups may persist for up to ninety (90) days before being overwritten in the normal course of our backup rotation. This paragraph does not affect the user’s Account or Account-Level Information, which will continue to be retained in accordance with our Privacy Policy.
Where a user holds more than one active Sub-Account, the user may switch between Sub-Accounts within the Services. The features, content, and settings available in each session are determined by the Sub-Account selected by the user at that time.
We accept the following forms of payment:
Payments for the Services are processed by Stripe, Inc. (“Stripe”), our third-party payment processor. The specific payment methods available to you (which may include Visa, Mastercard, American Express, Discover, SEPA, Apple Pay, Google Pay, ACH, bank transfers, and other methods) are determined by Stripe and may vary based on your region, currency, device, and Stripe’s own policies and availability. Talkpal does not directly process, handle, or store your payment card or bank account details – all such data is collected and managed by Stripe in accordance with Stripe’s terms of service (https://stripe.com/legal) and privacy policy (https://stripe.com/privacy). The availability, acceptance, or discontinuation of any particular payment method is subject to Stripe’s sole discretion and applicable third-party payment network rules. Talkpal is not responsible for the unavailability of any specific payment method, payment processing errors attributable to Stripe or a payment network, or changes to payment method availability imposed by Stripe or any third-party payment provider. For purchases made through the Apple App Store or Google Play, payments are processed by the respective platform and are subject to their terms of service and payment policies.
Legacy payment methods. Certain payment methods, including PayPal, are no longer available for new subscriptions but continue to be supported for existing users who subscribed using those methods. If you are an existing PayPal subscriber, your subscription will continue to be processed through PayPal until you cancel or switch to a currently supported payment method. We reserve the right to discontinue support for legacy payment methods upon reasonable notice to affected users.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. This includes ensuring your payment method has sufficient funds or credit to cover charges. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We will charge sales tax/VAT/GST (as applicable) based on your location and as required by law. We may change prices at any time. All payments can be in US dollars or in other currencies based on your location.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. In some cases, you will also have an option to pause your subscription payments for a certain period. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. If you fail to make a payment, we reserve the right to suspend or terminate access to the Services without notice.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Our Services can be also purchased via Google Play Store and Apple App Store. Purchases made through these platforms are subject to their respective terms of service and payment policies.
Refund processing fees. To the extent permitted by applicable law, if we issue you a refund at your request (other than where the refund is required by law to be provided in full, or is due to our error), we may deduct from the refund, or charge to your original payment method, an amount equal to the actual, non-recoverable third-party fees we incur in connection with the original transaction and the refund (for example, payment processor or bank fees, chargeback or return fees, currency conversion costs, and cross‑border assessment fees). We do not add any additional administrative surcharge. We will disclose the amount of any such refund processing fee before completing the refund and will provide an itemization upon request. This paragraph applies only to discretionary refunds issued at our initiative or at your request outside of any statutory right of withdrawal. It does not apply to refunds issued pursuant to the EEA/UK right of withdrawal described in Section 7 or any other mandatory refund right under applicable law. This paragraph does not apply to purchases made through the Apple App Store or Google Play, which are subject to those platforms’ refund policies and processes. Nothing in this paragraph affects your non‑waivable statutory rights, including any right to a full refund where required by applicable law.
Depending on the user’s plan, payment method, and platform, we offer a free trial (typically 14 days) to new users who register with the Services, with the exact duration depending on the user’s plan, payment method, and platform. The account will be charged according to the user’s chosen subscription at the end of the free trial period. If you do not cancel before the end of the free trial, your subscription will automatically convert to a paid subscription and your payment method will be charged at the then-current rate. You can cancel at any time before the trial ends to avoid charges. If you subscribed via Apple/Google, you must cancel through the App Store/Google Play. The free trial applies to new individual users who register with the Services. For purchases made through the Apple App Store or Google Play, refund and cancellation policies are governed by the respective platform’s terms. For organizational or enterprise accounts under Section 1A, trial availability and terms may vary and will be communicated at the time of registration or in a separate Order Form. In case a user has already used the free trial, the next subscription will immediately charge the customer without a free trial period. For the avoidance of doubt, the activation of an Organizational Sub-Account through a Customer’s invitation does not constitute use of the free trial. A user who has not previously activated a paid Personal Sub-Account subscription remains eligible for the free trial if they subsequently subscribe to a paid Personal Sub-Account independently.
You can cancel your Personal Sub-Account subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. Cancellation of your Personal Sub-Account subscription does not affect any active Organizational Sub-Account(s) associated with your Account, and vice versa. To end access under an Organizational Sub-Account, contact your organization’s Administrator. A user whose Organizational Sub-Account is deactivated retains their Account and Personal Sub-Account as described in Section 4A.
Refunds upon cancellation. Cancelling a subscription stops future renewals and generally does not entitle you to a refund of amounts already paid, except where required by law or where we choose to provide a refund in our discretion. EEA/UK Consumers — Right of Withdrawal: If you are a consumer in the European Economic Area or the United Kingdom, you have the right to withdraw from your subscription within 14 days of purchase without giving any reason, and to receive a full refund. However, if you expressly consent to the immediate provision of the Services during the withdrawal period and acknowledge that you will lose your right of withdrawal once the Services have been fully performed, you may lose this right. Where you withdraw after the Services have been partially performed, you may owe a proportionate amount for the services already provided. To exercise your right of withdrawal, contact us at support@talkpal.ai with a clear statement of your decision. Where a discretionary refund is granted outside of the EEA/UK statutory right of withdrawal, the “Refund processing fees” paragraph in Section 5 applies. For the avoidance of doubt, refund processing fees do not apply to refunds issued pursuant to the EEA/UK right of withdrawal described above, except where you withdraw after the Services have been partially performed and owe a proportionate amount for the services already provided. For purchases made via the Apple App Store or Google Play, refund requests must be made directly to Apple or Google and are governed by their terms, including any applicable deductions or fees.
If you are unsatisfied with our Services, please email us at support@talkpal.ai.
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Except as expressly set forth in the End User License Agreement (EULA) available at https://talkpal.ai/end-user-license-agreement, any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In the event of a conflict between the warranty provisions of this Section and the EULA, the EULA shall prevail with respect to the Licensed Application. We do not warrant that the software will be error-free, free of viruses or other harmful components, or compatible with your specific hardware or operating system. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms. Any unauthorized reproduction, modification, distribution, or reverse engineering of the software is strictly prohibited and may result in termination of your access to the Services and/or legal action.
For users who download the Talkpal mobile application, the End User License Agreement (EULA) available at https://talkpal.ai/end-user-license-agreement governs your use of the application software. By downloading and using the App, you agree to be bound by the EULA in addition to these Legal Terms.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Violations of these prohibited activities may result in the suspension or termination of your account and/or legal action. We reserve the right to report such violations to law enforcement authorities and cooperate with their investigations as necessary.
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. By making any Contributions, you acknowledge and agree that they may be accessed, shared, and further distributed by others outside of the Services, and you waive any expectation of privacy or confidentiality in relation to such Contributions. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
You further agree that you will not knowingly upload or post any content containing malicious code, such as viruses, worms, or any software that could harm the Services or other users’ devices. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services. We reserve the right to take legal action against users who violate these terms, including reporting violations to law enforcement or other regulatory authorities.
By posting any Contributions to the Services, you grant us a non-exclusive, worldwide, royalty-free license to host, use, copy, reproduce, store, display, reformat, translate, transmit, and distribute such Contributions solely for the purpose of operating, improving, and promoting the Services. This license includes the right to use your name or username as needed to display your Contribution in context. It does not include the right to sell your Contributions as standalone content, nor the right to use your image, voice, or likeness in advertising without your separate, explicit consent.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You acknowledge that the scope of this license is necessary to ensure the proper functioning, development, and improvement of the Services. To the extent permitted by applicable law, you waive all moral rights in your Contributions. Where moral rights cannot be waived under applicable law, you agree not to assert such rights in a manner that would prevent us from exercising the license granted above. However, by granting us this license, you understand that we may continue to use your Contributions, even if you remove or delete them from the Services, where necessary to comply with these Legal Terms or for lawful business purposes.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. However, we reserve the right to investigate and take action against users who submit Contributions that violate these Legal Terms, including but not limited to removal, suspension, or reporting to law enforcement.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. The App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, as permitted by the applicable App Distributor’s Usage Rules. This license is granted solely for your personal, non-commercial use (if you are an individual user) or internal business purposes within your organization (if you are an Authorized User under Section 1A) and may not be sublicensed, transferred, or assigned to any third party. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) your representations and warranties in Section 3 regarding sanctions, export controls, and restricted parties apply in full to your use of the App; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You are solely responsible for ensuring that your use of such Third-Party Accounts, and any permissions granted to us, comply with all relevant terms and conditions of those accounts. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists; (2) we may use such Social Network Content to personalize and enhance your experience on the Services, including providing tailored recommendations, connections, or content; and (3) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. You acknowledge and agree that your decision to link these accounts is voluntary and at your own risk. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. We are not responsible for disruptions caused by the unavailability of a Third-Party Account, nor do we guarantee uninterrupted access to Social Network Content. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We recommend that you review those agreements carefully to understand your rights and obligations. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. Upon deactivation, we will attempt to delete any data retrieved from such Third-Party Account that is stored on our servers, except for the username, profile picture, or other limited data necessary to maintain your account on the Services.
The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). These links and content are provided solely for your convenience and informational purposes and should not be construed as an endorsement or recommendation by us. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. We do not guarantee that any Third-Party Websites or Third-Party Content will be free from viruses, malware, or other harmful components, and you are solely responsible for implementing safeguards to protect your devices and data. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. Our interactions with such websites or content, including but not limited to any purchases, services, or agreements, are solely between you and the third-party provider. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. We reserve the right to disable links to any Third-Party Websites or remove Third-Party Content in our sole discretion, without prior notice.
We may display promotional content within the Services, including content related to Talkpal’s own products, features, and services. We may also work with third-party advertising partners, ad networks, and retargeting platforms to deliver targeted or personalized advertising, as described in our Privacy Policy. We do not sell advertising space directly to third-party advertisers for display within the App. For details on the categories of information shared with advertising partners and how to opt out, please refer to our Privacy Policy and our Cookie Notice at https://talkpal.ai/cookie-policy.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: https://talkpal.ai/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the Netherlands, Sweden, United States, United Kingdom, France, Germany, other EU countries, and other countries as described in our Privacy Policy. Where your personal data is transferred to countries outside your country of residence, we ensure that such transfers are protected by appropriate legal safeguards. For users located in the European Economic Area (EEA), the United Kingdom, or Switzerland, transfers to countries that have not received an adequacy decision are protected by Standard Contractual Clauses approved by the European Commission (or the UK equivalent, as applicable), or by other lawful transfer mechanisms under applicable data protection law. Details of the safeguards we use are described in our Privacy Policy. For users located outside the EEA/UK/Switzerland, by using the Services you acknowledge that your data may be processed in the countries listed above.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). Your Notification must include sufficient detail to identify the copyrighted work and the material alleged to be infringing, as well as proof of your ownership or authorization to act on behalf of the copyright owner. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please note that we reserve the right to remove or disable access to allegedly infringing material without prior notice to the user responsible for its publication, if we determine in our sole discretion that such action is warranted. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. This includes, but is not limited to, claims made in bad faith or without adequate investigation into the ownership or use of the allegedly infringing material. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney. We recommend submitting your Notification in accordance with the Digital Millennium Copyright Act (DMCA) or applicable copyright laws to ensure compliance with legal requirements.
These Legal Terms shall remain in full force and effect while you use the Services. Your continued use of the Services constitutes your agreement to abide by all provisions of these Legal Terms, as they may be updated from time to time. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) IF WE REASONABLY BELIEVE: (A) YOU HAVE VIOLATED THESE LEGAL TERMS; (B) YOUR USE CREATES A SECURITY RISK OR LEGAL EXPOSURE FOR TALKPAL OR OTHERS; (C) YOU HAVE ENGAGED IN FRAUD, ABUSE, OR SUSPICIOUS ACTIVITY; (D) YOUR USE HARMS OR INTERFERES WITH THE SERVICES, OUR SYSTEMS, OR OTHER USERS; OR (E) SUSPENSION OR TERMINATION IS REQUIRED TO COMPLY WITH LAW OR A LAWFUL REQUEST FROM AUTHORITIES. WHERE REASONABLY PRACTICABLE, WE WILL PROVIDE NOTICE AND AN OPPORTUNITY TO APPEAL OR CURE. WE MAY SUSPEND OR TERMINATE IMMEDIATELY AND WITHOUT PRIOR NOTICE WHERE WE BELIEVE IT IS NECESSARY TO PROTECT THE SERVICES, USERS, OR THIRD PARTIES, OR TO COMPLY WITH LAW. We may terminate your use of the Services or delete your account in accordance with the reasons described above. Where reasonably practicable, we will provide notice and an opportunity to appeal. This includes, but is not limited to, situations where we detect fraudulent activity, unauthorized use of the Services, or any actions that pose a risk to our systems or other users.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. We reserve the right to monitor attempts to create new accounts by previously terminated users and to take appropriate technical or legal measures to enforce this prohibition. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. This may include reporting any unlawful conduct to relevant law enforcement authorities and cooperating fully with investigations.
For Authorized Users under an organizational account (Section 1A), termination of the Customer’s subscription or removal of an Authorized User by the Customer’s Administrator will result in deactivation of the corresponding Organizational Sub-Account(s). The Authorized User’s Account, Personal Sub-Account, and any Organizational Sub-Accounts associated with other Customers will remain unaffected. Sub-Account Data from deactivated Organizational Sub-Accounts will be deleted in accordance with Section 4A. If the Customer has entered into a separate Order Form with us, the term and renewal provisions of that Order Form will govern the duration of Organizational Sub-Account access, and this Section 19 will apply to the extent not inconsistent with such Order Form.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. This includes, but is not limited to, modifications to features, functionality, pricing, or availability of any part of the Services. However, we have no obligation to update any information on our Services. You acknowledge and agree that we may introduce modifications to enhance user experience, comply with legal or regulatory requirements, or address technical challenges. Such modifications may require adjustments on your part to ensure continued compatibility with the Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. You acknowledge that all updates, enhancements, or releases provided are at our sole discretion and may not be uniformly available to all users.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Nothing in these Legal Terms limits any statutory rights you may have under the mandatory consumer protection laws of your country of residence, which cannot be waived by contract.
Before initiating any formal legal proceedings, you agree to first contact Talkpal at support@talkpal.ai and provide a written description of the dispute. The parties will attempt to resolve the dispute informally for a period of thirty (30) days. If the dispute is not resolved within that period, any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in New Castle County, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Notwithstanding the foregoing, if you are a consumer resident in the European Economic Area or the United Kingdom, you may bring proceedings in the courts of your country of residence as required by applicable mandatory consumer protection law, and nothing in this Section prevents you from doing so. Additionally, if you are a consumer resident in the EU, you may also use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. This limitation period does not apply where mandatory law in your jurisdiction prescribes a longer period, in which case the mandatory period shall apply. For users resident in the European Economic Area or the United Kingdom, the applicable statutory limitation period of your country of residence shall apply.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE END USER LICENSE AGREEMENT (EULA) WITH RESPECT TO THE LICENSED APPLICATION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH HYPERLINKED WEBSITES, THIRD-PARTY ADVERTISEMENTS DISPLAYED IN CONNECTION WITH THE SERVICES, OR ANY WEBSITE OR MOBILE APPLICATION LINKED TO OR FROM THE SERVICES, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU ARE RESPONSIBLE FOR EXERCISING YOUR BEST JUDGMENT, CAUTION, AND DUE DILIGENCE. THIS INCLUDES VERIFYING THE LEGITIMACY OF THIRD-PARTY OFFERINGS AND UNDERSTANDING THE ASSOCIATED RISKS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. IF NO PAYMENTS HAVE BEEN MADE BY YOU TO US DURING SUCH PERIOD, OUR LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00) OR THE MINIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE ENTERED INTO A SEPARATE ORDER FORM OR SUBSCRIPTION AGREEMENT UNDER SECTION 1A THAT SPECIFIES A DIFFERENT LIABILITY CAP, THE CAP IN THAT ORDER FORM SHALL APPLY. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions, including any Content or material you upload, transmit, or otherwise make available through the Services; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.
YOUR OBLIGATION TO INDEMNIFY US APPLIES TO CLAIMS ARISING FROM YOUR USE OF THE SERVICES, YOUR CONTENT, OR YOUR VIOLATION OF THESE LEGAL TERMS. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH OUR DEFENSE OF SUCH CLAIMS. YOU SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT. OUR FAILURE TO PROVIDE SUCH NOTICE SHALL NOT RELIEVE YOU OF YOUR OBLIGATION TO INDEMNIFY US, EXCEPT TO THE EXTENT THAT SUCH FAILURE MATERIALLY PREJUDICES YOUR ABILITY TO DEFEND AGAINST THE CLAIM.
Notwithstanding the foregoing, if you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, this Section 26 shall apply only to the extent permitted by the mandatory consumer protection laws of your country of residence. Nothing in this Section requires you to indemnify us to the extent prohibited by applicable mandatory law.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
As part of operating the Services, we may send you service-related communications, such as account notifications, security alerts, changes to our terms and policies, and other administrative messages. These communications are a necessary part of the Services and are not considered marketing.
We may also send you marketing and promotional communications — such as newsletters, learning tips, and special offers — related to the Services and similar products. Where we do so, we rely on our legitimate interest in promoting our Services to existing users (in accordance with applicable law, including Article 13(2) of the ePrivacy Directive for users in the EEA/UK), and we will always provide you with a clear and easy way to opt out. You can unsubscribe from marketing communications at any time by clicking the unsubscribe link included in each email or by contacting us at support@talkpal.ai. Opting out of marketing communications does not affect service-related messages necessary for the administration of your account.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Talkpal, Inc. provides a platform where users can engage in various interactive activities including, but not limited to, conversations, roleplays, debates, chats, diverse modes, and more, featuring artificial intelligence (AI) or AI characters. AI characters available on the platform may share names or general characteristics with well-known public figures, historical figures, or fictional characters. These AI characters are entirely fictional constructs and do not represent, reflect, or replicate the actual views, statements, personality, or conduct of any real individual. Talkpal makes no claim of affiliation with, endorsement by, or authorization from any person whose name or likeness may be referenced. Users should not rely on AI-generated content as an accurate representation of any real person. Talkpal is not responsible for any form of misinterpretation, misunderstanding or confusion caused by these resemblances. Users must acknowledge that the AI-generated content may occasionally be inaccurate, incomplete, offensive, or otherwise objectionable. Talkpal makes no guarantees regarding the quality, reliability, or appropriateness of AI-generated interactions. Talkpal is designed purely for the purposes of amusement, education, and personal development. Any information provided by users or generated by the AI should not be considered professional advice or factual representations of any kind. Users should not rely on interactions with the AI as a basis for any decision-making. Any user that chooses to make decisions based on the information provided during their interaction with AI does so at their own risk. Talkpal assumes no duty to warn or monitor users’ decision-making or usage patterns of the platform.
The limitations of liability and disclaimers set forth in Sections 24 and 25 of these Legal Terms apply in full to all AI-generated content and interactions described in this Section 31. For the avoidance of doubt, our total aggregate liability for claims arising from AI-generated content is subject to the same cap described in Section 25. By using Talkpal, all users agree to indemnify and hold Talkpal, its directors, officers, employees, and affiliates harmless against any claims, losses, liabilities, costs, damages or expenses (including attorney’s fees) arising out of or in connection with their use of the service, their inability to use the service, or from any decision made or action taken by them in reliance upon the service. Users acknowledge that they are using Talkpal at their own risk. In no event shall Talkpal or its affiliates be liable for damages or losses resulting from the use or misuse of our service, our software, any information obtained through our software, or any other cause beyond the reasonable control of Talkpal. This includes damages arising from AI-generated content that may be offensive, incorrect, or in violation of local, state, or international laws. Users are solely responsible for ensuring that their use of the platform complies with applicable laws and regulations in their jurisdiction. Notwithstanding the foregoing, if you are a consumer in the European Economic Area, the United Kingdom, or Switzerland, the indemnification and liability provisions in this Section 31 shall apply only to the extent permitted by the mandatory consumer protection laws of your country of residence. Nothing in this Section requires you to indemnify us to the extent prohibited by applicable mandatory law.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Talkpal, Inc.
2810 N Church St,
PMB 54222,
Wilmington, DE 19802-4447,
United States
support@talkpal.ai
Talkpal is an AI-powered language tutor available on web and mobile platforms. Accelerate your language fluency, chat about interesting topics by writing or speaking, and receive realistic voice messages wherever and whenever you want.
Talkpal, Inc., 2810 N Church St, Wilmington, Delaware 19802, US
© 2026 All Rights Reserved.
