Terms of Service for TalkTastic Beta

Last updated: April 4, 2024

Note: These Terms of Service apply specifically to the beta phase of the TalkTastic Platform. The terms and conditions outlined herein may be subject to changes upon the official launch of the platform.

1. Your Relationship With Us

Welcome to TalkTastic (the “Platform”), which is provided by Present Communications, Inc. in the United States (collectively such entities will be referred to as “TalkTastic”, “we” or “us”).

You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND TalkTastic AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TalkTastic WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with TalkTastic, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

4. Your Account with Us

You must be 18 years of age or older to use TalkTastic. To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately via email at legal@talktastic.com.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account deleted, contact us at legal@talktastic.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

5. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

  • access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
  • make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein;
  • distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
  • market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
  • use the Services, without our express written consent, for any commercial or unauthorized purpose;
  • interfere with or attempt to interfere with the proper working of the Services;
  • incorporate the Services or any portion thereof into any other program or product;
  • use automated scripts to collect information from or otherwise interact with the Services;
  • use the Services to solicit personal information from anyone under the age of 18;
  • impersonate any person or entity;
  • intimidate or harass another, or promote sexually explicit material, violence or discrimination;
  • use the Services in a manner that may create a conflict of interest;
  • upload, transmit, distribute, or otherwise make available files that contain viruses, trojans, worms, or other malicious material;
  • engage in unsolicited or unauthorized advertising or solicitation;
  • include any private information of any third party;
  • upload or transmit material which may infringe any copyright, trademark, or other intellectual property or privacy rights of any other person;
  • share any material that is defamatory, obscene, offensive, hateful, or inflammatory;
  • upload material that would encourage or provide instructions for a criminal offense;
  • share material that contains threats of any kind;
  • share material that is racist or discriminatory;
  • share answers or comments that you are not properly licensed or qualified to provide; or
  • share material that, in the sole judgment of TalkTastic, is objectionable or which restricts or inhibits any other person from using the Services.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.

6. User Content

You represent and warrant that you own all right, title and interest in and to your User Content, including all copyrights and rights of publicity contained therein. You hereby grant TalkTastic a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation or improvement of the Service.

7. Biometric Data

You represent and warrant that you own all right, title and interest in and to the likeness in any content you upload. We may add a biometric face verification step to the avatar creation process. We prefer to store your biometric data locally on your device, but we may need to store it on the Platform when you attempt to create a custom avatar.

If you delete your TalkTastic account, your biometric data on the Platform will be destroyed. If you do not log in for three years, your biometric data will also be destroyed.

8. Intellectual Property Rights

We respect intellectual property rights. TalkTastic is a registered US trademark. Nothing in these Terms grants you any rights to use any of TalkTastic Trademarks without prior written permission.

9. Indemnity

You agree to defend, indemnify, and hold harmless TalkTastic from any claims arising out of a breach by you of these Terms.

10. EXCLUSION OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS”. WE MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, OR BE SECURE.

11. COPYRIGHT COMPLAINTS

If you believe your work has been copied in a way that constitutes copyright infringement, notify TalkTastic by emailing legal@talktastic.com with the required information as set forth in our policies.

12. LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.

13. Other Terms

Open Source

The Platform contains certain open source software.

Entire Agreement

These Terms constitute the whole agreement between you and TalkTastic.

Links

You may link to our home page, provided you do so legally.

No Waiver

Failure to enforce any provision of these Terms does not waive that provision.

Security

We do not guarantee that our Services will be secure or free from bugs or viruses.

Severability

If any provision is invalid, the remaining provisions will continue to be valid and enforceable.

ARBITRATION AND CLASS ACTION WAIVER.

You agree to binding arbitration for disputes. You may opt out of this within thirty days of your access or use of the Services by emailing legal@talktastic.com.

California Consumer Rights Notice

California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Exports

You agree not to export the Services without proper authorization.

U.S. Government Restricted Rights

The Services and documentation are considered "Commercial Items" under US regulations.

Contact Us.

You can reach us via email at legal@talktastic.com or write us at: Present Communications Inc., 601 Marshall Street, Redwood City, CA, 94063.