Terms of Service

1. Acceptance of Terms

Welcome to Talkolia! These Terms of Service ("Terms") govern your access to and use of Talkolia's AI chatbot platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Talkolia provides an AI-powered chatbot platform that enables businesses to create, customize, and deploy intelligent chatbots for customer support, lead generation, and website interaction. The Service includes:

• AI chatbot creation and customization tools
• Website content analysis and training capabilities
• Integration with websites and third-party platforms
• Analytics and conversation management dashboard
• Customer support and documentation

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your account credentials secure and confidential
• Notify Talkolia immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this age requirement.

3.3 Account Termination

Talkolia reserves the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, illegal, or harmful activities.

4. Subscription Plans and Payments

4.1 Subscription Plans

Paid subscription plans are billed on a monthly or annual basis. By selecting a paid plan, you authorize Talkolia to charge your payment method through Whop (third-party payment processor) for the subscription fees.

4.2 Billing and Renewals

• Subscriptions automatically renew unless canceled before the renewal date
• You will be charged at the then-current rate for your plan
• Talkolia will provide notice of any price changes in advance
• All fees are non-refundable except as required by law

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

4.4 Payment Methods

Payment processing is handled by Whop. You are responsible for any fees charged by your payment provider.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Transmit malware, viruses, or harmful code
• Harass, abuse, or harm others
• Impersonate any person or entity
• Collect or harvest personal information without consent
• Interfere with or disrupt the Service or servers
• Bypass any security or authentication measures
• Use the Service for spam or unsolicited communications
• Create chatbots that provide medical, legal, or financial advice without proper disclaimers
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Service without authorization

6. Intellectual Property Rights

6.1 Talkolia's Rights

The Service, including all software, content, designs, trademarks, and logos, is owned by Talkolia and protected by copyright, trademark, and other intellectual property laws. Talkolia grants you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

6.2 Your Content

You retain all rights to the content you provide to the Service ("Your Content"), including website content, training data, and customizations. By using the Service, you grant Talkolia a license to use, store, and process Your Content solely to provide and improve the Service.

6.3 AI-Generated Content

Content generated by AI chatbots based on your training data is considered Your Content, subject to the limitations of AI-generated content and Talkolia's usage rights as described above.

7. Data Privacy and Security

Your privacy is important. The collection, use, and protection of your personal information is governed by the Privacy Policy, which is incorporated into these Terms by reference.

Talkolia implements industry-standard security measures to protect your data through Supabase (database and authentication provider). However, no system is completely secure, and absolute security of your information cannot be guaranteed.

8. Chatbot Conversations and Data

8.1 Conversation Logs

Conversation logs between your chatbot and end users are stored according to your settings and retention preferences. You are responsible for informing your users that conversations may be recorded and processed.

8.2 AI Training

Talkolia may use anonymized and aggregated conversation data to improve AI models and the Service. Personally identifiable information from conversations is not used for training purposes without your consent.

8.3 End User Privacy

You are responsible for complying with all applicable privacy laws and regulations when collecting information from your end users through the chatbot.

9. Third-Party Integrations

The Service may integrate with third-party platforms and services. Your use of third-party services is governed by their respective terms and conditions. Talkolia is not responsible for the availability, performance, or policies of third-party services.

10. Service Availability and Modifications

10.1 Availability

Talkolia strives to provide reliable and uninterrupted service, but does not guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

10.2 Modifications

Talkolia reserves the right to modify, suspend, or discontinue any aspect of the Service at any time. Advance notice of material changes will be provided when possible.

11. Disclaimers and Limitations of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Talkolia does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• AI-generated responses will always be accurate or appropriate
• Defects will be corrected
• The Service will meet your specific requirements

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKOLIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Talkolia's total liability shall not exceed the amount you paid in the twelve (12) months preceding the claim.

11.3 AI Limitations

AI chatbots may occasionally produce inaccurate, inappropriate, or unexpected responses. You are responsible for monitoring your chatbot's performance and implementing appropriate safeguards.

12. Indemnification

You agree to indemnify, defend, and hold harmless Talkolia and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or chatbot interactions

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your subscription and ceasing to use the Service.

13.2 Termination by Talkolia

Talkolia may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activities
• Pose a security risk to the Service or other users

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Your data may be deleted in accordance with the data retention policy
• You remain liable for any outstanding fees
• Provisions that should survive termination (e.g., disclaimers, limitations of liability) will continue to apply

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact contact@brandolia.io to attempt to resolve the dispute informally.

14.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. You agree to waive your right to participate in class action lawsuits.

14.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to conflict of law principles.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Talkolia regarding the Service.

15.2 Modifications

Talkolia may modify these Terms from time to time. Notice of material changes will be provided by posting the updated Terms on the website and updating the "Last Updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.5 Assignment

You may not assign or transfer these Terms or your account without Talkolia's prior written consent. Talkolia may assign these Terms to any successor or affiliate.

15.6 Force Majeure

Talkolia shall not be liable for any failure to perform due to circumstances beyond reasonable control, including natural disasters, war, terrorism, riots, or internet service failures.

16. Contact Information

If you have any questions about these Terms, please contact:

• Email: contact@brandolia.io
• Website: https://talkolia.co

17. Additional Terms for Specific Features

17.1 Beta Features

Talkolia may offer beta or experimental features that are provided "as is" without warranties or support guarantees.

17.2 White Label Solutions

White label or enterprise solutions are subject to separate commercial agreements.