TERMS OF USE
TERMS OF USE
Welcome to Talk Maxer ("App"), a communication skills improvement application. By downloading, installing, accessing, or using Talk Maxer, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App.
These Terms constitute a legally binding agreement between you and Talk Maxer's owners and operators ("we," "us," or "our"). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the App following any changes constitutes your acceptance of such changes.
Talk Maxer is designed to help users improve their communication skills through practice sessions, feedback, and progress tracking. The App offers various lesson plans, speech recognition features, and performance analysis to enhance your verbal communication abilities.
You must be at least 14 years of age to use this App. If you are under 18 years of age, you must have permission from a parent or legal guardian to use the App, and they must agree to these Terms on your behalf.
You may be required to create an account to access certain features of the App. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You are solely responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you when you use the App. By using the App, you consent to the collection, use, and disclosure of your information as outlined in our Privacy Policy.
The App collects and processes your speech during practice sessions to provide feedback and track your progress. By using the App, you grant us permission to record, store, and analyze your voice data solely for the purpose of providing and improving our services.
Your voice recordings, transcriptions, and performance data may be stored on our servers to facilitate the App's functionality. We use this data to:
- Provide feedback on your communication skills
- Track your progress over time
- Improve our speech recognition technology
- Enhance the App's features and functionality
You retain all rights to the content you create or upload to the App. However, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and improving the App.
When using the App, you agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Submit false or misleading information
- Upload or transmit viruses or malicious code
- Attempt to gain unauthorized access to the App or its related systems
- Use the App for any illegal or unauthorized purpose
- Harass, abuse, or harm another person
- Interfere with the proper functioning of the App
You agree not to use the App to practice or record:
- Hate speech or discriminatory content
- Threatening, harassing, or violent content
- Sexually explicit or pornographic content
- Content that promotes illegal activities
- Content that violates others' intellectual property rights
The App, including its design, features, functionality, and content (excluding user-generated content), is owned by us and is protected by copyright, trademark, patent, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms.
You may not:
- Copy, modify, or create derivative works of the App
- Reverse engineer, decompile, or disassemble the App
- Remove or alter any copyright, trademark, or other proprietary notices
- Redistribute, sell, rent, lease, or sublicense the App
- Use the App for commercial purposes without our express written consent
The App may integrate with or provide access to third-party services, websites, or content. We do not control these third parties and are not responsible for their content, privacy policies, or practices. Your interactions with any third-party services are governed by their terms and conditions.
The App may offer both free and premium (paid) features. Features requiring payment will be clearly marked.
If you choose to purchase a premium subscription:
- Payments will be charged to your App Store or Google Play account through RevenueCat
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You can manage and cancel your subscriptions through your App Store or Google Play account settings
Refund requests are handled by Apple or Google according to their respective policies. We do not control and are not responsible for their refund policies.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL FUNCTION WITHOUT ERROR OR INTERRUPTION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- YOUR USE OR INABILITY TO USE THE APP
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION
- ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED THROUGH THE APP
- ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE APP
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US TO USE THE APP IN THE PAST TWELVE MONTHS (IF ANY).
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Your user content
You may terminate your use of the App at any time by uninstalling the App from your device and discontinuing its use.
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association] in [City, State/Country]. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The App is controlled and offered by us from our facilities in the United States. We make no representations that the App is appropriate or available for use in other locations. If you access or use the App from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws.
These Terms constitute the entire agreement between you and us regarding the use of the App, superseding any prior agreements.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
If you have any questions about these Terms, please contact us
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you through the App or by other means. Your continued use of the App after such notification constitutes your acceptance of the modified Terms.
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.Â