Hello and welcome! These Terms of Service (“Terms”) are an agreement formed between you (“You”) and Digital SolveX. (“Company,” “Talk-i,” “we” or “us”) and cover the website available at https://talki.digitalsolvex.com (the “Website”), and the related platform operated on behalf of Digital SolveX, and together with any content, tools, features and functionality offered on or through our Website (the “Services”).
These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing and/or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Note: these Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration as explained below.
Your Registration Obligations- You may be required to submit a registration form to access and use certain features of the Services. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy.
Member Account, Password and Security- You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Digital SolveX of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Digital SolveX will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Site- Digital SolveX reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Digital SolveX will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
General Practices Regarding Use and Storage- You acknowledge that Digital SolveX may establish general practices and limits concerning use of the Services, including without limitation the maximum period that data or other content will be retained by the Services and the maximum storage space that will be allotted on Digital SolveX’s server on your behalf. You agree that Digital SolveX has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Digital SolveX reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Digital SolveX reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct- In addition to agreeing to comply with our Acceptable Use Policy (“AUP”), which is incorporated herein, you agree to comply with the following conditions in using the Services. You are solely responsible for all images, information, data, text, voice, sound, photographs, graphics, messages, or other materials (“Content”) that you speak/type/upload, post, publish or display (hereinafter, “Upload”) or email or otherwise transmit via the Services. Your use of the Services may also be subject to license and use restrictions set forth in the CreativeML Open RAIL-M License. The following are examples of the kind of Content and/or use that is illegal or prohibited by Talk-i. Digital SolveX reserves the right to investigate and take appropriate legal action against anyone who, in Digital SolveX’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Website or Services, suspending or terminating the account of such violators and reporting them to applicable law enforcement authorities.
You agree to not use the Website or Services to:
Speak/type/upload or transmit any Content that:
User Content Uploaded to the Site- With respect to the content or other materials you upload/Speak/text to or create using the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes, for example by license or legal exception or limitation. By creating or uploading any User Content you own or create using the Service, you retain all rights in it (to the extent you would otherwise hold such rights) and hereby grant and will grant Digital SolveX to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Digital SolveX-related purpose in any form, medium or technology now known or later developed.
Website or Services Content, Software and Trademarks- You acknowledge and agree that the Website or Services may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Website or Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by Digital SolveX from accessing the Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or Services, or the Site Content, other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Digital SolveX.
The Talk-i name, and logos are trademarks of Digital SolveX (collectively the “Digital SolveX Trademarks”). Other trademarks used and displayed via the Website or Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Digital SolveX. Nothing in these Terms or the Website or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Digital SolveX Trademarks without our prior written permission in each instance. All goodwill generated from the use of Digital SolveX Trademarks will ensure our exclusive benefit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Services (“Submissions”) provided by you Digital SolveX are non-confidential, and Digital SolveX will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment of or compensation to you.
Without limiting the foregoing, you acknowledge and agree that Digital SolveX may preserve content and may also disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Digital SolveX, its users and the public. You understand that the technical processing and transmission of the Website and Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Services may use third parties’ services for certain features incorporated as part of Talk-I services, Digital SolveX has no control over such sites, resources, or applications and Digital SolveX is not responsible for and does not have any control of data transmitted through that third party services. You further acknowledge and agree that Digital SolveX and Talk-i will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. With your usage of Talk-I services, you agree that Digital SolveX is not liable for any loss or claim that you may have against any such third party.
You expressly understand and agree that Digital SolveX will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Digital SolveX has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the Services or any related information; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party (including users) on the Services; or (iv) any other matter relating to the Services. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services.
You agree that Digital SolveX, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Website or Services, for any reason, including, without limitation, for lack of use or if Digital SolveX believes that you have violated or acted inconsistently with the letter or spirit of these Terms or Talk-I’s Acceptable Use Policy. Digital SolveX may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms or our AUP may be affected without prior notice and acknowledge and agree that Digital SolveX may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate Digital SolveX rights to your User Content. Further, you agree that Digital SolveX will not be liable to you or any third party for any termination of your access to the Services.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms.
If you have any questions about our Services, or to report any violations of these Terms or our Acceptable Use Policies, please contact us at [CONTACT FORM]