Talksy

TALKSY'S TERMS OF SERVICE

Effective: 15 April 2024

Last Updated: 05 April 2024

Welcome! TALKSY is a place to talk, hang out online. By using TALKSY, you agree to these terms.

These terms set forth our legal obligations to each other. They apply to your use of our services.

When we say `Talksy`, `WE`, `us` and `our` in these terms, we mean Cyberkoala LLC, its subsidiaries and its related companies.
When we say `services` in these terms, we mean Cyberkoala`s services, apps, websites and other products.
When we say `you` or `your`, we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and ‘you’ and ‘your’ will refer to that entity.
We also have a Privacy Policy, Community Guidelines and these other policies that apply to your use of our services and are incorporated into these terms. You should read these policies – we’ve worked hard to make them simple and clear, and they contain important information about your use of our services. Talksy`s Paid Services Terms apply to any purchase you make through Talksy, and Talksy Monetisation Terms apply to any sales you make through Talksy.
Together, these rules make Talksy possible and they matter to us. If you believe others aren’t following them, please let us know by reporting it to us.

Who we are

We provide services that allow you to interact with other Talksy users (such as through direct messages and group direct messages) and participate in large and small spaces (or ‘servers’). Our services may also include access to certain software, features and content, including items that you can purchase from us or others. Additional terms may apply to those purchases.

Age requirements and responsibility of parents and legal guardians

By accessing our services, you confirm that you’re at least 13 years old and meet the minimum age required by the laws in your country. We maintain a list of minimum ages around the world as a resource for you, but we aren’t able to guarantee that it is always accurate. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or legal guardian must agree to our terms on your behalf. Please ask your parent or legal guardian to read these terms with you. If you’re a parent or legal guardian and you allow your child (who must meet the minimum age for your country) to use the services, then these terms also apply to you and you’re responsible for your child’s activity on the services, including purchases made by them. For more information on purchases, see Talksy Paid Services’ below.

What you can expect from us

Talksy is a good place to talk, communicate with coworkers online. To do that, we provide different digital spaces where you can connect with other Talksy users and communities. Talksy users communicate primarily via ‘servers’, which are digital spaces made up of different types of channels. Text channels allow users to interact via text-based messages, as well as images, GIFs, emojis and other uploadable media. Voice channels allow users to communicate by voice and/or streaming video. Users can also communicate one-to-one using direct messages or communicate with a limited number of users via group direct messages. We’re always evolving our services and we may create other types of spaces in the future!

Users create servers, and users choose which servers to join and who their ‘friends’ are. All users must follow our Community Guidelines and other policies, but in Servers, the server owners and server admins control the server permissions and additional rules, including establishing membership requirements and creating custom roles and what those roles can do within the server. Server owners and admins also control whether to make their server available in Server Search, whether to publish their server invite link on public websites, whether to enable community growth and safety features and whether to add bots or other apps. These permissions, like the size of a server, may change over time.

Posts appear in text channels in the order in which they’re made. Voice and video communication happens in real time. Talksy was also designed to make it easy to share what you’re up to. You can stream what you’re doing on your device, including what game you’re playing/

Talksy’s services may be personalised to each user based on their activity, so that you can see content and communities that may be of interest to you. You can control whether and to what extent Talksy personalises your experience in your Settings.

We’re actively developing new features and products to improve Talksy. As part of these efforts, we may add or remove features, start offering new services or stop offering some services entirely (or just in some places or for some users) if they no longer make sense from a business perspective or create risk for Talksy, our users or other third parties. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.

Your Talksy account

To access the services on an ongoing basis, you will need to create a Talksy account. You can provide a username and password, and a way of contacting you (such as an email address). In some cases, you may be required to verify your account or provide additional information.

You are responsible for the security of your account, and you agree to notify us immediately if you believe your account has been compromised. If you use a password, it must be strong, and we (strongly) recommend that you use that password only for your Talksy account.

You must always provide accurate information to Talksy and maintain the accuracy of the information associated with your account. We may assume that any communications we’ve received from your account or the associated contact information have been made by you and that any purchases made using your account were made by you.

If you get locked out of your account, we’ll need to contact you at the email or phone number associated with your account. If your account is compromised or you no longer have access to your email account or phone number, we may not be able to restore your access to your account or the servers you’ve created.

You agree not to license, sell, lend or transfer your account, Talksy username, or other unique identifier without our prior written approval. We also reserve the right to delete, change or reclaim your username, URL or other identifier.

Content in Talksy`s services

Your Content

When we say ‘your content’ in these terms, we mean all the things you add (upload, post, share, stream, etc.) to our services. This includes text, links, GIFs, emojis, photos, videos, documents or other media. If we come up with another way for you to add content to the services, it includes that too.

You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licences in this section of these terms and that your content is lawful. We take no responsibility for any of your content and we are not responsible for others’ use of your content.

Our services allow users to add content in a number of different ways, including via direct messages, group direct messages and in small and large servers. Some of these servers may be larger spaces and, if you share content within them, that content may be more likely to be accessed by a lot of people. For example, some servers are available in the Server Discovery section of the app and do not require an invite link to join. Other server owners may publish their server invite link on public websites. Anyone can access these spaces. You should be aware that these permissions are set by server owners or admins and they may change over time. Please understand where you are posting on Talksy, familiarise yourself with the relevant server permissions when joining and posting in a certain space and choose the right space, features and settings for you and your content.

Your content is yours, but you give us a licence to it when you use Talksy. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a licence – which is a form of permission – to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing and improving our services:

Use, copy, store, distribute and communicate your content in manners consistent with your use of the services. (For example, so we can store and display your content.)
Publish, publicly perform or publicly display your content if you’ve chosen to make it visible to others. (For example, so we can display your messages if you post them in certain servers or recommend that content to others.)
Monitor, modify, translate and reformat your content. (For example, so we can resize an image you post to fit on a mobile device.)
Sublicense your content, to allow our services to work as intended. (For example, so we can store your content with our cloud service providers.)

This licence is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable and perpetual.

We reserve the right to block, remove and/or permanently delete your content if it is in breach of these terms, our Community Guidelines, our other policies or any applicable law or regulation, or if it creates risk for Talksy or negatively impacts the experience or interests of other Talksy users to continue to make it available.

We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable licence to use the feedback and ideas generated from the feedback without any restrictions, attribution or compensation to you.

Talksy’s content

Our services include some content that belongs to us, such as the design of our apps and websites, our art and images, and content written by us. You may use our software as outlined in these terms. You may only use our trademarks (or other brand indicia) and copyrights as permitted in our Brand Guidelines or with our prior written permission. We retain all intellectual property rights in our content.

When using our services

When using our services, you must comply with these terms and all applicable laws, rules and regulations, and you must only use the services for authorised and acceptable purposes. You must also adhere to our Community Guidelines and other policies, which contain more detailed rules about your content and behaviour when using Talksy. Fundamentally, do not do, try to do or encourage or help others to do any of the following:

Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, exploiting, harassing, bullying, spamming, auto-messaging or auto-dialling people through our services.
Don’t use the services to do harm to Talksy. Among other things, this includes trying to gain access to or attacking our systems, scraping our services without our written consent, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission and misusing our reporting or customer service mechanisms.
Don’t use the services to do anything else that’s illegal. This includes using the services to plan or commit any crime or do anything else that is illegal.

Termination

Your right to terminate

You’re free to stop using Talksy’s services at any time and for any reason. To terminate this agreement, you may delete your Talksy account through the Settings page in the Talksy app (the gear icon next to your username) and discontinue use of the services. Certain provisions of these terms will survive termination as outlined below in the ‘Survival’ section.

Disabling your account limits the processing of your personal information as described in our Privacy Policy. Disabling your account does not terminate this agreement.

Our right to terminate

Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion for any reason or for the following reasons:

You breach these terms, our Community Guidelines, our other policies or additional terms that apply to specific products.
We’re required to do so to comply with a legal requirement or court order.
We reasonably believe termination is necessary to prevent harm to you, us, other users or third parties.
Your account has been inactive for more than two years.
Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for Talksy, other users or third parties.

However, we will give you advance notice if reasonable to do so or required by applicable law.

Appeals

We value transparency and work hard to give you context for the decisions we make. You can appeal any enforcement action we take under these terms or other policies, including terminations, suspensions or content removals through this form or available in-app options. If you reside in the European Economic Area, your appeal must be submitted within six months of the relevant decision.

Indemnity

If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Talksy and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.

Services ‘AS IS’

We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, Talksy, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED ‘AS IS’. WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

Data Charges

You are responsible for any mobile charges that you may incur for using our services. This includes data charges and charges for messaging, such as SMS, MMS or other messaging protocols or technologies. If you are not sure what you may be charged, you should ask your mobile service provider before using our services.

Limitation of liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR MATERIAL BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER Talksy, ITS AFFILIATES NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Talksy OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), Talksy LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY). Talksy ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Talksy AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

Settling disputes between you and Talksy

Informal resolution

Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires emailing disputes@cyberkoalastudios.com written notice , which must include: (1) your name; (2) the email address or phone number associated with your Talksy account; (3) a detailed description of the issue, and (4) how you’d like to resolve it. If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Talksy agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice to disputes@cyberkoalastudios.com, while the parties attempt informal resolution.

If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement mechanism under DSA Article 21. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court. Note that a submission to the ODR or via the OCDS mechanism alone, without submitting a Written Notice to disputes@cyberkoalastudios.com, will not toll the applicable statutes of limitations or other deadlines.

Contacting each other

If you have any questions about these terms, please contact us at support@cyberkoalastudios.com. We may send you electronic communications related to our services. Where required, we’ll get your consent before sending you direct marketing and we’ll make it easy for you to opt out.