Privacy Policy

Insofar as talkk.ai receives personal data from the Customer, employees of the Customer, as well as the Customer’s End-Users during the Agreement, such data shall be collected, processed, and used by talkk.ai as described in our Privacy Policy.

Guarantee

1. talkk.ai guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services in accordance with their use and purpose.

2. talkk.ai does not guarantee the compatibility of offered Services with other producers’ software. The Customer shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the Customer’s objectives. Please be aware that due to the complexity of long-distance data transmission, there is no possibility to ensure absolute security, accessibility, and continuity of the provided Service.

3. talkk.ai shall bear no liability in particular for:

  1. All negative consequences being the result of force majeure;
  2. Phrases and entries added to the network by the Customer and End-Users in connection with the use of offered Services;
  3. Unlawful and inconsistent with the Agreement usage of Services;
  4. Disturbances in accessibility of offered Services not caused by talkk.ai;
  5. Damages suffered by the Customer, End-User, or any other person or entity having arisen due to the third-party claims, suspension or closing of the account by the Customer, or for other reasons arising from the Customer’s fault;
  6. Damage incurred by the Customer, End-Users, or any other person or entity as a result of Customer’s third party usage of Services that enable or prevent the Customer or End-Users from accessing the provided Services;
  7. Damages caused by the Customer or the impossibility to use Services, incidental and consequential damages, including damage actually suffered, the loss of expected profits/benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, or company reputation infringement;

4. talkk.ai advises the Customer that restrictions or impairments of the Service may arise which are beyond the control of talkk.ai, including, without limitation, actions of third parties who do not act on behalf of talkk.ai, force majeure, fires, strikes, accidents, and technical conditions beyond the control of talkk.ai, e.g. the Internet. The hardware, software, and technical infrastructure used by the Customer can also influence the Services. Any delay or default affecting the availability, functionality, or timely performance of the Services caused by such circumstances will not constitute a breach of the Agreement;

5. The Company shall, at its sole discretion, repair or re-perform such Services (or correct the defective part). If, at the sole discretion of the Company, the error cannot be corrected with reasonable commercial efforts, then the Company, at its sole discretion, may terminate the affected Services and credit the price of such defective Services that the Customer prepaid on a pro-rata basis for the period following the effective date of termination of the affected Services. THESE REMEDIES SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND talkk.ai ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED GUARANTEE SET FORTH IN THIS SECTION.

General statements

1. On principles set out in these Terms and Conditions, talkk.ai renders the following Services: LiveChat, HelpDesk, ChatBot and Knowledge Base via the following Internet websites www.talkk.ai.

2. Accepting these Terms and Conditions, along with the Privacy Policy, is a condition of using the Services provided by talkk.ai The Agreement, and the relevant Documents, exclusively govern the contractual relationship between the Customers and the Company.

3. Customer’s access to the Internet is not the subject of the Agreement. The Customer bears sole responsibility for the functionality of its Internet access, including the transmission paths and its own hardware.

4. Please keep in mind that talkk.ai may modify the provisions of the Agreement, and only those currently visible on our website are up to date and binding. However, modifications shall not adversely affect the main provisions of the Agreement, such as terms of payment or termination of Services. Such changes shall take place with prior explicit notification to the Customer at least thirty (30) days before the change implementation and, if not clearly rejected within (seven) 7 days after the notification, are treated as accepted. Therefore, we encourage you to periodically familiarize yourself with the currently effective Terms and Conditions version on our Internet websites.

5. Further use of Services, after explicit notification of changes by talkk.ai and in the absence of Customer rejecting such changes, after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Customer from using the Services.

Liability

1. Liability. The Company shall be liable for any direct damage caused to the Customer due to the non-compliance with its obligations under the Agreement, excluding the situation where the damages are the result of an action or omission for which the Company is not responsible. However, in no event shall the aggregate liability of the Company with all of its affiliates arising out of, or related to, the Agreement, (including the applicable Addendum(s)), exceed the total amount paid by the Customer and its affiliates hereunder for the Services giving rise to the liability in the twelve (12) months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Customer’s and its affiliates’ payment obligations under the Agreement.

2. The Customer agrees to the following limitation of liability to the extent permitted by applicable law: the Customer expressly understands and agrees that the Company shall not be liable to the Customer for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) statements or conduct of any third party on or in the Services; or © any other matter relating to the Services.

Final provisions

1. talkk.ai reserves the right to amend or supplement the Agreement at any time without notice. As long as the Customer uses the Services, the amendments or supplements to the Agreement shall be deemed approved. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” and “Privacy Policy” at the bottom of our website.

2. If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.