Acceptance of Terms and Conditions. This Terms of Service applies to all visitors, data subject, and others ("User(s)" or “You/r”) who access the Chatbot of TALK2U (hereinafter “Service”).
Update Terms and Conditions. TALK2U can update the Terms from time to time. We will update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Experience after the date of the new Terms constitutes your acceptance of the new Terms.
Acknowledgements. TALK2U Chatbots (“ChatBot”) are virtual ChatBots you can chat with about burning issues to educate yourself in an entertaining format and also gain tools and strategies to make behavior changes for your own well-being and/or social environmental good.
You make the choice of using the Bot, based on Your own estimate of need and agree that this is only suitable for self-awareness, behaviour, consciousness and entertainment. Service is not intended for use in crisis such as abuse or complex or severe mental health conditions that causes for example; ideation of suicide, harm to self and others, or for any medical emergencies.
If You are having suicidal thoughts or planning to act on suicidal thoughts, or if You feel that You may be a danger to Yourself or to others, or if You otherwise have any medical or mental health emergency or severe mental health condition, or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country and notify the police or emergency medical Services. For example, You can find Your country-specific suicide emergency number at: Suicide.org - Suicide Prevention, Awareness, and Support
You acknowledge and agree that Your interaction with the ChatBot is with a virtual chatbot (might be displayed using AI) and not a human. The Bot is restricted in the means of response, and the intended use is for providing edutainment as well as evidence-based tools and techniques to manage emotions and encourage behavioural changes in a self-help context. It is not intended for providing diagnosis, treatment or cure of a condition or disease or whatsoever assistance. The ChatBot cannot and will not offer advice on issues it does not recognize.
Services are not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability or provide any type of state-regulated mental health services in Your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition. It cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.
Responsibility for content. You are fully responsible for any and all contents, phrases, and entries added to the network in connection with the use of the Chatbot. In particular and without limitation, you may not:
- Hinder the functioning of Chatbot, especially reverse engineering or hacking the Chatbot, attempting to gain unauthorized access to the Chatbot (or any portion thereof), or related systems, networks, or data;
- Use the ChatBot in a way that may constitute a violation of laws.
- Promote or advertise products or services;
- Allow or encourage anyone else to commit any of the actions listed above.
User Content. Some areas of the Service may allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information [any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content")]. We claim no ownership rights over User Content created by You. TALK2U has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
Occasionally, TALK2U may ask Users if they want to share with others Users some specific content posted by them in order to help others. In those cases, Users will be given the option of sending content or not. The sole fact of sending the content when being asked, will be taken as an acceptance to share the content granting TALK2U a release of rights towards the content. select the option of acceptance or deny. That acceptance can be revoked at any time and TALK2U will stop sharing that content.
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets); (vii) contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any Information or content that You know is not correct and current; (ix) violates any school, Institution or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You may not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. TALK2U reserves the right, but is not obligated, to reject and/or remove any User Content that TALK2U believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, You affirm, represent and warrant the following:
- You have the consent of each and every identifiable natural person in the User Content to use such person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
- Your User Content and TALK2U’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. TALK2U takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that TALK2U shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.
Children’s protection. You must be at least 13 years of age to be able to access the Service. Talk2U does not knowingly provide Services to any person under the age of 13.
By accessing or using TALK2U Chatbot:
- you must obtain parents’ consent or from legal guardian(s); and
- your parent(s) or legal guardian(s) are responsible for: (i) all your actions in connection with your access to and use of the ChatBot; (ii) your compliance with this policy; and (iii) ensuring that any of your participation in the Experience will not, in any event, result in any violation of applicable laws and regulations relating to child protections.
If you do not have consent from your parent(s) or legal guardian(s), you must cease using the ChatBot. Also, Chatbot requires an active Facebook account; which means that Facebook policy regarding children’s protection applies.
INDEMNITY AND WARRANT
You agree to defend, indemnify and hold harmless TALK2U and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password or other appropriate security code.
The service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk to the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, no advice or information, whether oral or written, obtained by You from TALK2U or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, TALK2U, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
We do not guarantee that Our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Experience. You should use your own virus protection software.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall TALK2U, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will TALK2U be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, TALK2U assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. in no event shall TALK2U, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the free TALK2U hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TALK2U has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You understand and agree that, while Services meet all applicable laws in the USA, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable the USA and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations or the USA.
We cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk.
Our Proprietary Rights. Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "TALK2U Content"), and all Intellectual Property Rights related thereto, are property of TALK2U and/or its licensors (also, including Creative Common Licences and other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any TALK2U Content.
You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place TALK2U under any fiduciary or other obligation, and that TALK2U is free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Governing law Brazil. Brazilian law will govern all disputes arising out of or relating to these terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Sao Paulo, Brazil, and you and TALK2U consent to personal jurisdiction in those courts.
Severability. If any provision of this agreement is invalid or unenforceable, it will not affect the remaining provisions.
Interpretation. This Agreement shall be interpreted and construed in accordance with the laws of Brazil. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the person or persons referred to may require. The captions of sections of this Agreement have been inserted as a matter of convenience only and shall not control or affect the meaning or construction of any of the terms or provisions hereof.