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Terms of Use

Last update: January 22, 2024

1. General Information

Talka provides a pioneering service for recording and analyzing sales calls using artificial intelligence. This website, along with its related services ("Services"), is owned and operated by Talka. Your access to and use of the Services is contingent upon your acceptance and compliance with these Terms of Use ("Terms"). By accessing or using the Services, you acknowledge and agree to be legally bound by these Terms, which establish a binding legal agreement between you and Talka.

2. Description of Services

Talka provides a web-based application service for recording sales meetings, followed by AI-driven analysis to extract actionable insights. The Services include video and audio analysis, data storage and reporting features. These services are intended for professional use and not for commercial resale or redistribution. Users must not engage in any activities that disrupt the integrity or performance of the Services.

3. Use of Services

The Services provided by Talka are specifically designed and intended for the recording and analytical examination of sales calls. Talka reserves the right to delete any content that does not align with the primary purpose of the Services.

4. Prohibition of Unlawful Content

Users are strictly prohibited from uploading, sharing, or transmitting any unlawful, illegal, or inappropriate content through the Services. This includes, but is not limited to, content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable. Talka is committed to maintaining a safe and compliant platform and reserves the right to review and remove any content that violates these provisions or any applicable laws or regulations. Users are responsible for ensuring that all content uploaded to the platform is lawful and adheres to these Terms.

5. User Eligibility and Registration

The Services are intended for use by legal adults only. Users are required to provide accurate registration details, including email, name, company affiliation, and job role. Personal accounts are created for each user, granting access to our suite of services. Users are responsible for the confidentiality and security of their account information and activities.

6. Fees and Payment Terms

Our subscription-based model includes various service tiers, each with its own set of features and pricing structures. Detailed information about these plans, including payment terms and conditions, will be clearly communicated at the point of subscription. All fees are subject to change, with prior notification to users. Failure to make timely payments may result in service suspension or termination after due notice.

7. Consent to record meetings

If you are using Talka to record meetings, you are responsible for collecting consent from all participants in the meeting.

8. Intellectual Property

Talka retains all rights, title, and interest in its software, algorithms, machine learning models, and any other intellectual property associated with the Services. Users are permitted to upload videos to the platform for analysis but are strictly prohibited from using Talka's intellectual property for any unauthorized purposes.

9. Data Use and Privacy

Talka’s services involve processing data from recorded meetings. Our comprehensive Privacy Policy, which forms part of these Terms, details our practices regarding data collection, usage, and protection. Users have the right to request the deletion of their data in line with our data retention policies.

10. Modifications and Termination

We reserve the right to modify these Terms and our Services. Users will be notified of significant changes. Talka may terminate the Services or restrict access for any user at our discretion, subject to providing notice.

11. Legal Compliance and Jurisdiction

Our Services are provided globally, with Talka headquartered in California, USA. These Terms are governed by the laws of the State of California. Users agree to comply with all local, state, national, and international laws and regulations applicable to their use of the Services.

12. Warranties and Liability

Talka provides services "as is" with no warranties. Liability is limited to the maximum extent permitted by law. In cases of service interruption or maintenance, Talka will make reasonable efforts to notify users in advance. However, Talka is not liable for data or business loss resulting from service interruptions or data breaches.

13. Prohibition on Competitive Use

Users affiliated with or representing competing services or entities are expressly prohibited from accessing, analyzing, or utilizing Talka's Services for the purpose of replicating, copying, or deriving similar functionalities. Specifically, users shall not:

- Attempt to reverse engineer, decompile, or discover the source code, underlying components, models, algorithms, or systems of our Services, including but not limited to our AI models and algorithms;

- Use any output or data derived from our Services, including analysis results and insights, to develop models or services that directly compete with Talka.

Any breach of this clause will be considered a serious violation of these Terms and will subject the violator to legal action, including but not limited to injunctive relief, damages, and other remedies available under law.

14. Indemnification

Users agree to indemnify and hold harmless Talka and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these Terms.

15. Miscellaneous

These Terms constitute the entire agreement between the parties concerning the subject matter herein. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16. Feedback and Suggestions

Talka values user feedback and suggestions, which may be used to improve our Services. Such feedback is deemed non-confidential and non-proprietary.

17. Links to Third-Party Websites

Links to third-party websites are provided for convenience only. Talka is not responsible for the content or practices of these external sites.

18. Dispute Resolution

Any disputes arising under these Terms will be resolved through binding arbitration in California, in accordance with the American Arbitration Association's rules.

19. Contact Information

For inquiries or reports regarding these Terms of Use, please contact Talka at termsofuse@talka.ai