Terms of Service

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Welcome to talkiebelle!

The following Terms of Service (Terms) establish the agreement between you and the talkiebelle team (talkiebelle, we, us, or our). These Terms govern your utilization of the applications and websites owned and operated by talkiebelle, collectively referred to as the Services.

By creating an account, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept these Terms and consent to contract with us electronically. We may update These Terms by posting a revised version on our website and app. By continuing to use our Services, you accept any revised Terms.

KINDLY BE AWARE THAT THESE TERMS INCLUDE A PROVISION FOR ARBITRATION. WITH THE EXCEPTION OF SPECIFIC DISPUTE TYPES OUTLINED IN THE ARBITRATION CLAUSE, BOTH YOU AND TALKIEBELLE CONSENT TO RESOLVE DISPUTES RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES THROUGH MANDATORY BINDING ARBITRATION. ADDITIONALLY, YOU AND TALKIEBELLE RENOUNCE ANY RIGHT TO ENGAGE IN A CLASS-ACTION LAWSUIT OR PARTICIPATE IN CLASS-WIDE ARBITRATION.

1. ACCOUNT
   1. In order to register an account with talkibelle, you will be asked to provide us with certain information such as an account name and password.
   2. You bear exclusive responsibility for safeguarding the confidentiality of your account and password, controlling access to your device, and overseeing all activities conducted under your account. Please make sure the information you provide to talkiebelle upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
   3. We may permit you to register for and log on to the Services via certain third-party services. By employing a third-party account for the registration of your account, you provide talkiebelle the authorization to access your third-party account by the applicable terms and conditions governing the usage of your third-party account, both on your part and ours. Please be aware that your relationship with the third-party service providers associated with your third-party account is exclusively governed by your established agreement(s) with such third-party service providers.
   4. We reserve the right to disable your user account at any time, For example, if you fail 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, we may terminate your user account immediately.
2. SUBSCRIPTIONS
   1. We offer free usage of our Services, but also certain premium features will be made available. Subscription services will be billed monthly and annually from the date of purchase or, where applicable,some features may be available for one-time purchase. You may become a paid user by making subscription and/or one-time purchase transaction through the third-party app marketplace channel (Apple iTunes Store and Google Play store).
   2. The subscription fee will be automatically billed for renewal until you proactively cancel it in advance. You may cancel your subscription before the next billing period begins in order to avoid billing for the next period. Refunds cannot be claimed for any partial-month subscription period.
3. TERMINATION
   1. You can delete your account at any time. However, please note that if you purchase a paid subscription through the Apple Store, you may cancel your subscription by canceling the automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your Apple Account settings and selecting the subscription you want to modify. If you purchase a paid subscription through the Google Play store, you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
   2. Subject to applicable laws and regulations, we reserve the right to suspend or terminate your account and/or your access to some or all of our Services with or without notice, at our discretion, including if:
      1. You breach these Terms, any talkiebelle policy, or additional terms that apply to specific products;
      2. We’re required to do so to comply with a legal requirement or court order;
      3. We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.

However, we will give you advance notice if required by applicable law.

1. CONDITIONS OF USE
   1. User conduct

You are solely responsible for all the content you upload, post, display, or generate through your use of the Services (“Generate”), including but not limited to code, videos, images, information, data, text, software, music, sound, photos, graphics, messages, or other materials (hereinafter referred to as User Content). The following are examples of the kind of content and/or use that is illegal or prohibited by talkiebelle. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

• • 1. Generate any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of talkiebelle, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose talkiebelle or its users to any harm or liability of any type;
    2. Disrupt the Services, servers, and networks, or breach network rules.
    3. Engage in any unlawful activity.
    4. Act in a deceptive manner or impersonate any person or organization.
    5. Harm or exploit minors.
    6. Collect personal information about other users without their authorization.
    7. Advertise goods/services without proper authorization.
    8. Access materials/info through unauthorized means.
    9. Cause or encourage others to do any of the above.
  1. Commercial use

The Services are designed for your individual use exclusively. Unless expressly authorized herein or within the Services, you commit to refraining from showcasing, distributing, licensing, performing, publishing, reproducing, copying, creating derivative works, modifying, selling, reselling, exploiting, transferring, or uploading any part of the Services for commercial purposes. This includes the use of the Services or access to the Services.

• 1. Use of talkiebelle by minors

You shall not use our Services if you are under 18 years old. In certain cases this age may be different due to local regulatory requirements, please see your local privacy rules for more information.

1. INTELLECTUAL PROPERTY RIGHTS
   1. talkiebelle Materials. All materials presented or performed within the Services, excluding User Content, including but not limited to code, video, images, information, data, text, software, music, sound, graphics, messages, visual effects, artistic styles, text, logos, photographs, illustrations, and animations (talkiebelle Materials), are the exclusive property of us and/or third parties, safeguarded by international copyright laws. By using the Services, you expressly agree not to engage in any copying, modification, creation of derivative works, reverse engineering, reverse assembly, or any attempt to uncover the composition of talkiebelle Materials. Furthermore, neither these Terms nor the Services imply, by inference, estoppel, or any other means, the granting of any license or right to utilize any talkiebelle Materials showcased on the Services, unless with our explicit prior written consent for each specific instance. The accruing goodwill resulting from the use of talkiebelle Materials shall be solely advantageous to us. All rights not explicitly conferred herein are retained by talkiebelle.
   2. User Content. Under no circumstances will talkiebelle be liable in any way for any content or materials of any third parties (including User Content), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that talkiebelle does not pre-screen content, but that talkiebelle and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, talkiebelle and its designees will have the right to remove any content that violates these Terms or is deemed by talkiebelle, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
   3. License. By utilizing and/or uploading any User Content through the Services to accessible areas of talkiebelle, you willingly grant talkiebelle and its sub-licensees permission that is free, permanent, irrevocable, non-exclusive, and fully sub-licensable. These rights and license are granted without any territorial or time limitations, and without necessitating approvals and/or compensations. You acknowledge and agree that talkiebelle has the unrestricted authority to use, copy, modify, adapt, publish, translate, edit, dispose, create derivative works of, distribute, perform, and publicly display such content (in whole or in part). Furthermore, talkiebelle has the right to incorporate such content into existing or future forms of work, media, or technology. This arrangement is designed to be mutually beneficial to both parties.
   4. Dissemination and Disclosure. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to talkiebelle are non-confidential and talkiebelle will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that talkiebelle may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of talkiebelle, our users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
   5. Copyright complaints. talkiebelle is dedicated to upholding the intellectual property rights of individuals, and we urge our users to share this commitment. If you believe that your creative work has been copied in a manner that constitutes copyright infringement, or if your intellectual property rights have been violated, please kindly send notifications of claimed copyright infringement via email to talkiebelle’s Copyright Agent at support@talkiebelle.com. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To ensure the effectiveness of your notification, it should be in writing and include the following details:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

1. THIRD PARTY WEBSITES

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that talkiebelle will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that talkiebelle is not liable for any loss or claim that you may have against any such third party.

1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, talkiebelle explicitly disclaims 1）All conditions, representations, warranties, and other terms that might otherwise be implied by statute, common law, or equity. 2）Any liability incurred by you resulting from the use of talkiebelle, its services, or these Terms. This includes, without limitation, claims, charges, demands, damages, liabilities, losses, or expenses of any nature—whether direct, indirect, incidental, special, exemplary, punitive, or consequential (including negligence). Such damages or losses encompass, without limitation, loss of use, data, income, profit, property, or damage caused by computer viruses. This limitation on liability applies to various scenarios, such as the transmission of disabling devices or viruses, equipment failure, unauthorized access, theft, bodily injury (excluding negligence on our part), property damage, operator errors, or acts of nature in connection with talkiebelle. This limitation covers different forms of loss, including but not limited to loss of revenue, profits, contracts, business, anticipated savings, goodwill, data, wasted management or office time, and any other type of loss or damage. It applies regardless of the cause—be it tort (including negligence), breach of contract, or any other legal basis—whether foreseeable or arising directly or indirectly.

1. INDEMNITY

You agree to defend, indemnify and hold harmless talkiebelle, its parent corporation, officers, directors, employees and agents, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any third-party claims arising from incidents of infringement that occur during your tenure as a user. This defense and indemnification obligation will survive these Terms and your use of the Services.

1. GOVERNING LAW AND JUSIDICTION

The terms outlined herein will be subject to the laws of Singapore. Any disputes arising from or about these terms will be settled through arbitration in Singapore, following the rules and procedures of the Singapore International Arbitration Centre (“SIAC”). The arbitration proceedings will be conducted in English. The arbitrator(s)' decision will be conclusive and binding on both parties. All details of the arbitration process, as well as any rulings, decisions, or awards by the arbitrator, will be treated as strictly confidential for the benefit of all parties involved.

1. GENERAL
   1. User disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Services and talkiebelle will have no liability or responsibility with respect thereto. talkiebelle reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
   2. Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use talkiebelle to share with others and how we collect and use your content and information. We encourage you to read the Privacy Policy and to use it to help you make informed decisions.
   3. If you have any comments or complaints about these Terms and the Services, please use our customer service mailbox support@talkiebelle.com to get in touch with us.