Terms of Service

1. Acceptance of Terms

By accessing or using TalkMore.ai ("the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and by all policies incorporated by reference, including our Privacy Policy. If you do not agree to all of these Terms, do not access or use the Service. These Terms form a legally binding agreement between you and TalkMore.ai. You represent that you have the legal capacity to enter into this agreement, or that you are using the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2. Description of Service

TalkMore.ai is an intelligent language learning platform that provides:

• Interactive conversation practice
• Real-world scenario-based learning
• Personalized feedback and progress tracking
• Community-generated content and scenarios
• Voice and text-based learning modes

3. Eligibility and Age

The Service may be used by learners of all ages. If you are under the age of majority in your jurisdiction, you should use the Service only with the involvement and consent of a parent or guardian. By using the Service, you represent that you meet any applicable age requirements or have obtained such consent. We reserve the right to refuse, suspend, or terminate access to any person or in any jurisdiction at our discretion.

4. User Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

5. User Content and Conduct

You may create, upload, and share content through the Service ("User Content"). You are solely responsible for your User Content and your conduct. You agree that your User Content and use of the Service will not:

• Violate any laws or regulations
• Infringe on intellectual property, privacy, or other rights
• Contain harmful, offensive, defamatory, or inappropriate material
• Include spam, malware, or malicious code
• Impersonate others or provide false information
• Attempt to reverse engineer, scrape, overload, disrupt, or gain unauthorized access to the Service or its systems
• Use the Service to build or train a competing product, or to resell or redistribute AI Output on a standalone basis

6. AI-Generated Content; No Professional Advice

The Service uses artificial intelligence to generate conversation responses, feedback, corrections, translations, scores, and other content ("AI Output"). AI Output is produced automatically and may be inaccurate, incomplete, outdated, offensive, or otherwise inappropriate. We do not independently verify AI Output before it is delivered to you, and we make no representation or warranty that it is accurate, reliable, or fit for any purpose.

• AI Output is provided for language-learning and general informational purposes only.
• AI Output does not constitute professional, legal, medical, financial, or other expert advice, and must not be relied upon as such.
• You are responsible for independently evaluating the accuracy and appropriateness of any AI Output before relying on it.
• To the fullest extent permitted by law, we are not liable for any decision made or action taken in reliance on AI Output.

7. Privacy and Data

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as outlined in our Privacy Policy. You are responsible for not submitting sensitive personal information you do not wish to be processed by the Service or its third-party AI providers.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by TalkMore.ai and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You retain ownership of the User Content you create, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, use, reproduce, modify, adapt, publish, and display your User Content as needed to operate, provide, secure, and improve the Service. If you send us suggestions or feedback, you grant us an unrestricted, perpetual right to use them without obligation to you. We respond to valid intellectual-property notices, including under the U.S. Digital Millennium Copyright Act (DMCA), and may remove infringing content and terminate repeat infringers.

9. Payment, Subscriptions, Auto-Renewal, and Refunds

Some features of the Service require payment. Payments are processed by third-party payment processors, and you authorize us and them to charge your selected payment method. By purchasing a subscription, you agree to the following:

• You will pay all charges, fees, and applicable taxes associated with your account.
• You will provide accurate, current billing information and keep it up to date.
• Subscriptions renew automatically for successive periods at the then-current price until cancelled, and you authorize recurring charges until you cancel.
• You may cancel at any time through your account settings or as otherwise described in the Service; cancellation takes effect at the end of the current billing period.
• Except where required by applicable law or expressly stated in our refund policy, payments are non-refundable and partial periods are not prorated.
• We may change prices, plans, features, or usage allowances prospectively; material changes will be communicated before they take effect, and continued use after a change constitutes acceptance.

10. How We Measure and Charge AI Usage

Our subscription plans are priced based on your active use of AI-powered features — specifically, the language model service that generates conversation responses and the voice synthesis service that reads text aloud. These are the two components that carry a direct operating cost for us, and they are the only activities counted toward your monthly or annual usage allowance. We do not charge for, or count against your allowance, any of the following: viewing your dashboard, reading feedback summaries, browsing scenarios, managing your account settings, or any other activity that does not involve generating AI responses or synthesizing speech. Usage is measured by the volume of content processed (words and characters exchanged during practice), and our cost basis reflects real third-party service fees we incur to run those AI systems on your behalf. We aim to set plan limits that give the vast majority of learners ample headroom for regular practice; if you approach your limit, we will notify you before access is interrupted. Actual available practice time may vary depending on the length and complexity of your conversations. We reserve the right to set, adjust, meter, and enforce usage limits, and to throttle, suspend, or charge for usage that is excessive, automated, or inconsistent with normal individual practice, in order to protect the Service, control operating costs, and ensure fair access for all users.

11. Disclaimer of Warranties

THE SERVICE AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TALKMORE.AI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT OR AI OUTPUT WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TALKMORE.AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY AI OUTPUT, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.

13. Indemnification

You agree to indemnify, defend, and hold harmless TalkMore.ai and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or any applicable law; or (d) your violation of any rights of a third party.

14. Third-Party Services

The Service relies on and integrates third-party services, including payment processing, cloud hosting, and AI language-model and speech providers. Your use of features that depend on those providers may be subject to the providers' own terms and privacy practices. We are not responsible for the acts, omissions, availability, accuracy, or content of any third-party service, and we disclaim liability for any loss or damage arising from your use of them.

15. Service Availability

We strive to maintain high availability but cannot guarantee uninterrupted access to the Service. We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time with or without notice, and we will not be liable to you or any third party for doing so.

16. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or to comply with law. You may terminate by cancelling your subscription and discontinuing use. Upon termination, your right to use the Service ends immediately. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

17. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except where prohibited by law, you and TalkMore.ai agree to first attempt to resolve any dispute informally by contacting us and allowing 30 days to resolve it. If unresolved, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, and shall be governed by the Federal Arbitration Act. YOU AND TALKMORE.AI WAIVE THE RIGHT TO A TRIAL BY JURY. Disputes will be arbitrated only on an individual basis; YOU AND TALKMORE.AI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You may bring an individual claim in small-claims court if it qualifies. You may opt out of this arbitration agreement by sending written notice to help@talkmore.ai within 30 days of first accepting these Terms.

18. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any dispute not subject to arbitration, you and TalkMore.ai consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California.

19. Force Majeure

We will not be liable or responsible for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, third-party service outages, cyberattacks, or epidemics.

20. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of it. These Terms, together with the Privacy Policy and any policies referenced herein, constitute the entire agreement between you and us regarding the Service. You may not assign or transfer these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.

21. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.

22. Contact Information

If you have any questions about these Terms of Service, please contact us at:

• Email: help@talkmore.ai
• Address: TalkMore.ai, 440 N Wolfe Rd, Sunnyvale, CA 94085