Terms of Service

Welcome to TalkEasy! These terms and conditions outline the rules and regulations for the use of our website and services.

1. Introduction

By accessing this website, we assume you accept these terms and conditions. Do not continue to use TalkEasy if you do not agree to all of the terms and conditions stated on this page.

2. Intellectual Property Rights

Other than the content you own, under these Terms, TalkEasy and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted a limited license only for purposes of viewing the material contained on this Website.

3. Restrictions

You are specifically restricted from all of the following:

• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

4. Acceptable Use Policy

You agree to use TalkEasy only for lawful purposes and in accordance with these Terms. You agree NOT to use the Service to:

4.1 Prohibited Content and Conduct

• Generate, practice, or disseminate hate speech, discriminatory content, threats of violence, or illegal material;
• Harass, threaten, stalk, or abuse other users, our staff, or AI systems;
• Share sexually explicit, pornographic, or inappropriate adult content;
• Engage in any activity that violates local, national, or international laws;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.

4.2 Prohibited Technical Activities

• Access the Service through automated means including bots, scrapers, or scripts (except as explicitly permitted);
• Reverse engineer, decompile, disassemble, or attempt to extract source code, AI prompts, or algorithms;
• Attempt to bypass, disable, or interfere with security features or usage limits;
• Overload, spam, or make excessive requests that burden our infrastructure;
• Introduce viruses, malware, or any harmful code to the Service;
• Attempt to gain unauthorized access to any systems, accounts, or data.

4.3 Prohibited Commercial Activities

• Resell, redistribute, license, or commercialize the Service or any content generated through it;
• Use AI-generated content (conversations, lessons, translations) to create competing products or services;
• Copy, reproduce, or replicate our lesson structure, packs, units, or curriculum for commercial purposes;
• Use the Service to provide services to third parties without our explicit written permission.

4.4 Account Restrictions

• Share your account credentials or allow others to access your account;
• Create multiple accounts to circumvent usage limits or trial restrictions;
• Provide false or misleading information during registration;
• Transfer or sell your account to another person without authorization.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without prior notice and without refund.

5. Account Suspension and Termination

5.1 Termination by TalkEasy

We reserve the right to suspend, restrict, or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms of Service or our Acceptable Use Policy;
• Fraudulent payment activity, chargebacks, or payment disputes;
• Abusive, threatening, or inappropriate behavior;
• Suspected unauthorized access or security breaches;
• Excessive use that impacts service quality for other users;
• Any activity that we reasonably believe may expose us to legal liability;
• Any other reason we deem necessary to protect the Service or our users.

5.2 Effect of Termination

Upon termination or suspension of your account:

• Your access to the Service will be immediately revoked;
• You will not receive a refund for any unused portion of your subscription;
• We may delete your data, including progress, preferences, and learning history, after a retention period of up to 30 days;
• You may not create a new account without our express written permission;
• Any outstanding payments owed to TalkEasy remain due and payable.

5.3 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us. Upon voluntary termination, you will retain access until the end of your current billing period, after which your account will be deactivated.

6. Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant TalkEasy a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. TalkEasy reserves the right to remove any of Your Content from this Website at any time without notice.

7. AI-Powered Services and Disclaimers

7.1 Use of Artificial Intelligence

TalkEasy utilizes artificial intelligence (AI) technology, including third-party AI services such as Google Gemini, to provide language learning features including but not limited to voice conversations, translations, lesson content, and personalized feedback. By using our Service, you acknowledge and agree that AI technology powers core functionalities of TalkEasy.

7.2 AI-Generated Content Disclaimer

All responses, translations, lessons, feedback, and other content generated by our AI systems are provided for educational and informational purposes only. AI-generated content may contain errors, inaccuracies, or inconsistencies. TalkEasy does not guarantee the accuracy, completeness, or reliability of any AI-generated content.

7.3 No Guarantee of Accuracy

While we strive to provide high-quality language learning experiences, we make no warranties or guarantees regarding:

• The accuracy of translations, grammar explanations, or vocabulary definitions;
• The cultural appropriateness or context-sensitivity of AI-generated responses;
• The suitability of AI-generated content for professional, academic, or formal use;
• Language proficiency outcomes or learning results from using the Service.

7.4 Voice and Audio Processing

When you use voice chat features, your audio recordings are processed by third-party AI services to provide real-time conversation capabilities. By using voice features, you consent to the processing of your voice data through these third-party services. TalkEasy is not responsible for the data processing practices of third-party AI providers.

7.5 User Responsibility

You are solely responsible for how you use and rely upon AI-generated content. We recommend verifying important information with authoritative sources and consulting qualified language instructors for critical language learning needs. TalkEasy should not be used as a substitute for professional language instruction in high-stakes situations.

7.6 AI Service Availability

AI-powered features depend on third-party services and may be subject to interruptions, limitations, or changes. We reserve the right to modify, suspend, or discontinue any AI-powered features at any time without liability.

8. Children's Privacy

Our Service is not intended for use by children under the age of 13. We do not knowingly collect personally identifiable information from children. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us so we can take necessary action.

9. Subscription & Billing

9.1 Subscription Plans

TalkEasy offers various subscription plans with different features and pricing. Current pricing and plan details can be found on our pricing page within the application or website.

9.2 Free Trial

We may offer free trials for eligible plans to eligible customers. Trial eligibility, duration, and terms are determined at our sole discretion and may vary. Free trials are intended to allow you to evaluate the service before committing to a paid subscription.

9.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle (monthly or annually, depending on your selected plan) unless canceled before the renewal date. By subscribing, you authorize us to charge your payment method for the renewal fee. You will be charged the then-current rate for your subscription plan.

9.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. No partial refunds will be provided for unused time within a billing cycle.

9.5 Payment Processing

All payments are processed securely through third-party payment processors (such as Stripe). We do not store your complete payment card information on our servers. You are responsible for maintaining accurate and up-to-date payment information.

9.6 Price Changes

We reserve the right to modify our subscription pricing at any time. Price changes will not affect your current billing cycle and will take effect upon your next renewal. We will notify you of any price changes in advance.

10. Service Availability and Uptime

10.1 No Guarantee of Availability

We strive to provide reliable and continuous access to TalkEasy, but we do not guarantee that the Service will be available at all times or will operate without interruption or errors. We make no warranties or representations regarding:

• Uninterrupted or error-free operation of the Service;
• Specific uptime percentages or service level agreements (SLAs);
• That the Service will meet your specific requirements or expectations;
• That defects or errors will be corrected within any specific timeframe.

10.2 Service Interruptions

The Service may be temporarily unavailable or experience interruptions due to various reasons, including but not limited to:

• Scheduled maintenance, updates, or infrastructure improvements;
• Emergency maintenance or urgent security patches;
• Third-party service provider outages (including Google Gemini, LiveKit, Modal, Stripe, or Supabase);
• Network connectivity issues, server failures, or technical difficulties;
• Circumstances beyond our reasonable control, including natural disasters, power outages, or cyberattacks.

10.3 Maintenance and Updates

We reserve the right to perform scheduled and emergency maintenance at any time. Where reasonably possible, we will provide advance notice of scheduled maintenance. However, emergency maintenance may occur without prior notice when necessary to protect the security or functionality of the Service.

10.4 No Liability for Downtime

We shall not be held liable for any damages, losses, or inconveniences resulting from service interruptions, downtime, or unavailability of the Service. This includes, but is not limited to, loss of learning progress, missed practice sessions, or inability to access the Service during critical periods. No refunds, credits, or compensation will be provided for service interruptions or downtime.

10.5 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service (including specific features, AI capabilities, or content) at any time without prior notice or liability. This includes the right to change the technical specifications, infrastructure, or third-party services used to provide TalkEasy.

11. Refund Policy

Due to the significant operational costs associated with our AI services, we do not offer refunds for any subscription fees or payments made. We encourage you to take advantage of any available free trial to fully evaluate TalkEasy before committing to a paid subscription. All payments are final and non-refundable.

12. No Warranties

This Website is provided "as is," with all faults, and TalkEasy express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

13. Limitation of Liability

In no event shall the owner and operator of TalkEasy be held liable for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract. The owner and operator of TalkEasy shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.

14. Indemnification

You hereby indemnify to the fullest extent TalkEasy from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

15. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

16. Variation of Terms

TalkEasy is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

17. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario to resolve any dispute or claim arising from these Terms.

18. Contact Us

If you have any questions about these Terms, please contact us at: talkeasy09@gmail.com.