This Service is offered subject to the terms of this Agreement, the Privacy Policy, and any additional terms as requested by certain features of TALKME Apps from time to time.
The Service is offered subject to the acceptance of:
A. All of the terms and conditions contained herein “as is”, with no changes;
B. All other operating rules, policies and procedures that may be published from time to time on the Service by TALKME;
C. All additional terms and conditions promulgated by TALKME from time to time for the use of certain features of the Service.
TalkMe is a language learning software that enables users to learn and improve languages through interactive conversation-based language lessons with an AI partners (the "Services").
The Services may include the sending of push-notifications, messages, emails and alerts via various means of communication. In addition, the Services may include third-party advertisements and/or commercial content.
You can deactivate the push notifications, if applicable, at any time by changing the notification settings.
The Services are available only to individuals over the age of 16, who can form legally binding contracts under applicable law and for their own personal use. As further specified below, TalkMe grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Services and App, all subject to these Terms and Conditions.
You hereby warrant that You have the right and authority to enter into these Terms and Conditions as an individual.
We endeavor to protect the privacy of your Personal Information we hold in our records, however, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. If at any time, there is an identified concern for the security of the site or confidentiality of personal information, please contact talkmeai2023@gmail.com for a prompt investigation.
TalkMe Premium Monthly Subscription (30 days)
TalkMe Premium Quarterly Subscription (3 months)
TalkMe Premium Annual Subscription (1 year)
Subscription Pricing:You acknowledge that TalkMe reserves the right to charge for any part of the service and has the right to change its pricing (if any) from time to time. You agree to the terms as specified on the website.
Payment for Services:TalkMe offers services with certain enhanced features that you can purchase under various terms, including but not limited to monthly auto-renewal, quarterly auto-renewal, and annual auto-renewal. Descriptions of the features related to subscriptions may be available through the service. Before you place an order, you will be shown the amount you owe for the subscription you are purchasing through the service. If you choose to purchase subscription products through the service, you agree to (1) Pay applicable fees and any taxes; (2) If you purchase through the Website, or if you purchase through the App, TalkMe may charge your credit card for verification, pre-authorization, and payment purposes, and charge your account through the App Store or distribution platforms (such as Apple App Store, Google Play) that provides the app ("App Provider"); (3) Bear any other charges that your app provider, bank, or other financial service provider may impose on you, as well as any taxes that may be applicable to your order. We will send you a confirmation email after we have received payment for your order. Your order is not binding on TalkMe until accepted and confirmed by TalkMe. Unless otherwise stated in these terms, all payments are non-refundable and non-transferable.
Subscription Renewals and Cancellation:All amounts are due and payable: For monthly, annual, or other automatic renewal subscriptions, each such subscription will automatically renew for an additional term equal to the expiring subscription period, unless you cancel your subscription before renewal. You can cancel the renewal of your monthly or annual subscription at any time by contacting us via email at talkmeai2023@gmail.com if you purchased through the website. If you purchased through the app provider, you can cancel the renewal of your subscription through the app provider. You will not receive a refund of any fees paid for the current subscription period, and you will continue to receive the subscribed services until the current subscription period ends.
If you have any questions or disputes regarding charges, you agree to first contact us and agree not to cancel or reject any credit card or app provider charges unless you have made reasonable efforts directly through TalkMe to resolve the issue.
TalkMe reserves the right, in certain cases, not to process or to cancel your order, such as if your credit card is declined, we suspect the request or order is fraudulent, or for other reasons that TalkMe, in its sole discretion, deems appropriate.
TalkMe also reserves the right to take steps to verify your identity in connection with your order. For orders that we do not process or cancel, TalkMe will not charge you or will refund fees.
Refunds:Generally, refunds are not supported. All fees paid for purchases are non-refundable, and there will be no refunds or credits for partially used periods. Purchases made through this service are final and non-refundable. You understand and acknowledge that TalkMe does not provide refunds for any reason, and you will not receive compensation in money or any other form for unused VIP membership time when your account is closed, whether voluntarily or involuntarily. However, if TalkMe discontinues the service or changes its business model, you will be entitled to a proportional refund. If a refund is initiated for personal reasons, platform fees and an additional 15% fee may be deducted.
To request a refund:If you made a purchase using your Apple ID, the refund will be handled by Apple, not TalkMe. To request a refund, please go to the App Store, click on your Apple ID, select "Purchase History," find the transaction, and click "Report a Problem." You can also submit a request at https://getsupport.apple.com.
If you made a purchase through the Google Play Store, please send a message within the app to the TalkMe Team or email support at https://support.google.com/googleplay/workflow/9813244 , providing your order number (Google Play Store order numbers can be found in the order confirmation email or by logging into Google Wallet). We will refund using the same payment method you used in the initial transaction. Please note that refunds may incur third-party platform fees, taxes, and other administrative financial costs, and the actual refund amount will be determined based on the agreed-upon price.
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.
Service ProvidersThese parties help us provide the Services or perform business functions on our behalf. They include:
• Hosting, technology and communication providers.
• Security and fraud prevention consultants and vendors.
• Support and customer service vendors.
• Payment processors.
• Our payment processing partners Apple Pay and Google Pay collect payment card information that you voluntarily provide to process your payment.
○ Please refer to the terms of service and privacy policy of Apple Pay or Google Pay for information on their use and storage of your personal data.
• Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
○ Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.
• Companies that help identify user experience issues or service impacts.
Legal ObligationsWe may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.
Business TransfersAll of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Data that is Not Personal DataWe may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.
The Services use cookies and similar technologies such as image loading, browser local storage, cookies, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).
We use the following types of Cookies:• Essential Cookies. Essential Cookies are required to provide you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure. We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally. Information about data retention and our data retention policy is available.
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us.
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you.
AccessYou have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:
• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third-party recipient.
DeletionYou have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your RightsTo exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request. Typically, accounts associated with an email address will require verification of the email address, as well as a description of the requested user rights or regulations invoked. TalkMe also values those who are not covered by specific regulations and offers to extend a goodwill effort towards requests originating from other jurisdictions. We will work to respond to your Valid Request within 30 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request using the following methods:
• Email us at: talkmeai2023@gmail.com
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Personal Data Sales Opt-Out and Opt-InWe will not sell your Personal Data and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 18 years of age. We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you with a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at talkmeai2023@gmail.com. Please note, however, that we do not disclose Personal Data to third parties for such third parties’ direct marketing purposes.
Nevada Resident RightsIf you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at talkmeai2023@gmail.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note, however, that we do not sell Personal Data.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below. For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Talkme will be the controller of your Personal Data processed in connection with the Services. If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at talkmeai2023@gmail.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
Personal Data We CollectThe “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.
The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interests of others, as further described below. Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
• Profile or Contact Data
• Device/IP Data
• Social Network Data
• Geolocation Data
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
• Profile or Contact Data
• Device/IP Data
• Geolocation Data
• We may also de-identify or anonymize Personal Data to further our legitimate interests.
Examples of these legitimate interests include (as described in more detail above):
• Providing, customizing and improving the Services.
• Marketing the Services.
• Corresponding with you.
• Meeting legal requirements and enforcing legal terms.
• Completing corporate transactions.
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Sharing Personal DataThe “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at talkmeai2023@gmail.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. Users of Talkme’s dashboard can also access certain of your Personal Data by logging on to your account
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. Users of Talkme’s dashboard can also correct some of this information (for example, email address) directly by logging on to your account.
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Talkme's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Talkme website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
• Warranty Disclaimer: YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE TALKME PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE TALKME PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AS TO: (A) THE SERVICE; (B) THE TALKME CONTENT; (C) USER OR THIRD-PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TALKME OR VIA THE SERVICE.
• No Technical Warranties: THE TALKME PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, (B) DEFECTS WILL BE CORRECTED, (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, OR (D) THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.
• Certain Jurisdictions: THE TALKME PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TALKME PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
These Terms are the entire agreement between the parties on the subject matter hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms will be governed by the laws of California, without regard to its conflict of laws principles. The parties consent to the personal and exclusive jurisdiction of the state and federal courts in San Francisco, California. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.