Terms & Conditions

We, TALKISAM PRIVATE LIMITED, are the creators, owners, and publishers of the ‘TALKIYO’ application and website, which include reference to as ‘We’ or ‘TALKIYO’, and this includes directors, employees, subsidiaries, and affiliates of ‘TALKIYO’’.

‘TALKIYO’ is predominantly engaged in providing a service that supports the ‘User’ by way of confidential communications, ensuring the wellbeing of ‘Users’ by providing expert guidance, engaging empathetic listening, and flexible communications as desired by the ‘User’.

‘TALKIYO’ provides services through its Online Platform, which may be modified, deleted, or updated (temporarily or permanently) from time to time as deemed necessary for providing a smooth experience for the ‘Users’.

DEFINITIONS

• ‘Account’ refers to the personal account created and maintained by the User for availing the Services of ‘TALKIYO’.
• ‘Application’ means the mobile application of ‘TALKIYO’ available for download and installation to the ‘Users’ on Google Play Store or Apple App Store.
• ‘Content’ means and includes any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on or as a part of the Services.
• ‘Online Platform’ or ‘Platform’ means the website www.talkiyo.in
• ‘Services’ include voice calls, sessions, and empathetic listening to the ‘Users’ and the various policies incorporated in terms of use that govern ‘User’ access to and use of the Online Platform/Application along with the services provided by ‘TALKIYO’ including SMS, APIs, email notifications, ads, commerce services, Content, and other covered services.
• ‘Supporter’ refers to the person/persons engaged in communication with the ‘Users’ of ‘TALKIYO’.
• ‘User’, ‘Users’, or ‘You’ shall refer to the persons providing required personal information and, by way of subscription/recurring payment, avail the service provided by ‘TALKIYO’.

TERMS AND CONDITIONS

• Your access to the Services of the Platform/ Application is subject to your agreement to be bound by all the Terms set forth herein, and these Terms constitute an agreement between TALKIYO and You in connection with your use of the Online Platform, as defined below. If You have any questions regarding Services, You can email at support@talkiyo.in 
• We may, if required, change, modify, add or remove portions of these Terms, at any time, and You may review these Terms periodically for updates / changes. Your continued use of the Platform following the changes confirms Your acceptance and agreement to such changes, and You can engage in availing access and use the services.
• You understand that Listeners are individuals associating with ‘TALKIYO’ to fulfill the Services of ‘TALKIYO’, and that ‘TALKIYO’ shall not be responsible for the conduct, behavior, or any declarations made by the Listeners during his/her communication with You while availing the Services, and any such incidents may be reported to ‘TALKIYO’.
• You further understand, agree, and affirm that the services of ‘TALKIYO’ shall not include providing any medical assistance or professional service to its Users, and such needs, if required, are to be satisfied by approaching concerned certified Government agencies or departments.
• You understand that the Terms of this agreement are governed by and comply with the provisions of applicable Indian law, which includes The Indian Contract Act, 1872, The (Indian) Information Technology Act, 2000, Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009, The rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and the orders, rules, regulations, guidelines, notifications, and clarifications issued by any legislative, regulatory, or governmental authority at central, state, or local level.
• You agree and understand that these Terms allow ‘TALKIYO’ to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes to provide You with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to Your use of the Platform/ Application/ the Services.
• You agree and affirm that You are 18 years of age or older and that you have the legal right, authority, and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms. You must not create a Customer account unless you are at least 18 years of age.
• You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only, and You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.
• You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing, etc. You represent and warrant that you will not breach the security of the Platform or its Application software hosted by or on behalf of ‘TALKIYO’ used to deliver the Services or attempt to gain unauthorized access to or interfere with any other person’s use of the Services.
• You agree and affirm that You shall not use this platform for engaging in any activity which shall be in contradiction to the interest of the security of the nation, including any terrorist activities. Furthermore, that You shall not engage in interfering or forming associations with any Supporters that you may interact with while availing the Services, and also shall not engage in any communication/conversation obscene in nature.

PROCEDUE FOR REGISTRATION

• Your registration is required to fully avail the Services of the Platform/Application. You are required to create a profile for Yourself by providing the following accurate information, which includes, inter alia, Name, Phone No, and Email ID. Users who register with TALKIYO can purchase the listed products/packages and avail the Services. TALKIYO offers the Users an option of signing up through other third-party social networking sites, including but not limited to WhatsApp, etc. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name, and gender, and all such information is stored in the system of TALKIYO.
• Information collected about you is subject to our Privacy Policy, and at any time during Your use of this Platform/Application, You may ensure that the confidentiality of Your username and password is protected. Any activity under the account shall be deemed to have been done by You.
• You hereby agree and consent to receiving calls, autodialed and/or pre-recorded message calls, e-mails, and SMSs from TALKIYO and/or any of its affiliates or partners at any time, subject to the Policy using this Platform by providing your contact information to us through the Platform. If you wish to stop receiving any such marketing or promotional calls/email messages/text messages, you may send an e-mail to the effect to support@talkiyo.in , and we shall give effect to such a request by You within 7 days.

RIGHT TO LIMITED USE

• The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Platform is not permitted.
• You acknowledge and agree that You have read and understood the Terms, that the provisions, disclosures, and disclaimers set forth in the Terms are fair and reasonable, that Your agreement to follow and be bound by these terms and conditions is voluntary and that Your written approval is not a prerequisite to the validity or enforceability of the Terms.

TERMINATION

• Termination by User: You have the option to terminate this Agreement at any time by deleting your Account and discontinuing all usage of the Platform. This action will not automatically delete Your Account. You can drop an email to support@talkiyo.in with the subject “Delete Account” to delete your account, and such action will result in the automatic deletion of all User Content associated with it. If You wish to remove specific User Content that you have uploaded to the Platform, you can use the User Content deletion features within the Platform. Deleting User Content will not delete Your Account or terminate this Agreement. This Agreement, including any posted revisions, will remain in full effect as long as you use the Platform, with certain provisions continuing to apply even after termination.
• Termination by ‘TALKIYO’: ‘TALKIYO’ reserves the right to disable or terminate Your user account, remove or disable any content you upload or share, at any time if You fail to comply with any of the provisions of these Terms, or if activities on your account are deemed by TALKIYO, in its sole discretion, to potentially cause harm to or impair the Services, infringe upon or violate third-party rights, or contravene any applicable laws or regulations. Following such termination or suspension, you are prohibited from accessing or using the Platform, and You also agree not to attempt re-registration under a different member name or by any other means. In such cases, refund of amount or coins will also be under discussion.
• Termination of this Agreement, your account, or your access to or use of the Platform may entail the removal of access and the prevention of further use of the Platform. Termination also includes the disassociation of your username, password, and all associated information, files, and user content within your account. On termination, all your profile content and other information may be deleted. Nonetheless, certain details are retained by us for archival and legal purposes. Regardless of termination, content liability remains with the User at all times. Upon termination, your right to use the Platform, including mobile software, will cease automatically. TALKIYO assumes no liability to you for any suspension or termination, including the deletion of your user content. TALKIYO will retain and utilize content/data for as long as required and/or permissible under local laws. All provisions of this Agreement that, by their nature, should survive, will indeed survive termination, including but not limited to warranty disclaimers, governing law, and limitations of liability.

CANCELLATION AND REFUND POLICY

• Cancellation Requests: Users can request a cancellation of the service by contacting our customer support team of TALKIYO within a specified timeframe.
• Cancellation Timeframe: Users must cancel the service at least 3 hours before the scheduled start time to avoid any cancellation fees. Cancellations made beyond the specified timeframe may be subject to a cancellation fee.
• Cancellation Fees: Cancellation fees may vary depending on the reason for cancellation. The approximate cancellation fee amount will be communicated to the User at the time of booking or upon cancellation request.
• Refunds: If a cancellation request is eligible for a refund, the refund process will be initiated promptly. Refunds, if applicable, will be issued using the original payment method.
• Users may be eligible for a refund of their service fees under the following circumstances:

• Technical Failure: If there is any known technical failure from our end or any technical failure from your end which did not enable you to stay connected to us beyond a few minutes. Such technical fault has to be communicated to our employee/listener whom you are interacting with or an email be sent with the necessary information immediately.
• Non-Delivery: If the service is not delivered within the promised timeframe or is not provided at all.

• To initiate the refund process, Users must contact the customer support of TALKIYO and convey relevant details, such as the reason for the refund, the service details, and any supporting documentation.
• TALKIYO will review the request and assess its eligibility once the refund request is received, and the evaluation period may vary depending on the complexity of the service and the internal procedures of TALKIYO.
• TALKIYO will determine whether a refund is applicable after evaluating the refund request, and if the refund is approved, TALKIYO will notify the user and initiate the refund process.
• The refund will typically be issued through the same payment method used for the original transaction unless otherwise specified by the user by way of written request or if technical limitations exist. The time it takes for the refunded amount to be credited may vary depending on the payment processor and financial institution. In case of any change in payment method, we will not be responsible for any non-receipt of the refund amount.
• The refund timeline will be within 7 working days.

REVIEWS, FEEDBACK, AND DATA RETENTION

• You may be invited by TALKIYO to submit feedback, ratings, suggestions, comments, opinions, or reviews on the Platform. It is up to your discretion to submit the same.
• You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions, or reviews relating to Products purchased by you. You agree not to post or publish any content on the Online Platform that amounts to:

• An infringement of any Company or third-party intellectual property or privacy rights.
• A violation of applicable laws or regulations, including but not limited to the relevant rules under the Information Technology Act, 2000.
• Defamation

• TALKIYO may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinions, comments, and feedback in accordance with these Terms. You agree to be contacted by TALKIYO via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products purchased, dispute resolution, complaint resolution, or any further information. The information or content provided by You may be used by TALKIYO for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis
• TALKIYO is deemed to be a mere “intermediary” as defined under the applicable laws with respect to the publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing Your information and content. TALKIYO is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by You on the Platform.
• TALKIYO may retain such information and content provided by you on the Platform for as long as necessary, depending on the type of information, purpose, means, and modes of usage of such information; and according to the Sensitive Personal Information Rules.
• We have no obligation to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

LIMITATION OF LIABILITY

You may read this carefully as it limits the liability of TALKIYO and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the TALKIYO) each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

• Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• Without prejudice to the foregoing, We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty or representation not expressly made herein.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
• IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TALKIYO EXCEED THE AMOUNT YOU PAID TO US, FOR THE SERVICES GIVING RISE TO THE CLAIM.
• THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

DISCLAIMER

• TALKIYO hereby explicitly disclaims any responsibility for any form of payment, whether made directly or indirectly to any of its employees or listeners during the course of a session. This includes payments that may have been solicited or offered by you, the user. It is essential to understand that TALKIYO’s billing system is solely based on charging users for the time spent during sessions, with charges being deducted from the wallet maintained in the user’s account.
• We want to make it unequivocally clear that TALKIYO strictly prohibits and discourages any exchange of personal information between users and our employees or listeners. This encompasses sensitive data such as phone numbers, addresses, bank details, or any other personal information, whether it was voluntarily shared by you during the usage of our services or otherwise. We prioritize the privacy and security of our users and their information.
• TALKIYO assures users that our listeners do not have access to any personal information provided by you within the app. Therefore, any information that a listener may come across during or after a session will be assumed to have been willingly shared by you. We maintain stringent data protection protocols to safeguard the privacy and confidentiality of our users.
• Our services are designed exclusively to provide a platform for interactive sessions. TALKIYO vehemently discourages any attempt by Listeners to establish or extend personal relationships beyond the confines of the sessions. Any intention or activity by Listeners or Users that falls outside the scope of these services is entirely beyond the purview and responsibility of TALKIYO.
• TALKIYO has implemented several additional protective measures in its commitment to User safety and privacy. We neither endorse nor recommend any specific Listener for personal interactions beyond our Services. Users are encouraged to utilize privacy settings within the app to control the dissemination of their personal information. Should Users encounter any form of inappropriate behavior or solicitation from Listeners, we urge them to report such incidents immediately to our customer support team. Moreover, Users are reminded of their own responsibility to exercise caution and discretion when using our services and sharing personal information.
• TALKIYO operates in strict compliance with all applicable laws and regulations governing data protection and privacy. Any violation of these laws by users, employees, or listeners will be reported to the relevant authorities, and appropriate legal action will be taken.

INDEMNIFICATION

• You agree to indemnify and hold harmless TALKIYO and its officers, directors, employees, and agents from any charges, complaints, damages, losses, liabilities, costs, and expenses (including attorneys’ fees and expert fees) due to, arising out of, or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, or your access or use of the Services and the Platform.

FORCE MAJEURE

• TALKIYO will not be responsible for a breach of the Terms, damages, losses, costs, or expenses caused by any failure or delay in the performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes, or another event outside the reasonable control of TALKIYO.

SEVERABILITY

• In the event any provision of these Terms becomes void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provision shall be severed, with the remainder of the provisions continuing in full force and effect.

GOVERNING LAW AND JURISDICTION

• For the purposes of the Terms:

• (a) the term “Dispute” will mean any dispute, difference, or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability, or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between Talkiyo and you
• (b) the term “Talkiyo Group” will mean Talkiyo, its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by the Company
• (c) the term “User Group” will mean you and those in privity with you, your representatives, affiliates, and family members.

• These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of Ernakulam, Kerala, India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.
• Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after the commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in Ernakulam, Kerala, India, and the language of the proceedings shall be English and Malayalam.
• The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under these Terms.