We appreciate your choice to utilize TalkingCart!
The conditions of service listed here are pertinent when employing any TalkingCart services or products, including but not limited to our APIs, software solutions, tools, services for developers, data resources, documentations, and websites ("Services"). These Terms encompass our Service Conditions, Sharing & Publication Guideline, Usage Protocols, along with any other relevant documents, guidelines, or policies we may provide formally. You indicate your acceptance of these Terms by utilizing our Services. The ways in which we collect and use your personal information is detailed in our Privacy Policy.
Account Creation and Accessibility To utilize our Services, you must be 13 years of age or older. If you're under 18, you're required to have consent from a parent or guardian. If the Services are employed on behalf of another individual or entity, you must be authorized to consent to these Terms on their behalf. Accurate and complete information is required when setting up an account. Sharing your access credentials or account outside of your organization is prohibited, and you are accountable for all activities conducted using your credentials.
Rules for Usage (a) Service Usage. Your access and usage of the Services, for which we provide you a non-exclusive right, must abide by these Terms. It is mandatory to comply with these Terms and all relevant laws while using the Services. The rights, title, and interest to the Services are owned by us and our affiliates.
(b) Feedback. We value your feedback, ideas, suggestions, proposals, and improvement recommendations. If provided, we reserve the right to use it without any restrictions or obligations to compensate you.
(c) Limitations. Certain actions are prohibited: (i) using the Services in a manner that infringes upon or violates the rights of others; (ii) trying to reverse engineer, decompile, or translate the source code or underlying components of models, algorithms, and systems of the Services, except where such restrictions contradict applicable laws; (iii) using the output from the Services to create models that compete with TalkingCart; (iv) extracting data or output from the Services via automated or programmatic methods, including scraping and web harvesting, except as permitted through the API; (v) misrepresenting automated output from the Services as human-generated or any other violation of our Usage Policies; (vii) trading, selling, or transferring API keys without our prior consent; or (viii), submitting to us any personal data of children under 13 or the appropriate age of digital consent. You will follow any rate limitations and other requirements as specified in our documentation. The use of Services is limited to the geographies currently supported by TalkingCart.
(d) Third Party Services. The terms of any third party software, services, or products used in conjunction with our Services apply separately, and we are not responsible for third-party products.
(b) Content Similarities. As a result of the nature of machine learning, Output might not be unique across users, and the Services may produce identical or similar output for [
PLACEHOLDER] or a third party. For instance, multiple users might ask similar questions, such as “What color is the sky?” and receive the same response such as “The sky is blue.” Outputs requested by and generated for other users are not considered your Content.
(c) Content Use to Enhance Services. We do not use API-related Content you provide or receive to develop or enhance our Services. However, we may use non-API-related Content ("Non-API Content") to improve our Services. More information about how Non-API Content might be used to boost model performance can be found here. If you wish to opt out of having your Non-API Content used to improve Services, you can do so by filling out this form. It's worth noting that in some cases, this may limit the capacity of our Services to cater to your specific use case more effectively.
(d) Accuracy. The fields of artificial intelligence and machine learning are progressing rapidly. We are constantly striving to refine our Services, making them more accurate, dependable, safe, and useful. However, due to the probabilistic nature of machine learning, there may be instances where our Services produce inaccurate Output that does not accurately represent real people, places, or facts. You must evaluate the accuracy of any Output in the context of your use case, which may include having the Output reviewed by humans.
(b) Protection. You must take reasonable and appropriate steps to secure your access to and use of the Services. Should you identify any security vulnerabilities or breaches related to your use of the Services, you must immediately contact TalkingCart and provide details of the vulnerability or breach.
(c) Data Processing. If personal data is processed through the use of the Services, it is your responsibility to provide legally sufficient privacy notices and obtain the required consents for such processing. You affirm to us that you process such data in compliance with applicable law. If you use the TalkingCart API to process "personal data" as defined by GDPR or "Personal Information" as defined by CCPA, please complete this form to request to execute our Data Processing Addendum.
(b) Consequences of Termination. Upon termination, you must stop using the Services and promptly return or, if instructed, destroy any confidential information. Provisions of these Terms which by their nature should survive termination or expiration will continue in full force and effect, including but not limited to Sections 3 and 5-9.
(b) Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
UNLESS OTHERWISE PROHIBITED BY LAW, NEITHER TalkingCart NOR ITS AFFILIATES OR LICENSORS MAKE ANY WARRANTIES (EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THE SERVICES. ALL WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE DISCLAIMED. THERE IS NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
(c) Limitations of Liability. NEITHER TalkingCart NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT LED TO THE CLAIM IN THE 12 MONTHS PRIOR TO THE LIABILITY ARISING OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(b) No Warranties. THE SERVICES ARE DELIVERED “AS IS.” UNLESS OTHERWISE PROHIBITED BY LAW, TalkingCart, ITS AFFILIATES, AND LICENSORS DO NOT PROVIDE ANY WARRANTIES (EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE) CONCERNING THE SERVICES. WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THOSE OF SUITABILITY FOR A SPECIFIC PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, PEACEFUL POSSESSION, AND ANY WARRANTIES THAT MAY ARISE OUT OF ANY DEALINGS OR TRADE USAGE. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR FREE FROM ERRORS, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR CHANGED.
(c) Liability Limitations. NEITHER TalkingCart NOR ANY OF OUR ASSOCIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR OVERALL LIABILITY UNDER THESE TERMS SHALL NOT SURPASS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT CAUSED THE CLAIM IN THE 12 MONTHS BEFORE THE LIABILITY OCCURRED OR ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED BY RELEVANT LAW.
(a) COMPULSORY ARBITRATION. You and TalkingCart agree to settle any current or future disputes relating to these Terms or our Services through final and binding arbitration. However, you maintain the right to opt out of these arbitration conditions, and any future modifications to these arbitration conditions, by completing this form within 30 days of agreeing to these arbitration conditions or the relevant modifications.
(b) Casual Dispute Resolution. We would prefer to comprehend and address your concerns prior to formal legal action. Before raising a claim against TalkingCart, you agree to attempt to settle the dispute informally by notifying us at dispute-resolution@TalkingCart.com of your name, a summary of the dispute, and the remedy you seek. If we fail to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be suspended during the 60-day resolution process. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
(c) Arbitration Forum. Either party can commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will equally share the arbitration fees. If the arbitrator determines that you cannot afford to pay the arbitration fees and cannot obtain a waiver, TalkingCart will pay them for you. TalkingCart will not seek its legal fees and costs in arbitration unless the arbitrator determines your claim is without merit.
(d) Arbitration Procedures. The arbitration will be conducted through telephone, based on written submissions, video conference, or in person in Delaware or at another mutually agreed location. The arbitration
(d) The Process of Arbitration. The conduct of the arbitration may be carried out over the phone, in writing, through a video conference, or in person in Delaware or another location mutually agreed upon. The arbitration will be overseen by a single arbitrator from ADR Services, following their current rules. All matters are for the arbitrator to decide, except for the extent, enforceability, and the validity of this Section 8, including the bulk filing procedures below, and whether you have complied with the pre-arbitration requirements in this section, which will be determined by a Deleware court. Until after the arbitrator has determined the final award, neither party shall disclose to the arbitrator the amount of any settlement offer.
(e) Exemptions. This arbitration clause does not mandate arbitration for the following claims: (i) individual claims brought in a small claims court; and (ii) claims seeking injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
(f) INDIVIDUAL DISPUTES ONLY. Disputes must be raised on an individual basis, and not as part of any class, consolidated, or representative proceedings. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted. If a dispute goes to court instead of arbitration, both parties knowingly and irrevocably waive their rights to a jury trial. This does not prevent either party from participating in a class-wide settlement of claims.
(g) Bulk Filings. If there are 30 or more similar arbitration demands made against TalkingCart or related parties by the same or coordinated counsel or entities (“Bulk Filing”), ADR Services will assign each of the Bulk Filings a sequential number at random. The first 10 numbered claims will be the “Initial Test Cases” and will go to arbitration first. Within 120 days of the initial pre-hearing conference, the arbitrators must render a final award for the Initial Test Cases, unless the claims are resolved earlier or the parties agree to extend the deadline. After the awards for the Initial Test Cases, the parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation. If the outstanding claims cannot be resolved in this time, the parties may opt out of the arbitration process and go to court, by providing written notice to the other party within 60 days after the Mediation Period. If not, the remaining cases will be arbitrated in the order they were assigned. Any statute of limitations will be paused from the time the Initial Test Cases are chosen until your case is chosen as described above.
(h) Partial Invalidity. If any part of this Section 8 is deemed unlawful or unenforceable, the rest will still remain in effect, unless a finding of partial unlawfulness or unenforceability would permit Bulk Filing or class or representative arbitration, in which case this Section 8 will be unenforceable in its entirety. Nothing in this section shall be considered to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.
(b) Use of Trademarks. You are not permitted to use TalkingCart’s or any of its affiliates’ names, logos,
or trademarks, without our prior written consent.
(c) U.S. Federal Agency Entities. The Services were created entirely with private funding and constitute commercial computer software and related documentation as defined by the relevant U.S. Federal Acquisition Regulation and agency supplements thereto.
(d) Complaints Regarding Copyright. If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We reserve the right to delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.
SKILLROYALE Inc 16192 Coastal Hwy Lewes, DE 19958
Written claims concerning copyright infringement must include the following information:
Your physical or electronic signature, if you are authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you believe has been infringed; The location of the material on the site that you believe is infringing; Your contact details, including your address, phone number, and email address; A statement from you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement from you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner. (e) Assignment and Delegation. You are not allowed to assign or delegate any rights or obligations under these Terms, including in the event of a change of control. Any attempted assignment and delegation will be considered null and void. We reserve the right to assign these Terms as part of a merger, acquisition, or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
(f) Amendments. We may revise these Terms from time to time by posting an updated version on the website, or if an update significantly impacts your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or by providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will take effect immediately. Your continued use of the Services after any change implies your acceptance of such changes.
(g) Notifications. All notices will be in writing. We may contact you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed delivered on the date of receipt if sent by email or on the date sent if delivered by courier. TalkingCart accepts service of process at this address: talkingcarts@gmail.com.
(h) Waiver and Partial Invalidity. If you fail to comply with these Terms and TalkingCart does not take immediate action, this does not imply that TalkingCart is relinquishing any of its rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and it will not affect the enforceability of the other provisions.
(i) Export Controls. The Services may not be used in, benefit, be exported, or re-exported to (a) any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of
Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You declare and guarantee that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.
(j) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause significant damage to TalkingCart and its affiliates, and TalkingCart shall have the right to seek injunctive relief against you in addition to any other legal remedies.
(k) Entire Agreement. These Terms and any policies incorporated in these Terms represent the entire agreement between you and TalkingCart regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and TalkingCart on that subject.
(l) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of Delaware, excluding Delaware's conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Delaware, USA.