Talkatone

Privacy Policy

(Effective Date: October 15, 2013) We at Talkatone, Inc. (“Talkatone”, “we” or “us”), know that you care about how your personal information is used and shared, and take your privacy seriously. Please read the following to learn more about our privacy policy. By using the Talkatone services and/or visiting the http://www.talkatone.com website and domain name (the “Website”), and any other linked pages, features, content, or other application services offered from time to time by Talkatone in connection therewith (collectively, the "Services"), you acknowledge the practices and policies regarding our collection, use, and sharing of your information as described below.

Remember that your use of the Services is at all times subject to the Terms of Use at www.talkatone.com/privacy.html, which incorporates this Privacy Policy. Any capitalized terms we use in this Policy without defining them have the definitions given to them in the Terms of Use at www.talkatone.com/privacy.html.

What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of personal information that we gather when you use the Services and when you access the Website ("Personal Information"). This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Use at www.talkatone.com/privacy.html, we do not knowingly collect or solicit Personal Information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at support@talkatone.com.

What Personal Information Do We Collect?

The Personal Information we gather from customers enables us to personalize and improve the Services. We collect the following types of Personal Information from our customers:

Personal Information You Provide to Us:

We receive and store any information you enter on our Website, send to us through the Services or via email or SMS, or knowingly provide to us in any other way. The types of Personal Information collected may include your full name, email address, gender, age, mobile phone number, and any other information necessary for us to provide our Services. Although some information may be required to register with us, you can choose not to provide us with certain information; by omitting information, you may not be able to take advantage of some of our features/services. The Personal Information you provide is used for such purposes as providing the Services, answering your questions about the Services, and communicating with you about Talkatone’s products and services, including specials and new features. We will only send you marketing in accordance with your expressed communications preferences, however.

We may also collect third-party account credentials (for example, your log-in credentials for Google Voice, Facebook or other third-party sites) to help you take full advantage of the Services. If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy; for example, if you sign in to Google Voice through our Services, we can access your information stored on your Google Voice account.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services, in accordance with your preferences. Also, we may receive a confirmation when you open an email from us if your computer supports this type of program. This confirmation helps us make our communications with you more interesting and helpful and improve our Services by allowing Talkatone to use aggregated confirmation information. If you do not want to receive communications from us, please indicate your preference by emailing us at support@talkatone.com.

Other Information Collected Automatically:

  • We receive and store other types of information whenever you interact with our Website or use the Services. For example, we automatically receive and record information on our server logs from your browser or device including your IP address, device identifier, “cookie” information, browser type, operating system information, and the page or feature you requested. We use this information for internal purposes such as providing the Services to you.
  • Generally, our service automatically collects usage information, such as the numbers and frequency of calls to the Services and visitors to our Website, similar to TV ratings that indicate how many people watched a particular show. We only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services or Website so that we can make them appealing to as many customers as possible, and improve them as necessary.
  • As part of this use of information, we may provide aggregate information to our partners (including advertisers) about how our customers, collectively, use our Services or Website. We share this type of statistical data so that our partners also understand how often people use the Services or Website, so that they, too, may provide you with an optimal level of service and online experience. Again, we never disclose aggregate information to a partner in a manner that would identify you personally.

What About Cookies?

  • Cookies are alphanumeric identifiers that we transfer to your browser or device that enable our systems to recognize your browser. Cookies tell us how and when pages and features in our Services are visited and by how many people. We may use cookies to enhance visitors’ experiences and to learn more about their use of the Services and Website and to improve quality of the Services, including better Services options.
  • Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, such third party may transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.
  • You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

What About Device Identifiers?

  • Mobile devices (such as iPhones, iPods, iPads, Android phones and tablets and Kindle devices) have unique device identifiers, including, as applicable, IDFA, UDID, serial, and IMEI numbers. Depending on your device and its specific settings, Talkatone may collect device identifiers in certain cases to guarantee that the Services won't be accidentally interrupted, to enhance users’ experiences, to learn more about their use of the Services and to improve quality.
  • You should consult your device's privacy settings to understand how you can control this data collection.
  • Ads appearing through the Services may be delivered to users by our advertising partners, who may check your device identifiers. Device identifiers allow the ad provider to recognize your device each time they send you an advertisement to compile information about you. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of device identifiers by Talkatone and does not cover the use of device identifiers by any third party, including advertisers.
  • Notwithstanding anything else in this policy, we or a data provider we have engaged may collect and store a unique identifier tied to your mobile device, in order to deliver customized ads or content to you while you use the applications. In order to customize these ads or content, we or a data provider we have engaged may connect de-identified demographic or other data about you (received from third parties) to data you voluntarily have submitted to us, e.g., your email address or data passively collected from you, such as your device identifier or IP address. If we do this, we will share your email address solely in hashed, non-human readable form. To opt- out your device from receiving ads through this method, please contact us at support@talkatone.com.

Will Talkatone Share Any of the Personal Information it Receives?

  • Personal Information about our customers is an integral part of our business. In some cases, we may share your Personal Information, but only as described below.
  • Information that’s no longer personally identifiable: We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate information to a partner in a manner that would identify you personally, as an individual.
  • Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers. We also may provide any of the device-related information we have collected from you to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.
  • Keywords: We may share certain keywords (“Keywords”) with Advertisers when you use the Services. Talkatone uses Keywords to help provide you with the most relevant ads. We won’t ever share the content of the email or text or your Personal Information with the Advertiser in connection with such Keyword sharing. However, the Advertiser may be able to associate your device information with matching Keywords in your use of the Services. To learn more about device identifiers (including UDIDs) and our Advertisers, please review the relevant portions of this Privacy Policy above.
  • Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of third party websites and businesses and work closely with them. In certain situations, these businesses may sell or provide products or services to you through the Services or the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your Third Party Account; for example, you can import information stored on your Google Voice account to use with the Services. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
  • Agents: We may employ other companies and people to perform tasks on our behalf and may need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us in delivering products and services to you.
  • Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Talkatone, or substantially all of its assets were acquired, or in the unlikely event that Talkatone goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Talkatone may continue to use your Personal Information as set forth in this policy.
  • Protection of Talkatone and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use at www.talkatone.com/privacy.html and other agreements; or protect the rights, property, or safety of Talkatone, our employees, our users, or others.
  • Except as set forth above, you will be notified when your Personal Information may be shared with third parties.

Is Personal Information About Me Secure?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

Talkatone uses appropriate technical and organizational measures to protect user information and to ensure that user account information is kept private; however, Talkatone cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Transfers of Personal Information

Given that the Internet is a global environment, using the Internet to collect and process Personal Information necessarily involves the transmission of Personal Information on an international basis. Therefore, by using Talkatone, you acknowledge the transfer of your Personal Information outside your country of residence to any country where we have facilities or engage third parties (including the United States of America). You understand that the countries to which we may transfer information may not have as comprehensive a level of Personal Information protection as in your country.

What Choices Do I Have?

  • Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us.
    • Password
    • Email address
    • Location
    • User profile information.
    When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us at support@talkatone.com. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy@talkatone.com.
  • As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Services and/or the Website.
  • If you do not wish to receive email or other mail from us, please send us an email at privacy@talkatone.com to let us know. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services and the Website, and you are responsible for reviewing such legal notices for changes.
  • Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@talkatone.com.

Changes to this Privacy Policy

Talkatone may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Services or the Website after such changes have been first posted.

Questions or Concerns

If you have any questions or concerns regarding privacy in our Services, please send us a detailed message at privacy@talkatone.com. We will make every effort to resolve your concerns.

1. Terms of Use

1.1 (Version No. 4. Effective Date: January 15, 2014) Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the services offered by Talkatone, Inc. (“Company”). This Agreement sets forth the legally binding terms and conditions for your use of the various websites owned and operated by Company, including, without limitation, the http://www.talkatone.com website and domain name (“Sites”), and any other features, content, or applications offered from time to time by Company in connection therewith (collectively “Service”). By using the Sites or Service in any manner, including but not limited to visiting or browsing the Sites, you agree to be legally bound by this Agreement. This Agreement applies to all users of the Sites or Service, including users who are also contributors of content, information, and other materials or services on the Sites.

2. Acceptance of Terms

2.1 The Service is offered subject to acceptance, without modification, of these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Sites by Company. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

2.2 The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and are at least 13 years old, and that all registration information you submit is accurate and truthful. If you’re agreeing to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization or entity’s behalf and bind them to these Terms of Use (in which case the reference to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization or entity). Company may, in its absolute sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

3. Modification of Terms of Use

3.1 Company reserves the right, at its absolute sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

If you don’t agree with the new Terms of Use, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of all of the changes.

4. Privacy

4.1 Company's current Sites and Service privacy statement is located at http://www.talkatone.com/privacy.html (the “Privacy Policy”) and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@talkatone.com.

In the United States, the Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as reasonably possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@talkatone.com.

5. Company and Content

5.1 The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Company’s) rights.

5.2 You understand that Company owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

6. Rules and Conduct

6.1 As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You will only use the Services for your own internal, personal, non- commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You are responsible for all of your activity in connection with the Service. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.

6.2 By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, that:

  • infringes or violates the intellectual property rights or any other rights of any person or entity (including Company);
  • violates any law or regulation, including but not limited to all applicable local, state, national and international laws and regulations;
  • is harmful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
  • jeopardizes the security of your account or anyone else’s account (such as allowing someone else to log in to the Services as you);
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • involves commercial activities and/or sales without Company’s prior written consent, such as telemarketing, call center operations, contests, sweepstakes, barter, advertising, pyramid schemes, or any other use to generate income for yourself or others as a result of calling numbers through the Service (other than for your individual business communications);
  • involves unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time;
  • is intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
  • impersonates any person or entity, including any employee or representative of Company.

6.3 Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its absolute sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) run Maillist, Listserv, any form of auto-responder or spamming on the Service.

6.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

6.5 Company reserves the right to remove any Content from the Sites or Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms of Use), or for no reason at all.

7. Fees, Bill Payment, and Refund

7.1 Depending on the Services you use or sign up for, you may be required to pay fees in connection with the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. If you request a change in any Service, there may be additional or different fees. Special or enhanced features you use may also carry applicable charges. For instance, depending on the type of Service you use, there may be charges for calls placed to or from certain locations, including without limitation payphones and areas within extended calling zones.

7.2 Company may offer a Service that allows you to purchase prepaid credits to be used for minutes and/or messaging Services. Usage of minutes (whether prepaid or not) is billed in twelve (12) second increments. Prepaid credits are billed at the time of purchase. Unless prohibited by law and except as expressly provided in these Terms of Use (including, without limitation, Section 12.3 as it relates to Company Numbers, as defined below), any prepaid credits you purchase will expire thirty (30) days from your most recent date of use of the Service to place or receive a call or send or receive a text message. Prepaid credits may not be transferred and will not be restored once expired.

7.3 Except as outlined in Section 11.4, Company will be under no obligation to offer any refunds or reimbursements for the purchase price of any prepaid credits you purchase from Company or any fees you pay to Company.

7.4 Company reserves the right to change its pricing and to institute new charges at any time, upon ten (10) days prior notice to you, which may be posted on the Sites or other public channels. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

8. Third Party Sites

8.1 The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites or Services. When you access third party websites, you do so at your own risk. When you access third party websites or use third party services, you accept that there are risks in doing so and that Company is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

8.2 Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

9. No Emergency Services

9.1 You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service (“Emergency Services”). Company, its affiliates or staff are in no way liable for such emergency calls or communications. By agreeing to these Terms of Use you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept your responsibility to purchase, separately from the Service, traditional wireless or wireline telephone service and other means of communication intended for access to Emergency Services. You recognize and agree that Company is not required to offer Emergency Services or access thereto pursuant to any applicable local and or national rules, regulation or law. You further acknowledge that Company is not a replacement for your primary telephone service or any other means of communication.

10. User Submissions

10.1 The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Services (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service, you:

  • by submitting the User Submissions to Company, or displaying, publishing, or otherwise posting any Content on or through the Sites or the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with the Sites, the Service and Company’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non- exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
  • understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

10.2 Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss that you cause to any party resulting therefrom.

10.3 Company has no obligation to monitor the Site, Service, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

10.4 Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.

11. Termination

11.1 Company may in its absolute discretion terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

11.2 If you wish to terminate your account, you may do so in your absolute sole discretion, with our without cause, at any time, and effective immediately by following the instructions on the Sites.

11.3 To understand how Company treats information you provide after you stop using the Service, please refer to Company’s Privacy Policy at http://www.talkatone.com/privacy.html.

11.4 Any fees paid hereunder are non-refundable; provided, however, that if Company is in breach of the Terms of Use, you may be able to receive a pro-rata refund if you live in a jurisdiction that provides for such pro-rata refunds.

11.5 All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Account Inactivity and Phone Number Ownership

12.1 If Company provides a phone number (“Company Number”) to you, you understand and agree that you do not own the number or have a right to keep that Company Number forever. Company may change or withdraw your Company Number from time to time for any reason upon notice to you.

12.2 Company may reclaim the Company Number you received through the Service (if you have one) if you have not placed or received calls or sent or received text messages (“Inactivity” or “Inactive”) for a period of thirty (30) days. However, you may be eligible for the Company Number Phase Out (described below) before Company reclaims your Company Number. We will not reclaim numbers that you have ported to the Service.

12.3 Company Number Phase Out: If you have a Company Number and you have any prepaid credits in your account, your prepaid credits may expire from your account following thirty (30) days of Inactivity in twenty (20) credit increments. Following every thirty (30) days of Inactivity, twenty (20) prepaid credits will expire from your account. If you have less than twenty (20) credits in your account at any time during a thirty (30) day period of Inactivity, all of your remaining prepaid credits will expire at the same time. Once your account has been Inactive for a period of thirty (30) days after your prepaid credit balance has reached zero, Company may reclaim the Company Number associated with such account. Please note that if you begin using the Company Number before Company reclaims it, you will not receive any refund or restoration of expired prepaid credits.

13. International/Non-California Use

13.1 Company makes no representation that the Content is appropriate or available for use in locations outside of California, US, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with any applicable local laws.

14. Apple App Store Terms

14.1 These Terms of Use apply to your use of all the Services, including the iPhone, iPod and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

  • Both you and Company acknowledge that these Terms of Use are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non- sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;
  • You will only use the Application in connection with an Apple device that you own or control;
  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  • You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  • You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  • Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.

15. Integration and Severability

15.1 These Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites.

15.2 If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

15.3 Nothing in these Terms of Use is intended to exclude or limit Company's liability for fraud or fraudulent misrepresentation.

15.4 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16. Indemnification

16.1 You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to:

  • your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions;
  • your violation of these Terms of Use; or
  • infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

16.2 Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

17. Dispute Resolution

17.1 A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17.2 You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

17.3 These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America.

17.4 Arbitration. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

17.5 Jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

18. Warranty Disclaimer

18.1 Company does not make any representations or give any warranties, conditions or other terms (collectively "Promises") concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Company does not make any Promises that the Services will function without disruptions, delays, or errors. Many factors, including your local network, your internet service provider, your firewall, your power supply, the public telephone network, and the public internet, may affect your ability to use the Services and the quality of your communications through the Services, and may result in the failure of your communication. Company is not responsible for any disruption, interruption or delay caused by any failure of or inadequacy in any of these factors or any other items over which Company has no control. We make no representations or Promises regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).

18.2 THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS ON IMPLIED PROMISES (OR THE DURATION OF IMPLIED PROMISES), AND WHERE THIS IS THE CASE THE ABOVE LIMITATIONS WILL NOT APPLY TO YOU; PROVIDED, HOWEVER, THAT ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED FROM THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

18.3 Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service. Some states and jurisdictions do not allow the preceding limitation of liability on the protection of privacy to the extent personal information is stored on Company’s equipment; where this is the case, the preceding limitations do not apply to you, but only to the extent such information is stored on Company’s equipment.

19. Limitation of Liability

19.1 NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY OF COMPANY FOR:

19.1.1 DEATH OR PERSONAL INJURY CAUSED BY COMPANY'S NEGLIGENCE; OR

19.1.2 FRAUD OR FRAUDULENT MISREPRESENTATION.

19.2 SUBJECT TO CLAUSES 18.1-18.3:

19.2.1 COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR:

  • LOSS OF PROFITS; OR
  • LOSS OF BUSINESS; OR
  • DEPLETION OF GOODWILL OR SIMILAR LOSSES; OR
  • LOSS OF ANTICIPATED SAVINGS; OR
  • LOSS OF GOODS; OR
  • LOSS OF CONTRACT; OR
  • LOSS OF USE; OR
  • LOSS OR CORRUPTION OF DATA OR INFORMATION; OR
  • ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES, WHETHER THE SAME ARE SUFFERED BY YOU OR ANY PERSON CLAIMING UNDER OR THROUGH YOU AND WHETHER THE SAME ARE SUFFERED DIRECTLY OR INDIRECTLY.

19.1.5 COMPANY'S TOTAL LIABILITY IN CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THESE TERMS OF USE SHALL BE LIMITED TO ANY AMOUNT PAID BY YOU TO COMPANY IN THE PREVIOUS TWELVE (12) MONTH PERIOD.

20. Miscellaneous

20.1 Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

20.2 These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent.

20.3 No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

20.4 In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees.

20.5 All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

21. Copyright and Trademark Notices

21.1 Unless otherwise indicated, these Terms of Use and all Content provided by the Company are copyright © 2014 Talkatone, Inc. All rights reserved. TalkMe.IM and Talkatone are either trademarks or registered trademarks of the Company.

21.2 The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

22. Digital Millennium Copyright Act Notice

22.1 Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

22.2 It is Company’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

22.3 Procedure for Reporting Copyright Infringements:

22.3.1 If you believe that Content residing on or accessible through the Sites or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, e- mail address;
  • A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

22.4 Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

22.4.1 It is Company’s policy:

  • to remove or disable access to the infringing Content;
  • to notify the Content provider, member or user that it has removed or disabled access to the Content; and
  • that repeat offenders will have the infringing Content removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.

22.5. Procedure to Supply a Counter-Notice to the Designated Agent:

22.5.1 If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the Content provider, member or user;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

22.6 If a counter-notice is received by the Designated Agent, Company may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter- notice, at Company’s discretion.

23. Contact

The Service is operated and provided by Talkatone, Inc. If you have questions about these Terms of Use please contact us at support@talkatone.com, 1971 Landings Drive, Mountain View, CA 94043.