Terms of Use Talkzy - Make New Friends

Terms of Use | Talkzy – Make New Friends


Last updated on January 27 2022

These Terms of Use, together with the documents referenced herein (collectively the ‘Terms’) apply to the mobile application named Talkzy – Make New Friends herein (the ‘App’, ‘Talkzy’, ‘we’, ‘us’ and ‘our’). These Terms form a legally binding agreement between the registered user herein (‘you’ or ‘your’ or ‘User’) and Talkzy. Kindly read them carefully.

Talkzy offers services that aim to facilitate the chats between individuals across the globe for personal, entertainment and non-commercial purposes through e- communication networks through the downloadable Talkzy app (the ‘Services’).

1. Acceptance of Terms

By creating a profile (‘Profile’) and using the Services, you hereby acknowledge that you have read all the referenced documents (our Privacy Policy, Cookie Policy and Community Guidelines) and agree to be bound by these Terms. In case you do not agree with our Terms, kindly do not use the Services.

2. Eligibility & Criteria

The minimum age to create an account and use the Services is 13 years. If you are under 18, you may only use our Services with the prior consent of your parent or legal guardian. Kindly be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using our App. By using the Services, you represent, warrant, and agree that:

  • You can form a binding contract with Talkzy;
  • You are not a person who is barred from using the Services under the laws of India or any other applicable jurisdiction;
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
  • You will provide correct, accurate and authentic information that is not misleading and you’ll promptly update in case of any changes.
3. Registration & Login Credentials

By registering yourself on the App, you can gain access to the Services and become a user (‘User’) of Talkzy for free. It is hereby agreed by you to provide us with correct, complete and updated information for your account.

You may sign in using your email address or using your Google Account. You will only receive a signup email containing your username & password from (‘login credentials’) us. For more information regarding the kind of information we collect from you and how we use it, kindly read our Privacy Policy.

It is your sole responsibility for preserving the confidentiality of your usernames, logins and passwords. This includes all actions or statements made by an intermediary using your account, whether they are fraudulent or not. If you have reason to believe that someone is using your login credentials, kindly immediately send an email to Talkzy at talkzy@yahoo.com

4. Termination of Your Account

You may terminate your Talkzy account or the app anytime via your device settings. We retain the right to terminate or suspend your account at any time if you have not complied with or violated our Terms, Privacy Policy, Community Guidelines and/or law without prior notice.

Regardless of other provisions in these Terms, if you breach your obligations, we may permanently remove your account and ban you from using our Service. You will be notified of your account closure by email or when you try to access the Service.

5. Obligations of the Registered Users

In order to use the Service, you agree to comply with the Agreement and with applicable laws and regulations and to respect the rights of other users.

5.1. What You Agree To:

  • Use the Service while respecting its purpose, which is to allow individuals to chat for personal, entertainment and non-commercial purposes. You must not use this Service to sell any goods or services or distribute any promotional materials, or other commercial or business purposes.
  • Respect the intellectual property rights of the content circulated on the Service, as well as the content provided by other Users. Thus, you agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Talkzy’s prior written consent.
  • Ensure that you define the limits of your private life and that you do not communicate confidential, sensitive or financial information through the Service.
5.2. What You Will Not:

  •  Violate our Community Guidelines, as updated from time to time;
  • Insult other Users or post any statement or content that is defamatory, abusive, obscene, offensive, violent, political, racist, xenophobic, sexually explicit or pornographic. You will not post any statement or content that incites violence, contains nudity or is offending human dignity. In general, you will not post any statement or content contrary to the purpose of the Service or to applicable laws and regulations;
  • Use the Service for solicitation, prostitution or to create or offer a transactional relationship with other users;
  • Use the Service in such a way that disrupts or negatively affect the Service or the servers or networks connected to the Service;
  • Harm other users by installing computer viruses or other malware;
  • Share any misleading, harassing, threatening, defamatory or tormenting content;
  • Try to convince other users of your political or religious views. Excessive use of national or religious symbols won't be tolerated;
  • Impersonate other users or non-users to mislead or use another User’s account. You must post only those content that relates to your true identity;
  • Share any illegal content or content that may encourage any criminal activity or offence e.g. pictures or videos with weapons are not allowed;
  • Post content that infringes other people's intellectual property or portrait rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract  right. This means you cannot copy other people's materials or photos without their explicit permission;
  • Post, display or disseminate, in any form whatsoever, information/content incorporating illegal and/or immoral hyperlinks to third-party websites on the Service and are against in the purpose of the Service;

A breach of any of these rules of conduct constitutes a serious material breach of your contractual obligations under these Terms and Conditions. Talkzy reserves the right to investigate and/or terminate your account if you have violated, misused or behaved inappropriate or unlawful, including actions or communications that occur on or off the Service without prior notice. More information on how we process your personal data can be read in our Privacy Policy.

YOU AGREE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS TALKZY AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES. THIS INCLUDES ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE, INFORMATION AND/OR OTHER MATERIAL SHARED ON THE SERVICE BY YOU AND/OR ARISING FROM OR DUE TO ANY BREACH OF THE AGREEMENT.

6. Your Safety & Security

The Talkzy is a place where you can talk to new people around the world in your own language. To maintain a safe and friendly environment, the users acknowledge and accept that content they provide, including behaviour or comments made through the Service, maye be reported by other users and may be subject to acts of moderation and/or control by Talkzy on the basis of specific assessment criteria.

If you see content or experience behaviour on the Service that violates this Agreement, kindly report it to us in a timely manner by clicking the 'Report' button. If Talkzy considers your complaint to be justified, such offending content will be removed as soon as possible.

You agree to take reasonable precautions when you interact with other Users, particularly if you decide to communicate off the Service or meet in person. Kindly review and follow our Community Guidelines before you start using the Service. If you post and/or disclose toother Users any confidential or sensitive information (e.g. surname, postal address, email, telephone number…), then you do so entirely at your own risk.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU NDERSTAND THAT TALKZY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRES INTO THE BACKGROUND OF ITS USERS. TALKZY MAKES REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. THEREFORE TALKZY EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE THAT COULD TAKE PLACE BETWEEN USERS DURING ONLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE OR IF YOU MEET IN PERSON.

7. Notifications and Service Messages

By creating a Profile, you consent to Talkzy providing you with important notices about your account or services associated with the Service. These notices can be shared directly on the Service, via app notifications or with a banner notice across its pages, or through other means associated with your account, like email or phone.

The contact information you provide must be accurate or you may not receive these notices. Kindly review your Settings to control what kind of messages you receive from Talkzy. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information and notifications.

8. Disclaimers

8.1. TALKZY PROVIDES THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE’ BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALKZY GRANTS NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR ALL CONTENT CONTAINED THEREIN. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. TALKZY DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

In particular and without limitation:

  • Even though we make all reasonable efforts to ensure that the Service is operational and free from errors, the nature of the Internet in general and software, precisely do not allow providing a continuous and error-free operation. Talkzy is not responsible for any lack of functionality, access or poor conditions of use of the Service due to unsuitable equipment, to internal functionality failures of the User’s equipment, to overload of the Internet network, to force majeure or to all other reasons external to the App.
  •  The operation of the Service may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, we will notify our Users before any maintenance operations or updates that may materially impact the Service.

8.2. TALKZY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. TALKZY CANNOT BE HELD LIABLE FOR THE ACCURACY OR INACCURACY OF THE INFORMATION AND CONTENT PROVIDED BY OTHER USERS, AND/OR THE USER HIMSELF, NOR THE CONSEQUENCES FROM THE USE OF THIS INFORMATION AND CONTENT. SIMILARLY, TALKZY CANNOT BE HELD LIABLE FOR ANY CONTENT CIRCULATED BY A USER THAT MAY POTENTIALLY INFRINGE THE RIGHTS OF OTHER USERS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TALKZY, ITS EMPLOYEES OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TALKZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

10. Third-Party Services

Talkzy is only liable for the Service and does not exercise any control over third-party websites and external resources (third-party websites, mobile applications or social networks, etc.) to which the hyperlinks accessible on the Service may redirect. If you choose to interact with third parties made available through our Service, such party’s terms will govern your relationship with them. We are not responsible or liable for such third parties’ terms or actions.

11. Intellectual Property Rights

11.1. Content Disseminated on the Service

This Agreement does not grant Users any rights, implied or otherwise, to the content disseminated on the Service. All trademarks, logos, graphics, software, photographs, animations, videos, text appearing on the Service are the exclusive intellectual property of Talkzy as may be applicable, and may not be reproduced, used, published, distributed, sold or displayed without the express prior written permission of Talkzy, subject to legal action.

The rights of use granted to the User are limited to private and personal use as part of and for the duration of their accounts being active. Any other use by the User is prohibited. The User is prohibited from, among other actions, modifying, copying, creating a derivative work, disassembling or otherwise attempting to extract the source code composing the Service, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Service or computer codes of the elements composing the Service, in any way whatsoever, subject to legal action.

11.2 Content Disseminated by the User

You warrant and represent that the information posted in your Profile is posted by you and that you are the sole author of your Profile.

When you post, upload, display or enter data that is meant to be viewable to the other Users, including but not limited to text, photos, images, drawings or graphics for a profile, videos, etc., you grant to Talkzy a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, disseminate, display, reproduce, adapt, process, translate, modify the content provided by you, fully or in part, to operate, develop, provide, and improve the Service or develop new ones. These rights are granted for the duration of the Agreement between you and Talkzy and are subject to your rights under applicable law.

12. Dispute Resolution & Governing Law

If you are dissatisfied with our Services for any reason, kindly contact Talkzy at talkzy@yahoo.com first so that we can try to resolve your concerns/issues at our end without the need for outside assistance.

These Terms of Use and Privacy Policy shall be governed in all respects by the laws of India and you agree to submit to the exclusive jurisdiction of the courts in Agra, Uttar Pradesh.

13. Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, kindly provide us talkzy@yahoo.com with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • Your contact information, including address, telephone number and email address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

14. Personal Data

Your personal data is processed in accordance with our Privacy Policy. We strongly recommend that you read our Privacy Policy and Cookie Policy to understand how we process your personal data, what your rights are and how to exercise them.

15. Changes to the Service and to the Terms of Use

We may update the content and/or features of the Service at any moment in order to improve the quality of the Service. We may also modify our Terms at any moment. The most recent version will be posted on the Service, and you should regularly check for the same.

Modified versions will take effect thirty (30) days after being published on the Service, and your continued use of the Service after the changes become effective shall indicate your acceptance of the new version.

In case you come across suspicious activity, immediately notify us at talkzy@yahoo.com.