Terms of Service

Last Update: February 2, 2022

Welcome to the Talkyplus platform.

1. Welcome

You should read the Terms of Service (“Terms”), which govern the relationship and constitute an agreement between you and us and set out the terms and conditions on which you may access and use the Platform and related websites, services, applications, products and content (collectively, the “Services”). We provide our services for private, non-commercial use. In these Terms, “you” and “your” mean that you are a user of the Services.

The Terms constitute a legally binding agreement between you and us, so please take the time to read them carefully.

2. Agree to the terms

By accessing or using our Services, you agree to enter into a binding contract with Talkyplus, and your acceptance of and compliance with these Terms. Your access to and use of our Services is also subject to Privacy Policy and Community Policy, the terms of which can be found on the platform, where the platform specifies to download from, or the mobile app store, in addition to including them here for your reference. By using the Services, you agree to the terms of the Privacy Policy.

If you access or use the Services within a jurisdiction that has separate Supplemental Terms, you hereby agree to the Supplemental Terms applicable to users in each jurisdiction as set out below, and in the event of a conflict between the provisions of the Jurisdiction Supplemental Terms relating to the jurisdiction in which you access or use the Services, and the provisions of these Terms, the provisions of the Jurisdiction Supplemental Terms shall prevail. The "Supplemental Terms" section is part of these Terms.

3. Eligibility

You may access or use the Services only if you have entered into a binding contract with Talkyplus and comply with these Terms and all applicable laws. Any access to or use of the Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

4. Your Account with us

To access or use some of our Services, you must create an account with us. When you create this account, you must provide us with accurate and complete information. It is important that you keep your account password confidential, and you are solely responsible for the activity that occurs through your account. Therefore, we advise you to use a strong password that includes a combination of letters, numbers, and symbols. We advise you to notify Talkyplus immediately if you become aware of any breach of security or unauthorized use of your account.

5. Your Content

We consider "Your Content" to be all information, content, and materials that you submit or generate through the Services. You are responsible for Your Content. You grant us the right to store, use, and process Your Content in accordance with our Privacy Policy.

Please refer to our Community Policy to understand what content is prohibited on the Talkyplus Platform.

6. Intellectual Property Rights

All intellectual property rights related to the Services and their content (excluding Your Content) are owned by Talkyplus or licensed to it. You may not use, copy, reproduce, distribute, or create derivative works from such content without our express written consent.

7. Third-Party Content and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Talkyplus. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

8. Disclaimers

Our Services are provided "as is" and "as available" without any warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Talkyplus does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Talkyplus be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Indemnification

You agree to defend, indemnify, and hold harmless Talkyplus and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) content posted on the Service.

11. Governing Law and Conflict Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. In the event of a dispute between the parties in relation to these Terms:

  • If the Dispute relates to a financial claim in accordance with the limits established by the Small Claims Court of the DIFC from time to time, then either party shall refer the Dispute to the said Tribunal;
  • For all other disputes, the parties shall endeavor to settle the dispute by mediation in accordance with the Mediation Rules of the DIFC Arbitration Center - London Court of International Arbitration; Those rules are incorporated by reference into this clause. If the Dispute cannot be settled by mediation within 30 days of the commencement of mediation, or within such other period as the parties may agree in writing, the Dispute will be referred to arbitration and finally adjudicated under the Arbitration Rules issued by the DIFC Arbitration Center - London Court of International Arbitration; Those rules are incorporated by reference into this clause. English is used in mediation and arbitration. Any arbitration proceedings, conducted in accordance with this clause, shall be held in the Emirate of Dubai and are competent to consider it.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at Privacy@talkyplus.com.

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