We've drafted these Terms of Service (which we call the "Terms" or "Agreement") so you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Agreement, there are places where this Agreement may still read like a traditional contract. There's a good reason for that: This Agreement does indeed form a legally binding contract between you and TIHN PTE. LIMITED. So please read them carefully.
By using ToTalk or any of our other products or services that link to this Agreement (we refer to these simply as the "Services"), you agree to the Agreement. Of course, if you don't agree with them, then don't use the Services. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UPFRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND TOTALK AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TOTALK WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
No one under 16 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
- You can form a binding contract with ToTalk;
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the United States Government or Chinese Government, you agree to the Amendment to ToTalk Terms of Service for the United States Government and Chinese Government Users.
No one under 16 is allowed to create an account or use the Services.
You hereby warrant that you are at least 16 years old. In the event that the information you provide in this regard is not truthful, ToTalk shall not be liable as it cannot verify the age of its users. If you are under 16 years old, do not attempt to register or use the App or the Service. If you are under the age of 16, you may use the Service, with or without registering, only with the approval of your parent or guardian. In addition, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these terms.
By visiting the APP, and by accessing the information, resources, functions, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use the Resources only for the purposes intended as permitted by the terms of the Agreement, applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
In order to access the Resources, you may be required to provide certain information about yourself (such as phone number, email address, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/accounts. Accessing (or attempting to access) any of the Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, de-compile, sell, trade, or resell the Resources is strictly prohibited. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as explained above, and may incur criminal or civil liability. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. And, you should be aware that the APP itself is also a social communication tool with capabilities to post, deliver, exchange, and receive content. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools on the Website and the APP. Therefore, if you choose to use these tools to submit any type of content to our website or the APP, it is your personal responsibility to use the tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools or the APP as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
- Contains any type of unauthorized or unsolicited advertising.
- Impersonates any person or entity, including any TIHN employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Calls and texts made to other ToTalk users within ToTalk may be free. Calls and texts made outside of the ToTalk network may require ToTalk credits. Voice calls are charged in increments of one minute, and are rounded up to the next minute. ToTalk reserves the right to charge for its Resources at its sole discretion. ToTalk reserves the right to change pricing and modify or discontinue any of its Resources at any time and without notice. By using its Resources, you are accepting the rates charged at the time of use. ToTalk is not responsible for any voice, messaging, data, Internet charges assessed by carriers or Internet service providers and incurred when accessing ToTalk Resources. Such charges are the sole responsibility of the user.
Only first-time ToTalk VIP subscribers are eligible for free trials, introductory offers or promotional pricing.
Monthly subscription - three days trial. You'll be automatically charged the price listed unless you cancel during your trial, and then every month starting on the first billing date until you cancel your subscription. Cancel anytime. No refunds or credits for partial billing periods.
Price may vary by user. ToTalk reserves the right to change the price at any time.
- Each user has the option to purchase DCT in ToTalk.
- Within 60 hours of each purchase, the DCT can be only used in the phone call function.
- ToTalk has the right to reset the balances to zero to those accounts have not been used in 90 days.
- All purchases are non-refundable.
ToTalk will hold some reward activities constantly. Any user shall not participate in these activitives in any improper methods, and ToTalk reserves the right to tag or block all the suspicious accounts. ToTalk reserves the right to withhold or claim the rewards for the account which have already been tagged. Improper methods include but are not limited to: using illegal tools to share, download, install, register, log into multiple accounts and other improper methods.
ToTalk follows Google and Facebook Advertising Policy, we DO NOT encourge users to click on any ads unless you are genuinely interested in it, and we DO NOT reward you for any watching or clicking on any ads.
License Grant: ToTalk agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. All rights not expressly granted by ToTalk are hereby reserved. You agree not to take any action to interfere with ToTalk's ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not:
- Reproduce, republish, redistribute, or transmit the APP
- To the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the APP.
- Modify or create any derivative works based on the APP, including customization, translation, or localization.
- Copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the APP.
- Except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the APP, or in any way ascertain, decipher, or obtain the communications protocols for accessing the APP, or the underlying ideas or algorithms of the APP.
- Create or use any software other than as authorized by ToTalk to access the APP.
- Attempt to gain unauthorized access to the APP or to any account, application, platform, computer system or network associated with the APP.
- Use the APP in any way that violates this Agreement, or any other agreements between you and ToTalk or its affiliates or any law.
- Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the APP or associated with the Services.
Third Party Software: The APP may be incorporated into, and may incorporate itself, software and other technologies owned and controlled by third parties. Any such third party software or technology that is incorporated into the APP falls under the scope of this Agreement. The sponsored offers for free ToTalk credits are hosted by third party sponsors. ToTalk shall have no liability to change the policy of the third parties and shall not be responsible for any missing credits from sponsored offers. You agree to be responsible for claiming missing credits from the third party sponsors.
By using the Website or the APP, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
The use of our Resources will meet your needs or requirements. The use of our Resources will be uninterrupted, timely, secure or free from errors. The information obtained by using our Resources will be accurate or reliable. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. No information or advice, whether expressed, implied, oral or written, obtained by you from TIHN. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. TIHN will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR RESOURCES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR RESOURCES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All content and materials available on the Website and the APP, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of TIHN and are protected by applicable copyright and trademark laws. Any inappropriate uses, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by TIHN.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website, the APP and the Resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
The Website and the APP are controlled by TIHN, A Singapore company. The Website and the APP can be accessed by most countries around the world. As each country has laws that may differ from those of Singapore, by accessing our website and the APP, you agree that the statutes and laws of Singapore, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the website and the APP, and the purchase of any products or services through the Website and the APP.
Furthermore, any action to enforce this Agreement shall be brought in the courts located in Singapore. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
- These Terms make up the entire agreement between you and ToTalk, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at: firstname.lastname@example.org