TalkEase Service Terms
TALENT ME TECHNOLOGY PTE.LTD. (hereinafter referred to as “TALENT ME”), who possesses the ownership and operational rights of TalkEase, agrees to provide the Internet-based services according to the TalkEase Service Terms (hereinafter referred to as “Service Terms”) and the operation regulations published from time to time. User (hereinafter referred to as “User” or “You”) shall carefully read the content of the Service Terms (particularly in bold), and if minor, in the company of the legal guardian. You have no right to use the services hereunder unless you have accepted the Service Terms. Upon the use of TalkEase’s services, you will be considered to have accepted all the Service Terms, including any revision made by TALENT ME to the Service Terms at any time.
1. TALENT ME will provide TalkEase services for the User using its operating system via the Internet. User shall:
(1) Carefully read and be familiarized with the TalkEase product introduction, and comply with the Service Terms and its related operation regulations;
(2) Be responsible for your own equipment for using such services, and for connecting to a network;
(3) Be responsible for connecting the Internet and any fees for such connection;
(4) Comply with all applicable laws, treaties and regulations.
2. Automatic Updates
The User is assumed to agree to the automatic updates of TalkEase by default unless opted to refuse.
3. Service Description and Deduction
(1) TalkEase Service (or “Services”) refers to the exclusive PRO services provided by TalkEase which the User may talk to our AI tutor and.
(2) Once the User purchases the Service, the User will be considered to have accepted the price indicated for the Service; the Service will take effect immediately upon the completion of the purchase. According to User’s demands, and changes of product and service content, TALENT ME will adjust the types, prices, and content of existing Services to improve and optimize the Service continuously.
(3) Types, prices, and content of membership services shall be subject to those published on the related service pages and the Services actually provided to the Users. User may choose relevant Services as needed.
(4) TALENT ME will launch the weekly/annual subscription service with automatic renewal (“Subscription Service”) to facilitate your continuous purchase of TalkEase Service. Once the Subscription Service is activated, you will be considered to have authorized TALENT ME to deduct the fee for the next billing cycle from the balance of your top-up account, third-party payment account, bank card, communication account, iTunes account or Google Play account (hereinafter collectively referred to as “Accounts”) to which your User Account (as defined below) has been linked prior to the expiration of the current TalkEase Service, provided that the payment methods shall be adjusted according to the opening progress of payment accounts. The Subscription Service will be implemented on the condition that your TalkEase User Account has been linked to the Accounts, and the fees can be deducted from the Accounts. You are obliged to pay attention and ensure that there is sufficient balance under your Accounts to enable your use of the Subscription Service. In case of failure to enable the Subscription Service for the reasons relevant to those mentioned above (including but not limited to insufficient balance to cover the current billing cycle or the next consecutive billing cycles), TALENT ME is entitled to suspend or terminate the provision of the Subscription Services for you without further notice. You shall cancel the Subscription Service, if you opt to do so, at least 24 hours before the end of the current month/year, or the Subscription Services will be automatically renewed. For the reasons other than the breach of applicable laws and regulations or the Service Terms, Users of monthly subscription service may opt to unsubscribe from the Subscription Service, provided that the service fee for the current month is nonrefundable; Users of annual subscription service may choose to unsubscribe from the Subscription Service, provided that the service fee for the current year is nonrefundable.
(5) You can suspend or terminate the Subscription Service by the following methods: How to unsubscribe from the service subject to automatic renewal made via in-app purchase: Open “Settings” of your iPhone --> Enter “iTunes Store and App Store” --> Click “Apple ID” and select “View Apple ID”, then go to the “Account Settings” page and click “Subscribe”, and unsubscribe for “TalkEase Service”.
(6) After the TalkEase Service is activated, User shall only use the Services under the current operating system. User acknowledges and agrees that TALENT ME shall be entitled to set the total number of terminals where your User Account is to be used under the current operating system and to limit the use of a User Account to one terminal at a time. If your use of the Services extends beyond such limits, TALENT ME reserves the right to suspend or terminate the Service for you in part or in whole. User shall solely responsible for any loss arising from the use beyond the scope.
(7) TALENT ME will provide Services as agreed herein, but will not undertake to solve any problem arising from the reasons attributable to the User, including but not limited to computer software and hardware malfunctions, the use of any incompatible browser, network glitch, TALENT ME domain name resolution being disabled upon Internet access or interrupted internet connection with the TALENT ME server.
4. Service Activation, Account Sign-up and Log-in
To activate the TalkEase Service, you may log in using your mobile phone number or by authorizing a third-party account, and select the applicable value-added membership services and pay the agreed fees.
TalkEase User Account login system is not available for some versions, in which case User may select the applicable value-added membership services without logging in, and upon the completion of payment, the User benefits will be linked to the User’s Apple ID or Google Play ID, that is, User may use the TalkEase Service by logging into its Apple ID or Google Play ID.
To sign up for an User Account, User shall abide by applicable laws and regulations, and shall not use any illegal or improper information in the registration of a User Account. User shall warrant that, when signing up for a User Account and using the User Account, it will not:
1. Violate any applicable national, federal, state, local or international laws, treaties or regulations;
2. Generate or disseminate false information, rumors, disturb social order, and/or undermine social stability;
3. Generate or disseminate obscenity, eroticism, gamble, discrimination,violence, murder, threatening to others and/or abet the offense;
4. Exploit, harass, insult, defame, disparage, slander or otherwise harm others;
5. Infringe others’ legal rights and interests.
According to applicable laws and regulations, in consideration of the importance of TalkEase Service, the User agrees that:
1. Users will provide prompt exhaustive and accurate sign-up information;
2. Users will not activate the Services for themselves or others for the purpose of profit-making or by any improper means or breaching the principle of good faith;
3. Users will take the full responsibility for all the behaviors and events under their User Accounts and will neither sell nor lend their User Account.
4. Users will properly and correctly take care of, use and maintain their User Account and the password, and take necessary and effective confidentiality measures for their User Account and password. If the User fails to do so, TALENT ME will not bear any liability for any loss or damage of User, TALENT ME or any other third party caused thereof.
5. TALENT ME reserves the right to reject the sign-up, and to terminate the use of its services by User, if the sign-up information as provided is incorrect or unauthentic, or contains illegal or improper information.
User fully understands and agrees, that they shall be liable for all the behaviors under their User Accounts, including but not limited to any content published by the User and any consequence arising therefrom. User shall make their judgment for the content of the Service, and bear all risks arising from the use of such content, including the risks caused by the reliance upon the correctness, completeness or practicality of the content.
5. Use
TalkEase Service is only available to User for non-commercial purposes. After the purchase, User shall not sell, transfer, grant a license to use or otherwise provide the TalkEase or TalkEase-related data, service or software or its derivatives to any third party, without the written consent of TALENT ME. In the process of using the TalkEase Service, User shall not damage, disable, affect, impose a heavy load on, or influence the use by any other party of the lookup service of TalkEase. User may provide feedback or improvement suggestions of TalkEase, if any, to TALENT ME, whereby TALENT ME and a third party will be granted the right to use and add User’s feedback or suggestions in TalkEase(or third-party software) for free.
6. Service Quality Monitoring
To monitor the service quality, TalkEase will send the quality-related data (including but not limited to lookup delay and the address of the server from which TALENT ME provides services) generated during the software operation to the server of TALENT ME in due time. Meanwhile, a unique number will be generated, and once you install or update TalkEase, the number will be sent to the server of TALENT ME together with a message stating the status of the installation or update.This is to improve the service quality of TalkEase, and TALENT ME warrants that it will not use such information for illegal or immoral purposes.
7. Intellectual Property
(1) The User acknowledges that TALENT ME reserves all the rights of TalkEase, including but not limited to all Intellectual Property Rights. “Intellectual Property Rights” means all the rights specified under copyright laws and international copyright treaties, as well as other intellectual laws and treaties, and all applications, updates, expansions and recoveries thereof, whether implemented and in force now or in the future worldwide. The User agrees that they will not revise, adapt or translate TalkEase, nor create the derivatives of TalkEase, nor obtain the source code or related data by decompiling, reverse engineering, disassembling or any other means. The User agrees that they will not delete, cover up or revise the statements of TALENT ME and any third party for copyright, trademark or other intellectual property rights. Logo, page layout, layout form, texts, pictures and graphics in the online services provided by TALENT ME are subject to the protection of copyright, trademark and other laws, and shall not be, directly or indirectly, published, used, revised or re-issued for publishing or use, or used for any other commercial purpose via any platform, without the consent of related right holders.
(2) TALENT ME respects and encourages the creations by User. User shall own the copyright of all the original content (including but not limited to definitions, examples, answers, articles, and comments) they publish in TalkEase. Subject to Item (4) of this Section 7, User may authorize a third party to use such content in any form, without obtaining the consent of TALENT ME.
(3) To promote the sharing and the spread of knowledge, User shall grant TALENT ME a free, global, perpetual, irrevocable, assignable, sublicensable and non-exclusive license to use all the content they’ve published in TalkEase. TalkEase reserves the right to use such content in all products and services of TALENT ME and its affiliates, including but not limited to websites and applications launched or other Internet products.
(4) If a User authorize a third party to repost the content published by the User in TalkEase in other platforms, it shall ensure that such third party identify in a noticeable position the name (or the username in TalkEase) of the original author, original link and statements as “Published in TalkEase”
(5) If any third party infringes the rights of a TalkEase User, User agrees to authorize TALENT ME or its designated agent to warn, complain, file an administrative proceeding, lawsuit or appeal against or negotiate a settlement with the third party on behalf of TALENT ME or User, and to join the above proceedings to safeguard legal rights if TALENT ME deemsnecessary.
(6) TALENT ME reserves the right to review the content published by the User, but make no expressed or implied warranty for any of such content, which will not represent the opinions or suggestions of TALENT ME. TALENT ME shall be entitled to handle the infringement information in accordance with related evidence, applicable laws and regulations, and the Service Terms.
(7) The User is solely responsible for any content that it contributes, submits, displays or for any adaptations of works made on or through use of the TalkEase. It is the User’s obligation to ensure such content, including photos, texts, documents, videos and music files are lawful and does not violate any right including copyright or other intellectual property rights of TalkEase, other Users, or any other third persons. For the avoidance of doubt; User accepts, declares and undertakes that it is legally entitled on any data, information or content it uses, and that such use does not violate any applicable law or third party rights. The User accepts, declares and undertakes to compensate any damage that may have incurred by both TalkEase and third parties due to the fact that it is not legally entitled on any data, information or content it uses.
8. Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us through [vip_echo@163.com] setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
9. User Privacy System
Respecting User’s privacy is a basic policy of TALENT ME. TALENT ME will collect, store, use, disclose and protect your personal information according to the privacy policy published by TalkEase. Users shall fully read the privacy policy to facilitate the protection of their personal information.
10. Service Change
You fully understand, agree and accept, due to the particularity of Internet services, that TALENT ME might suspend or terminate the provision of the Services for you according to related regulations or as required for its business adjustment. In such case, TALENT ME will protect your legal rights and interests according to the law, provided that you perform the obligations as agreed under the Service Terms.
11. Force Majeure
TALENT ME will bear no liability for any loss arising from force majeure. “Force Majeure” referred to herein include natural disasters, changes in laws and regulations or government orders, those caused by the features of Internet services, such as operation failures of domestic and overseas basic telecom operators, technical defects of computer or Internet, limited coverage of Internet, computer virus and hacker attacks, and other unforeseeable, unavoidable and insurmountable objective circumstances.
12. Notice
All notices will be sent to User via email, in-app notice or an announcement in a noticeable position of the website.TALENT ME will inform User of any revision to the Service Terms, service changes or other important matters by any of the methods above.
13. Liability for Breach
If the User’s act breaches applicable laws and regulations, the Service Terms or the rules of TalkEase, TALENT ME shall be entitled to take measures including but not limited to, suspending or terminating the Service in part or in whole, restricting, suspending or terminating their log-in and use and holding them legally accountable, and TALENT ME is not obligated to return any payment to the User. If the User commits any breach of the Service Terms and causes any damages to a third party, they shall be solely liable for the damages to any third party, and indemnify TALENT ME for any loss caused thereby. User agrees to protect and maintain TALENT ME’s interests, and bear the attorney fee, compensation for damages, penalties imposed by government authorities and other compensations for infringement arising from their breach of the Service Terms and/or other service terms.
14. Law
The terms above will be governed by and interpreted in accordance with the laws of the People’s Republic of China. Any dispute shall be settled by the parties through negotiation; if it fails, the Parties agree to submit the dispute to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with the arbitration rule of CIETAC in force and applicable laws. The venue of arbitration shall be Beijing. The arbitration tribunal shall consist of three (3) arbitrators.
USER AND TALENT ME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The above terms and conditions are the complete agreement in relation to the subject matter hereof and shall prevail over and replace all previous and contemporaneous written or oral provisions or agreements in relation to the subject matter. Any exclusion from the terms shall be in writing, and uponthe written signature of TALENT ME and /or TalkEase or the third party who provides software via TalkEase.
Any doubt about the Service Terms may be sent to TALENT ME at vip_echo@163.com.