Terms of Service

Last Updated: 18/05/2023, 18th May 2023

Introduction

Welcome to talksprout ("Company," "we," "our," "us")! As you have just clicked to our Terms of Service, please take a moment, get a cup of coffee, and carefully read the following pages. It will approximately take you 20 minutes.

These Terms of Service ("Terms," "Terms of Service") govern your usage of our web pages located at https://talksprout.com, operated by talksprout.

Our Privacy Policy also governs your use of our Service and explains how we collect, protect, and disclose information resulting from your use of our web pages. Please read it here: https://talksprout.com

By using our Service, you acknowledge that you've read and understood both the Terms and our Privacy Policy ("Agreements"), and you agree to be bound by them. If you disagree with or are unable to comply with the Agreements, then you may not use the Service. However, please let us know by sending an email to hello@talksprout.com so we can try to find a solution.

These Terms apply to all visitors, users, and others who want to access or use the Service. Thank you for your responsible behavior.

Purchases

If you intend to make a purchase ("Purchase") of any product or service available through our Service, you may be required to provide specific information related to your Purchase. This may include, but is not limited to, your credit card number, credit card expiration date, billing address, and shipping information.

By making a Purchase, you confirm and guarantee that: (i) you possess the legal authority to use any credit card(s) or payment method(s) associated with the Purchase, and (ii) the information you provide to us is accurate, truthful, and complete.

To facilitate payment processing and the fulfillment of Purchases, we may utilize third-party services. By submitting your information, you authorize us to share this information with these third parties, subject to our Privacy Policy.

We retain the right to reject or cancel your order at any time for various reasons, including but not limited to product or service unavailability, errors in product or service descriptions or pricing, inaccuracies in your order, or other justifiable causes.

Furthermore, we reserve the right to refuse or cancel your order in cases where fraud or unauthorized or illegal activities are suspected.

Communications

When you create an Account on our Service, you consent to receiving newsletters, marketing or promotional materials, and other information that we may send. However, you have the option to unsubscribe from receiving any or all of these communications by clicking on the unsubscribe link provided or by sending us an email.

Subscriptions

Certain parts of the Service are offered on a subscription basis ("Subscriptions"). These Subscriptions are billed in advance on a recurring and periodic basis ("Billing Cycle"), typically on a monthly basis.

At the conclusion of each Billing Cycle, your Subscription will automatically renew under the same terms and conditions unless either you cancel it or talksprout. terminates it. To prevent the automatic renewal, you can cancel your Subscription through your online account management page or by contacting the customer support team of talksprout at hello@talksprout.com

A valid payment method, such as a credit card, is required to process the payment for your subscription. You are responsible for providing accurate and complete billing information, including your full name, address, state, postal/zip code, telephone number, and valid payment method details to talksprout. By submitting such payment information, you authorize talksprout to charge all Subscription fees incurred through your account to the provided payment method.

In the event that automatic billing fails for any reason, talksprout will generate an electronic invoice. This invoice will notify you that you must manually make the full payment corresponding to the billing period indicated on the invoice before a specified deadline.

Fee Changes

talksprout, at its sole discretion and at any time, may revise the Subscription fees for the Subscriptions. Any changes to the Subscription fees will take effect at the end of the current Billing Cycle.

talksprout will provide you with reasonable prior notice of any modifications to the Subscription fees, giving you an opportunity to terminate your Subscription before the revised fees come into effect.

Your continued use of the Service after the Subscription fee change becomes effective signifies your agreement to pay the adjusted Subscription fee amount.

Refunds

We offer refunds for Contracts within seven (7) days from the original purchase date of the Contract.

Content

Our Service enables you to post, link, store, share, and make available certain information, text, graphics, videos, or other materials ("Content"). You are responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content belongs to you (you own it) and/or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. We reserve the right to terminate the account of anyone found to be infringing on copyright.

You retain all your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We assume no responsibility and accept no liability for the Content posted by you or any third party on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content in accordance with these Terms.

talksprout has the right, but not the obligation, to monitor and edit all Content provided by users.

Additionally, the Content found on or through this Service is the property of talksprout or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such Content, in whole or in part, for commercial purposes or personal gain, without our express advance written permission.

Third-Party Software and Licenses

Our service includes emojis and other components that are governed by open-source licenses. Specifically, certain emojis used in our service are licensed under the MIT License (MIT) and are copyright © Microsoft Corporation.

MIT License Terms

The emojis are provided "AS IS", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the emojis or the use or other dealings in the emojis. We include the emojis in our service under the MIT License, which allows us to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of these emojis. In accordance with the MIT License, we also permit persons to whom the emojis are furnished to do so, subject to including the following copyright notice and permission notice in all copies or substantial portions of the emojis:

MIT License Copyright (c) [year] Microsoft Corporation Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Prohibited Uses

(a) In any manner that violates applicable national or international laws or regulations.
(b) With the intention of exploiting, harming, or attempting to exploit or harm minors in any way, including exposing them to inappropriate content.
(c) To transmit or solicit the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any similar unsolicited communication.
(d) To impersonate or falsely represent yourself as the Company, a Company employee, another user, or any other individual or entity.
(e) In a manner that infringes upon the rights of others, or engages in illegal, threatening, fraudulent, or harmful activities, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that, as determined by us, may harm or offend the Company, users of the Service, or expose them to liability.


Additionally, you agree not to:

(a) Use the Service in a manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities.
(b) Use any automated means, such as robots, spiders, or similar devices, to access the Service for any purpose, including monitoring or copying any materials on the Service.
(c) Use any manual process to monitor or copy any materials on the Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper functioning of the Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, the server on which the Service is hosted, or any server, computer, or database connected to the Service.
(g) Conduct a denial-of-service attack or a distributed denial-of-service attack against the Service.
(h) Take any action that may damage or falsify the Company's rating.
(i) Otherwise attempt to interfere with the proper functioning of the Service.

Analytics

We may utilize third-party Service Providers to observe and analyze the utilization of our Service.

Vercel Analytics

Vercel Analytics is a web analytics service provided by Vercel Inc. that tracks and provides reports on website traffic. Vercel Inc. utilizes the gathered data to monitor and analyze the usage of our Service.

For further details regarding the privacy practices of Vercel Inc., please refer to the Vercel Inc. Privacy Policy available at: https://vercel.com/legal/privacy-policy.

No Use By Minors

The Service is intended solely for individuals who are at least eighteen (18) years old. By accessing or using any part of the Company's Service, you affirm and warrant that you are at least eighteen (18) years of age and possess the full authority, right, and capacity to enter into this agreement and comply with all of the terms and conditions outlined in these Terms. If you are under the age of eighteen (18), you are strictly prohibited from accessing or using the Service.

Accounts

By creating an account with us, you confirm that you are above the age of 18 and that the information you provide to us is truthful, complete, and up-to-date. Failure to provide accurate, complete, and current information may result in immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to take responsibility for all activities or actions that occur under your account and/or password, whether the password is used on our Service or on a third-party platform. Promptly notify us if you become aware of any security breaches or unauthorized use of your account.

You may not use the name of another person or entity as your username, unless you have the legal right to do so. Additionally, you may not use a username that infringes upon the rights of another person or entity or a name that is unlawfully available. Offensive, vulgar, or obscene usernames are strictly prohibited.

We reserve the right to refuse service, terminate accounts, modify or remove content, or cancel orders at our sole discretion.

Intellectual Property

The Service, along with its original content, features, and functionality (excluding Content provided by users), is and will remain the exclusive property of talksprout and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Unauthorized use of our trademarks and trade dress in connection with any product or service is strictly prohibited without the prior written consent of talksprout.

Copyright Policy

We value the intellectual property rights of others. It is our policy to respond to any claim alleging that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any individual or entity.

If you are a copyright owner, or an authorized representative of one, and you believe that a copyrighted work has been copied in a manner that constitutes copyright infringement, please send your claim via email to hello@talksprout.com, with the subject line: "Copyright Infringement." In your claim, provide a detailed description of the alleged Infringement as specified below in the "DMCA Notice and Procedure for Copyright Infringement Claims" section.

Please note that making misrepresentations or submitting bad-faith claims regarding the infringement of any Content found on and/or through the Service may result in liability for damages, including costs and attorney's fees, incurred as a result of such misrepresentation or bad faith.

Reporting Errors and Providing Feedback

You have the option to directly provide us with information and feedback regarding errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback") by contacting us at hello@talksprout.com. By doing so, you acknowledge and agree to the following:

(i) You do not claim any intellectual property right or other right, title, or interest in the Feedback, and you shall not retain or acquire any such rights.
(ii) The Company may already have development ideas that are similar to the Feedback you provide.
(iii) The Feedback you provide does not contain any confidential or proprietary information belonging to you or any third party.
(iv) The Company is not bound by any obligation of confidentiality regarding the Feedback.


If applicable laws prevent the transfer of ownership of the Feedback, you grant the Company and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose, including but not limited to copying, modifying, creating derivative works, publishing, distributing, and commercializing the Feedback.

Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

We welcome and encourage you to share your feedback, comments, and technical support requests with us via email at hello@talksprout.com. Your input is valuable to us and allows us to enhance our services and address any concerns you may have effectively. We appreciate your engagement and look forward to assisting you.