Terms of Service

Latest update date: August 15, 2023

Welcome to use the services provided by Talkit AI (hereinafter referred to as "we", "our" or "Talkit AI").

The following Terms of Service ("Terms") constitute a legally binding agreement between you and Beijing Yunji Intelligent Technology Co., Ltd., defining the conditions for your access and use of our website (Talkit.dev) and related services (collectively referred to as "Services").

By accessing or using our services, you agree to be bound by these terms. If you do not agree to any part of these terms, you may not access or use our services.

1. Account Registration and Usage

1.1 Account Creation

In order to use some of our services, you may need to create an account. You agree to provide accurate, complete and up-to-date information, and update this information as necessary. You are responsible for maintaining the confidentiality of your account credentials, and you agree to be responsible for all activities that occur under your account.

1.2 Account Requirements

To use our services, you must:

  • Full year16Of legal age or reached the age of consent in your country/region
  • Capable of signing legally binding contracts
  • Not prohibited from using our services

1.3 Account Security

You have the responsibility to maintain the security of your account, including but not limited to protecting your password and other login information. If you find or suspect any unauthorized usage of your account, please notify us immediately. We are not responsible for any loss or damage resulting from your failure to protect your account credentials.

2. Service Usage

2.1 Permission

Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services. This license is for your personal, non-commercial use unless explicitly stated otherwise.

2.2 Usage Limitations

When using our services, you must not:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in any illegal, fraudulent, harassing, privacy-invading, or intellectual property infringing activity using the service.
  • Attempt to disrupt any part of the service, or bypass our security or access control measures.
  • Send spam, malware, or other harmful content
  • Using our API or other services in an unreasonable manner or beyond the expected use range described in the documentation.
  • Scraping, crawling, or otherwise bulk collecting information from our services

2.3 Amendment and Termination

We reserve the right to modify, suspend, or terminate our services (or parts of them) at any time, without further notice. We may also limit certain features and services, restrict access to all or some parts of the services, or completely terminate your access, with or without prior notice. If we terminate your access, you must stop using our services, and the relevant terms of these terms will continue to apply.

3. User content

3.1 Your content

Our services allow you to submit, store, send, or receive content. You retain any intellectual property rights that you already have in any content that you submit, upload, transmit, or display through our services.

3.2 Use License

When you upload, submit, store, send or receive content to or through our services, you grant Talkit AI (and our partners) a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly display and perform, and distribute such content. The grant of these rights is limited to the operation, promotion, and improvement of our services, and the development of new services.

3.3 Content Responsibility

You are fully responsible for all content you upload or transmit through the service. You agree not to submit the following content:

  • Infringe any third party's intellectual property or other rights.
  • Violate any law or regulation
  • Harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or other offensive content.
  • Contains viruses, malicious code, or other harmful contents aimed at damaging our system or data.

3.4 Content Review

We reserve the right but are not obligated to review, filter, or monitor the content submitted by you or other users. We have the authority to refuse, modify or remove any content that we deem violates these terms or other applicable policies at our sole discretion.

4. Intellectual Property

4.1 Our intellectual property

Our services and all content, features, and functionalities included therein (including, but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are the property of us, our licensors, or other content providers, and are protected by Chinese and international laws of copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.

4.2 Content generated by the service

The intellectual property rights of the content generated by using our services (such as code, design, etc.) will depend on the service plan you choose. Content generated under the free and basic plans may contain our watermark, and its use may be subject to certain restrictions. Advanced and business plan users can gain more extensive rights to the generated content. Please refer to the details of your specific subscription plan to understand the specific intellectual property arrangements.

4.3 Feedback

If you provide us with any suggestions, ideas, feedback, or recommendations for improvement ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable right to use, modify, create derivative works, distribute, and otherwise commercially exploit these feedback without any payment to you.

5. Payment Terms

5.1 Subscription and Fees

We offer multiple service plans, including free and paid options. The specific costs and payment terms of the paid services will be displayed when you register or upgrade, or provided on our website. Unless otherwise stated, all fees are priced in RMB and do not include applicable taxes.

5.2 Automatic renewal

For subscription plans, your subscription will automatically renew unless you cancel before the end of the current subscription period. By purchasing a subscription, you authorize us to charge you the applicable subscription fee at the start of each subscription period using the payment method you provided.

5.3 Refund Policy

Unless otherwise required by applicable law, all payments are final and non-refundable. If you believe we have charged you in error, please contact us within 30 days of the charge.

5.4 Price change

We may occasionally change our subscription plans or adjust pricing. Any price changes will take effect after your current subscription period ends, at the next billing cycle, and we will notify you in advance of such changes.

6. Disclaimer and Liability Limitation

6.1 The service is provided "as is".

Our services are provided "as is" and "as available", without any kind of explicit or implicit warranty. We do not guarantee that the services will be uninterrupted, secure, error-free, or that the service will meet your specific requirements.

6.2 Generated Content Disclaimer

Talkit AIThe AI-generated content provided (including but not limited to code, design, and text) is provided "as is", with no warranties of any kind regarding its appropriateness, accuracy, completeness, or non-infringement for specific purposes. Users should validate and test the generated content themselves and are responsible for its use.

6.3 Liability Limitation

To the maximum extent permitted by applicable law, Talkit AI and its managers, directors, employees, and agents are not responsible for any indirect, incidental, special, consequential or punitive damage under any circumstances, including but not limited to loss of profits, loss of data, business interruption, or any other commercial damage or loss, whether these damages are based on tort, contract, strict liability or other legal theories.

6.4 Liability cap

In any circumstances, our total liability to you should not exceed the higher of the amount you paid to us for accessing or using the service in the 12 months prior to the event, or 1,000 yuan.

7. Compensation

You agree to indemnify, defend, and hold harmless Talkit AI and its managers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal fees and costs, arising out of or in any way connected with: i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your infringement of any third party's intellectual property or other rights; or (iv) your User Content.

8. Dispute resolution

If a dispute arises between you and us, we hope to first try to resolve it through friendly negotiation. If the negotiation is unsuccessful, you agree to the following dispute resolution procedure:

  1. Applicable law: This clause is subject to the laws of the People's Republic of China, without regard to the principles of legal conflicts.
  2. Jurisdiction: Any dispute or claim related to these terms should be submitted to the court with jurisdiction in Beijing for resolution.
  3. Time Limit: You agree that any claims or causes of action arising out of or related to the use of our services must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action will be permanently barred.

9. Terms change

We may modify these terms of service from time to time to reflect changes in laws, regulations, service features, or business practices. If we make significant changes, we will notify you in advance, by posting notices on our website, sending emails, or through notifications within the service interface. Continuing to use our services after changes take effect implies that you accept the updated terms. If you do not agree with any modifications, you should stop using our services.

10. General Terms

10.1 Complete Agreement

These terms constitute the entire agreement between you and Talkit AI regarding our services, and supersede all previous or concurrent written or oral understandings and agreements.

10.2 Divisibility

If any provision of this term is deemed invalid, unlawful or unenforceable, such provision shall be deemed severable from this term, without affecting the validity and enforceability of the remaining provisions.

10.3 Abstain

Our failure to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision.

10.4 Transfer

Without our prior written consent, you may not assign or delegate the rights or obligations under these terms. We may freely assign these terms.

10.5 Contact Information

If you have any questions or suggestions about these terms, please contact us through the following methods:

Beijing Palm Gathering Technology Development Co., Ltd.

Address: Room 2701, T1C Building, Wangjing SOHO, Chaoyang District, Beijing

Email:service@kiwisec.com

Phone:4008823895