These User Terms (the "User Terms") govern your access and use of TalkBrief's services (the "Services"). If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms, you confirm that you have read, understand and agree to be bound by the User Terms. "TalkBrief", "we", "our" and "us" refers to the entity providing the Services. Please review our Privacy Policy at [PRIVACY_POLICY_URL] for more information on how we collect and use data relating to the use and performance of our products.
When you create an account with TalkBrief, you are responsible for maintaining the security of your account and for all activities that occur under your account. Any content or information you submit to the Services ("Your Data") remains yours. You grant TalkBrief a license to use Your Data solely for the purpose of providing and improving the Services. You can request deletion of Your Data at any time by contacting us or using the account deletion feature in the app.
To the extent prohibited by applicable law, the Services are not intended for and should not be used by (a) anyone under the age of sixteen or (b) anyone under the applicable age of majority according to the data protection laws and regulations in your jurisdiction. You represent that you are over the legal age. You may not access or use the Services for any purpose if this representation is not true.
You represent, warrant, and agree that you will not provide or contribute anything, including any of Your Data, to the Services, or otherwise use or interact with the Services, in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
If we believe that there is a violation of these User Terms, we may take what we determine to be appropriate action, including disabling your account.
IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY'S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TALKBRIEF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES.
Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to you through the Services. Notices to TalkBrief should be sent to [LEGAL_EMAIL]. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Please also feel free to contact us if you have any questions about TalkBrief's User Terms. You may contact us at [CONTACT_EMAIL].
As our business evolves, we may change these User Terms. If we make a material change to the User Terms, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting [TERMS_URL], and by visiting [PRIVACY_POLICY_URL] for the most current version of our Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
The User Terms and any disputes arising out of or related hereto, will be governed exclusively by the laws of the State of Delaware, United States, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the State of Delaware will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney's fees.
The User Terms, including the Privacy Policy incorporated by reference, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and the Privacy Policy, the terms of these User Terms will prevail.
If you have any questions about these User Terms, please contact us at:
[COMPANY_NAME]
[CONTACT_EMAIL]
[US_ADDRESS]