Terms and Conditions

This talkk.ai Terms and Conditions, along with the Privacy Policy, constitute an Agreement established by and between talkk.ai and the Customer by virtue of the Customer registration to the Services through the applicable Company website and is effective as of the date of the Customer registration to the Services (the “Effective Date”). By accepting the Agreement, the Customer confirms that they have read, understood and accepted its contents.

Each party represents that it has validly entered into the Agreement and has the legal power to do so, and represents and warrants to the other that (a) the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such Party’s execution, delivery, or performance of the Agreement; and © the execution, delivery, and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound, or any applicable law or regulation.

Please also review our Privacy Policy, which is part of the Agreement and can be viewed here. The Privacy Policy describes how we collect and handle any information gathered from the Customer and other users of the Services. By accessing or using Services, including browsing the site, the Customer accepts Privacy Policy and expressly consents to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy. The Agreement comprised of talkk.ai Terms and Conditions and talkk.ai Privacy Policy and any Addendum(s) attached thereto and exclusively govern the entire contractual relationship between the Customer and talkk.ai relating to the subject matter herein and supersedes any prior written or oral arrangements or other provisions between the Parties, with respect to the subject matter hereof and by execution hereof Customer agrees thereto. In the event of any conflict between the Agreement and any Addendum thereto, the provisions of the Agreement take precedence. Parties to the Agreement are bound by the following provisions.

Definitions

The following terms shall have the meanings specified below:

“Account,” “License” – means any account created by the Customer subscribing to Services.

“Agent”means a named user(s) in the Service employed by the Customer to operate Services for or on behalf of the Customer.

“Confidential Information” means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential.

“Company,” “We” , “Us” (or “Provider” in the Data Protection Addendum) means talkk.ai The worldwide corporate headquarters and principal office of the Company shall be G-1001 Lotus Corporate Park, Off WEH, Goregaon (E), Mumbai-400 063, India.

“Customer,” “You” (or “Client” in Addendums to the Agreement) means any user, person, or entity who creates an account and uses Services supplied by the Company under the Agreement.

“Documents” means any relevant document that is, or may be, related to the Agreement, including, but not limited to, applicable Addendum(s).

“End-User” means any person with whom the Customer or its Agents interact with while using Services.

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 website www.talkk.ai.

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 website 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.

15. 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.

Services description

1. talkk.ai provides the Customer with access to ordered software available on the websites: www.talkk.ai for the term specified in the Agreement. The software used by the Customer in accordance with its application and purpose defined in the Agreement, available on the websites: www.talkk.ai and provided by talkk.ai shall be deemed Services.

2. The usage of any new Services available on the aforementioned websites, after the Customer has accepted the Terms and Conditions, shall be subject to its provisions.

3. talkk.ai is exclusively entitled to add, change, remove, and adapt the functionality, the use, subject matter, and the range of particular Services, including the software provided, its contents, and its nature; as well as to cease rendering the Services, in particular, in the event of further development of the Services offered by the Company.

Access and the use of Services

1. talkk.ai Services are exclusively designated for business use and must be used only in accordance with their contractual intended purpose, aim, and the Agreement. Detailed guidelines concerning the proper use of the Services are described in the Acceptable Use Policy section below.

2. talkk.ai Services can be accessed solely by logging in to the Service on a particular website. talkk.ai provides the Customer with the login data required for the identification and authentication of named users in the Service (except Services in which Agents are not required). The Customer is not permitted to transfer login data to third parties other than defined. New and/or additional users will be notified by the Customer to talkk.ai in advance so that individual login data can be provided to each user and, if necessary, the fee calculation can be adjusted.

3. Every Customer is assigned a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for the proper protection and storage of their password and login (credentials). The login data for the Services may not be passed on or used by several persons at the same time. Access to, and use of, the Services is restricted to the specified number of individual Agents permitted under the Customer subscription to the applicable Service. The Customer agrees and acknowledges that each Agent’s credentials shall only be used by one (1) designated individual Agent. The Customer further agrees and acknowledges that an Agent’s credentials cannot be shared or used by more than one individual, but that Agent’s credentials may be reassigned to new individuals replacing former individuals who no longer require ongoing use of the Services. The Customer and its Agents are responsible for maintaining the confidentiality of all of the Agent credential information for the Customer Account.

4. The Customer must be at least 16 years of age to be able to register and to access his or her Account. talkk.ai does not knowingly provide Services to any person under the age of 16.

5. The Customer undertakes to use the Services exclusively for its own purpose and in a manner consistent with the currently effective law and the Agreement.

6. The Customer is fully responsible for any and all contents, phrases, and entries (“Input”) added to the network in connection with the use of offered Services. talkk.ai reserves the right to use the Input in the event of fraudulent or illegal activity of the Customer.

7. The Customer is responsible for compliance with the provisions of the Agreement by Agents and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Services to store and transmit Service Data is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations the Customer may maintain or enter into with Agents or End-Users.

8. The Customer understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.

9. talkk.ai reserves the right to access Customer accounts for technical and administrative purposes and for security reasons. The information obtained in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.

10. The Customers of talkk.ai Service declares that they will not use the Service in a way that may constitute a violation of laws.

11. Violation of the Agreement, applicable laws, or generally accepted norms and rules shall lead to the termination of the Agreement.

12. The Customer is responsible for providing valid and current Account information and the Customer agrees to promptly update its Account information, including payment information, with any changes that may occur (for example, a change in the Customer billing address or credit card expiration date).

Trademarks and Intellectual Property

1. “talkk.ai” is a registered trademark and is therefore subject to national, as well as international, protection.

2. talkk.ai states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, and computer software, as well as to all Company signs, symbols, and trademarks used within its scope of business activity.

3. The talkk.ai websites listed above and all information, content, material, graphics, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Visitors and the Customer through the aforementioned websites are its exclusive property of talkk.ai and are protected under applicable law.

4. The talkk.ai websites and all information, content, materials, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Customer through the aforementioned websites are provided on a “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and the Company, to the maximum extent permitted by applicable law, expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Customer acknowledges that the Company does not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software, and no information or advice obtained by you from us or through the Services shall create any warranty not expressly stated in the Agreement.

5. Customer grants to talkk.ai and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Customer, Agents or End-Users relating to the operation of talkk.ai or its affiliates’ services.

6. All rights, title, and interest in and to the Services and all hardware, Software, and other components of, or used to provide, the Services, including all related Intellectual Property Rights, will remain with talkk.ai and its affiliates and belong exclusively to talkk.ai and its affiliates.

7. The Customer shall indemnify, defend, and hold harmless talkk.ai from and against any and all losses, damages, demands, claims, actions, liabilities, fines, penalties, and related expenses (including reasonable legal fees) asserted against or incurred by talkk.ai that arise out of, or result from, the Customer data and in relation to any and all claims related to the infringement of any patent, copyright, trademark, or trade secret right, or other intellectual property rights, private right, or any other proprietary or personal interest of any third party violated by the Customer data. The Customer data is any and all data inserted by the Customer and/or created in the talkk.ai Service for the term of the Agreement.

8. Prior written consent of talkk.ai is required for any not permitted business and non-business use of offered Services. Such consent is required, in particular, when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and in other electronic media, as well as for the disposal or use of its work (adaptations, alterations, modifications).

9. Unauthorized lending, sale, or granting of further licenses and sublicenses to the offered products and services by the Customer, or any other entity or person, without the express consent of talkk.ai is prohibited. Such acts are not deemed to be the proper use of Services.

10. The Customer must not modify or change the purpose and use of offered Services. Misleading others as to the existence of cooperation, association, relationship, or acting on behalf of talkk.ai is prohibited.