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Terms of Use

Effective Date: November 22, 2025 | Last Updated: November 22, 2025

1. Acceptance of Terms

By accessing or using Talkly AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you must not use the App.

2. Description of Service

Talkly AI is an artificial intelligence-powered English language learning platform that provides:

• AI Conversation Practice: Interactive conversations with AI tutors for real-world English practice
• Speech Recognition: Advanced pronunciation feedback and speaking assessment
• Comprehensive Lessons: Structured courses in grammar, vocabulary, reading, and writing
• Interactive Games: Educational games designed to make learning engaging and fun
• Progress Tracking: Personalized learning analytics and achievement tracking
• Listening Exercises: Audio content to improve comprehension skills

3. Eligibility

To use Talkly AI, you must:

• Be at least 13 years of age
• If you are under 18 years old, have permission from a parent or legal guardian
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the service under applicable laws

By using Talkly AI, you represent and warrant that you meet all eligibility requirements.

4. Account Registration

4.1 Creating an Account

To access certain features of Talkly AI, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. Talkly AI will not be liable for any loss or damage arising from your failure to protect your account information.

5. Subscriptions and Payments

5.1 Free and Premium Features

Talkly AI offers both free and premium subscription plans:

• Free Plan: Access to basic lessons, limited AI conversations, and core features
• Premium Subscription: Unlimited AI conversations, advanced lessons, exclusive games, and ad-free experience

5.2 Subscription Terms

Important: The subscription title, length and price are displayed in the App Store and in the in-app purchase flow. You can manage or cancel subscriptions via your App Store account settings.

Please see our Privacy Policy for details about data collection and processing related to subscriptions.

Apple's standard EULA also applies to purchases made through the App Store: Apple Standard EULA.

When you purchase a premium subscription:

• Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Auto-Renewal: Your subscription automatically renews unless cancelled at least 24 hours before the end of the current period
• Price Changes: We may change subscription prices with at least 30 days' notice
• Payment Processing: Payments are processed through the Apple App Store or Google Play Store

5.3 Cancellation and Refunds

• You may cancel your subscription at any time through your App Store or Google Play account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods
• Refund requests are handled according to the App Store or Google Play Store refund policies

6. User Conduct

When using Talkly AI, you agree to NOT:

• Use the App for any illegal, harmful, or unauthorized purpose
• Violate any applicable local, state, national, or international law
• Infringe upon the intellectual property rights of Talkly AI or others
• Harass, abuse, threaten, or harm other users
• Submit false, misleading, or fraudulent information
• Upload viruses, malware, or any malicious code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the App
• Reverse engineer, decompile, disassemble, or create derivative works of the App
• Use automated means (bots, scripts) to access the service
• Share your account credentials with others
• Resell, redistribute, or commercially exploit the App or its content

7. Intellectual Property Rights

7.1 Our Rights

All content, features, and functionality of Talkly AI, including but not limited to:

• Text, graphics, logos, icons, images, audio clips, and video clips
• Software, code, algorithms, and AI models
• Lessons, exercises, games, and educational content
• Design, layout, and user interface
• Trademarks, service marks, and trade names

...are owned by Talkly AI and protected by international copyright, trademark, patent, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Talkly AI for personal, non-commercial purposes, subject to these Terms.

7.3 Restrictions

You may NOT:

• Copy, modify, reproduce, or create derivative works
• Distribute, sell, rent, lease, or sublicense the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks without prior written consent

8. User Content

8.1 Your Content

You retain ownership of any content you create or upload, including:

• Voice recordings for pronunciation practice
• Written responses and answers
• Profile information and photos

8.2 License to Us

By submitting content to Talkly AI, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to:

• Use, store, process, and analyze your content to provide and improve our services
• Create aggregated, anonymized data for research and analytics
• Train and improve our AI models (using anonymized data only)

8.3 Content Standards

You represent and warrant that your content:

• Does not violate any laws or regulations
• Does not infringe on third-party rights
• Does not contain harmful, offensive, or inappropriate material
• Is accurate and not misleading

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy points:

• We use industry-standard encryption to protect your data
• We do not sell your personal information to third parties
• You can request access, correction, or deletion of your data
• We comply with applicable data protection laws (GDPR, CCPA, etc.)

10. Disclaimers and Warranties

10.1 Educational Purpose

Talkly AI is designed as a supplementary educational tool. It is NOT:

• A replacement for formal education or professional language instruction
• A guarantee of English language proficiency
• Suitable for professional certification or academic credit

10.2 Service "As Is"

THE APP 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, or non-infringement
• Warranties that the service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content

10.3 No Guarantee of Results

We do not guarantee that using Talkly AI will result in any particular level of English language proficiency or learning outcomes. Individual results may vary.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 Exclusion of Damages

TALKLY AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Service interruptions or data loss
• Damages resulting from unauthorized access to your account
• Any damages arising from third-party content or conduct

11.2 Limitation Amount

In no event shall our total liability to you for all claims exceed the greater of:

• The amount you paid to Talkly AI in the 12 months preceding the claim, OR
• $100 USD

11.3 Essential Purpose

The limitations in this section apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so these limitations may not apply to you.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the Delete Account feature in the App or on our website
• Contacting our support team at [email protected]

12.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice, if:

• You violate these Terms of Use
• You engage in fraudulent, abusive, or illegal activity
• Your account has been inactive for an extended period
• We determine, at our sole discretion, that termination is necessary

12.3 Effect of Termination

Upon termination:

• Your right to access and use the App immediately ceases
• Your data will be deleted in accordance with our Privacy Policy
• You remain liable for any outstanding payment obligations
• Sections of these Terms that by nature should survive (e.g., intellectual property, disclaimers, limitations of liability) will remain in effect

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you through the App, email, or push notification for significant changes
• Provide at least 30 days' notice for material changes

Your continued use of Talkly AI after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App.

14. Third-Party Services and Links

The App may contain links to third-party websites, services, or content that are not owned or controlled by Talkly AI. We are not responsible for:

• The content, privacy policies, or practices of third-party sites
• Any damages or losses caused by third-party services

Your use of third-party services is at your own risk and subject to their terms and conditions.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through:

1. Informal Negotiation: Contact us first to attempt to resolve the dispute informally
2. Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration (where permitted by law)

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Talkly AI regarding the use of the App.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or technical failures.