Terms and Conditions

• These Terms and Conditions govern your access to and use of the Talkey mobile application and related services offered by Remelith Inc. ("Talkey," "we," "us," or "our"). By downloading, installing, accessing, or using Talkey, you agree to be bound by these Terms and our Privacy Policy.
• If you do not agree, do not use Talkey. Where permitted by law, we may require you to accept updated Terms to continue using the App.

• Eligibility: You must be at least 13 years old (or older where required by local law). If you are under 18 (or the age of majority in your jurisdiction), you may use Talkey only with consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
• Registration: You agree to provide accurate, complete, and current information and keep it updated. You may not create an account using false identity or on behalf of someone else without authority.
• Security: You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of any unauthorized access.
• One Account: You may maintain only one personal account unless we expressly approve otherwise.

• License: Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use Talkey for personal, non-commercial, educational purposes.
• Prohibited Uses: You may not:

• violate any law or regulation; infringe IP, privacy, or other rights;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive source code (except to the extent such restriction is prohibited by law);
• access or use the App to build a competing product or service; benchmark or publish performance results without our prior written consent;
• scrape, harvest, or collect data from the App (including via bots, crawlers, or similar tools);
• upload malware or interfere with the App's operation or security;
• use the App for commercial purposes without our written permission (including selling, renting, or sublicensing access);
• use, upload, or share content that is unlawful, harmful, defamatory, obscene, harassing, hateful, discriminatory, or otherwise violates our Community Standards.

• Reservation of Rights: We and our licensors reserve all rights not expressly granted.

• Our IP: The App, its content, features, look-and-feel, logos, trademarks, text, graphics, images, audio, video, software, code, and all associated intellectual property are owned by Remelith Inc. or its licensors and protected by applicable IP laws.
• User Content: You retain ownership of content you submit, post, or upload ("User Content"). You grant Talkey a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, use, reproduce, adapt, modify, create derivative works (such as format or layout changes), publish, translate, distribute, publicly perform, and publicly display your User Content for operating, improving, securing, and promoting the App and our services. This license continues for commercially reasonable time after you delete User Content to the extent it has been shared with others, incorporated into the App's operations, or retained in backup/archival systems.
• Content Standards: You represent and warrant you have all rights necessary to grant the foregoing license and that your User Content does not infringe or violate any third-party rights or law.
• Feedback: If you provide suggestions, ideas, or feedback, you grant Talkey a perpetual, irrevocable, worldwide, royalty-free right to use and exploit them without restriction or compensation.

• Your use of Talkey is subject to our Privacy Policy, which explains how we collect, use, disclose, and safeguard personal information. By using the App, you consent to our data practices as described in the Privacy Policy.
• Certain features (e.g., speech recognition, pronunciation analysis, usage analytics) may process audio or text you provide and may involve third-party processors as explained in the Privacy Policy. You can access the Privacy Policy at talkey.app/privacy.

• Community Standards: Maintain a respectful, safe learning environment. Prohibited conduct includes harassment, hate speech, threats, sexual content involving minors, explicit or excessively violent content, doxxing, impersonation, spam, and cheating.
• Enforcement: We may remove content, restrict features, or suspend or terminate accounts for violations or risk to users, our services, or third parties, at our discretion and where permitted by law.

• Integrations: Talkey may integrate with or provide links to third-party platforms (e.g., app stores, analytics, cloud storage, content providers, AI services). Your use of such services is governed by their terms and privacy policies. We do not control and are not responsible for third-party services.
• External Content: Articles, podcasts, and other materials accessible via the App may be provided by third parties. We do not endorse and are not responsible for their accuracy, legality, or quality.

• Through App Stores: Paid subscriptions are billed and managed by Apple App Store or Google Play (as applicable) under their terms, including renewals, cancellations, and refunds.
• Auto-Renewal: Subscriptions renew automatically until canceled. You can cancel in your device's app store settings before the next billing date to avoid future charges.
• Pricing and Taxes: Prices may change. Where required, we will provide notice per platform rules. Taxes may apply based on your location.
• Free Trials: If offered, trials convert to paid subscriptions unless canceled before the trial ends. Eligibility limits may apply.
• Refunds: Unless required by law, all fees are non-refundable and subject to the applicable app store's refund policies. We do not process refunds directly for purchases made via app stores.
• Failure to Pay: We may suspend or downgrade access if payment fails.

• By You: You may stop using the App at any time and request account deletion per our Privacy Policy.
• By Us: We may suspend or terminate your access immediately, where permitted, for violations of these Terms, legal or security risks, fraud, nonpayment, extended inactivity, or to comply with law.
• Effects: Upon termination, rights granted to you end immediately, and we may delete your data per our retention practices and legal obligations. Subscription fees already paid are not refunded unless required by law.

• The App and all content are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing or performance.
• We do not warrant that the App will be uninterrupted, secure, or error-free, that defects will be corrected, or that information is accurate or reliable.
• Educational Disclaimer: Language learning outcomes vary. We do not guarantee results, fluency, test performance, or academic or professional outcomes.
• Jurisdictional Limits: Some jurisdictions do not allow disclaimer of implied warranties. To the extent prohibited, the foregoing disclaimers apply to the maximum extent permitted by law.

• To the fullest extent permitted by law, Talkey and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the App.
• Cap: Our total liability for all claims relating to the App shall not exceed the greater of (a) the amount you paid to Talkey (if any) during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) USD $100.
• Jurisdictional Limits: Some jurisdictions do not allow certain limitations of liability. To the extent prohibited, the foregoing limitations apply to the maximum extent permitted by law.

• Governing Law: These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles.
• Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@talkey.app. If not resolved within 30 days, either party may proceed.
• Binding Arbitration: Except for claims that may be brought in small claims court and claims seeking injunctive relief to protect IP or confidentiality, any dispute arising out of or relating to these Terms or the App will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat shall be Delaware, USA, and hearings may be conducted remotely by mutual agreement.
• Class Action Waiver: Disputes must be brought on an individual basis and not as a class, consolidated, or representative action or proceeding.
• Opt-Out: You may opt out of arbitration by sending written notice to legal@talkey.app within 30 days after you first accept these Terms. If you opt out, you agree to the exclusive jurisdiction of the state and federal courts located in Delaware for any litigation, and you waive any objection to venue or forum non conveniens.

• We may update these Terms from time to time. Material changes will be notified via in-app notice, email, or other reasonable means. The "Last Updated" date will be revised. Your continued use after changes take effect constitutes acceptance of the updated Terms.
• For certain changes, we may seek your explicit consent. If you do not agree, you must stop using the App.

• If you believe content infringes your copyright, send a notice to: Remelith Inc., Attn: Legal Department (DMCA), 123 Innovation Drive, Suite 100, San Francisco, CA 94105, USA, Email: legal@talkey.app
• Your notice must include: (1) a signature of the rights owner or authorized agent; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and its location; (4) contact information; (5) a statement of good-faith belief; and (6) a statement under penalty of perjury that the information is accurate and you are authorized to act. We may remove content and terminate repeat infringers in appropriate circumstances.

• App Stores: You acknowledge these Terms are between you and Talkey only, not Apple or Google. Apple and Google are not responsible for the App or its content and have no obligations to furnish maintenance or support. Apple (and Apple's subsidiaries) and Google (and its subsidiaries) are third-party beneficiaries to these Terms and may enforce them against you.
• Device/Network: You are responsible for compatible devices, operating systems, and network access. Carrier data charges may apply.
• Export: You represent that you are not located in a country subject to U.S. embargo or on any U.S. government restricted list. You agree to comply with all export, import, and sanctions laws.

• Some features may analyze text or audio you submit (e.g., pronunciation, transcription, translation) and may use third-party processors under data protections described in our Privacy Policy. Outputs may contain errors or inaccuracies. Do not rely on outputs where harm could result from inaccuracies.
• You agree not to use content from Talkey to train models without our express written consent.

• We may introduce beta or experimental features that may change, break, or be discontinued at any time. We may modify or discontinue the App (or any part) with or without notice, where permitted by law.

• You agree to indemnify, defend, and hold harmless Talkey and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the App, or your violation of these Terms or applicable law.

• Entire Agreement: These Terms, along with any applicable policies referenced (including the Privacy Policy and Community Guidelines), constitute the entire agreement between you and Talkey regarding the App.
• Severability; Waiver: If any provision is found unenforceable, it will be severed and the remainder enforced. Our failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for delays or failures due to causes beyond our reasonable control.
• Notices: We may provide notices via the App, email, or your account contact details. You consent to receive electronic communications.
• Survival: Sections that by their nature should survive termination (including payment obligations, IP, limitations of liability, indemnities, dispute resolution, and miscellaneous) will survive.

If you have any questions, concerns, or feedback regarding these Terms and Conditions or the Talkey App, please don't hesitate to contact us using the information below.