iTalkYou Terms and Conditions
iTalkYou Terms of Service
WE DO NOT PROVIDE ACCESS TO EMERGENCY SERVICES: There are important differences between iTalkYou and SMS, mobile telephone, and land line services. Our Services do not provide access to emergency services or providers of emergency services, such as police, firefighters or hospitals, nor do they connect with public safety response points. You should make sure that you are able to contact your corresponding emergency services providers via a mobile or land line telephone or other service.
IF YOU ARE AN ITALKYOU USER IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN AN OBLIGATORY ARBITRATION CLAUSE WHICH STIPULATES THAT, EXCEPT IN THE CASE OF VOLUNTARY EXCLUSION OR CERTAIN TYPES OF CONFLICTS, YOU AND ITALKYOU AGREE TO RESOLVE ALL CONFLICTS VIA OBLIGATORY INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO PRESENT SAID CONFLICTS IN FRONT OF A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, COLLECTIVE ARBITRATION, OR REPRESENTATIVE LAWSUITS. PLEASE READ THE SECTION ENTITLED “SPECIAL ARBITRATION CLAUSE FOR USERS IN THE UNITED STATES AND CANADA” BELOW FOR MORE INFORMATION.
About our services
Registration. You must register to use our Services with correct information, provide your current telephone number and/or email and, if you change it, update it via the function “cellular number” in the Profile section on the Website or in the corresponding section of the Profile menu in the mobile application. You agree to receive text messages and telephone calls (from us or external providers) with codes to register to use our services.
Address Book. You regularly provide us with the phone numbers of iTalkYou users and other contacts that you have in your mobile phone address book. You confirm that you are authorized to provide us with those numbers to allow us to provide our services.
Age. You must be at least 15 years of age to be able to use our Services (or the minimum age required in your country to receive authorization to use our Services without parental permission). In addition to being old enough to use our Services according to the applicable laws, if you are not old enough to accept our terms and conditions in your country, a parent or guardian must accept our Terms on your behalf.
Devices and software. You must provide certain devices, software, and data connections that we do not provide in order to use our Services. During the entire time that you use our Services, you agree to download and install updates to our Services, including automatically.
Taxes and fees. You are responsible for the costs of your mobile provider’s data plan (in the case that your telephone or device uses one), as well as for all other taxes and fees associated with the use of our Services. We may charge you for our services, including for all corresponding taxes. We reserve the right to refuse or cancel orders. We do not provide reimbursement for our Services, unless required by law.
Privacy and user data policy
Acceptable use of our services
Our Terms and Policies. You must use our Services in compliance with our published Terms and policies. If we deactivate your account due to a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized and acceptable purposes. You will not use (or help others to use) our services in ways that (a) violate, misappropriate, or infringe upon the rights of iTalkYou, our users or others, including privacy, publicity, intellectual property copyrights or other property rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, aggressive, ethnically or racially offensive or that promote or encourage illegal conduct or are in any other way inappropriate, including the promotion of violent acts; (c) involve the publication of falsehoods, erroneous declarations or deceitful affirmations; (d) that impersonate another individual; (e) that involve sending illegal or prohibited communications, such as mass messaging, automatic messaging, automated dialing, or similar methods; or (f) that imply any other non-personal use of our services unless we authorize otherwise.
Damage to iTalkYou or our users. You must not (nor help others to) access, use, copy, adapt, modify, prepare works that are derivative of our Services, nor distribute, license, sublicense, transfer, display, execute, or exploit in any other way our Services in unauthorized or prohibited ways, or in ways that affect, damage, or compromise us, our Services, our systems, our users or other persons. You must also not, directly or via automated means: (a) apply reverse engineering, alter, modify, create derivative works, decompile or extract code from our Services; (b) send, store, or transmit a virus or other damaging computer code through or on our Services; (c) obtain or attempt to obtain unauthorized access to our Services or systems; (d) interrupt or interfere with the integrity or performance of our Services; (e) create accounts for our Services through automated or unauthorized means; (f) compile information about our users in any prohibited or unauthorized way; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make available our Services in a network where they could be used on multiple devices at the same time.
Keep your account secure. You are responsible for keeping your device and your iTalkYou account secure, and you should notify us immediately of any unauthorized use or security failure in your account or our Services.
Our Services can allow you to access, use, or interact with websites, applications, content, and other third-party products and services. For example, you can choose to use data backup services from third parties (such as iCloud or Google Drive) that are integrated with our Services or that interact with a button to share content on a third-party website that allows you to send information to your iTalkYou contacts. Keep in mind that when you use third-party services, their terms and privacy policies will govern the use of said services.
Your rights. iTalkYou does not claim rights to the information that you send for your iTalkYou account or via our Services. You must have the necessary rights to said information that you send for your iTalkYou account or via our Services, as well as the right to transfer or cede the rights and licenses in our Terms.
iTalkYou Rights. We are owners of all copyright, commercial brands, domains, logos, commercial images, commercial secrets, patents and other intellectual property rights associated with our Services. You may not use our copyright, commercial brands, domains, logos, commercial images, patents and other intellectual property rights.
iTalkYou’s license to you. We grant you a limited, revocable, nonexclusive license, that may not be sublicensed nor transferred, to use our Services, subject to and according to our Terms. This license is granted for the sole purpose of allowing you to use our Services, in the manner stipulated in our Terms. You will not be granted licenses or rights implicitly nor in any other form, except for the licenses and rights expressly granted to you. The scope of this license may vary according to the purchase of plans and/or extra services, which are described in the details of said plans and/or services
Reports of violations by third parties of copyright, commercial brands, and other intellectual property rights
To report complaints of violations by third parties of copyright, commercial brands, or other intellectual property rights, visit our [[Intellectual Property Policy]]. We may cancel your iTalkYou account if you repeatedly infringe upon the intellectual property rights of other people.
YOU DECIDE TO USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES “AS-IS” AND WITHOUT ANY KIND OF EXPLICIT OR IMPLICIT GUARANTEE WHICH INCLUDES, AMONG OTHERS, GUARANTEES OF MARKETABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, NON-INFRACTION AND ABSENCE OF ANY COMPUTER VIRUS OR OTHER TYPE OF HARMFUL CODE. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED BY US BE PRECISE, COMPLETE OR USEFUL, THAT OUR SERVICES BE OPERATIVE, BE FREE FROM ERRORS, PROTECTED OR SECURE, OR THAT OUR SERVICES FUNCTION WITHOUT INTERRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND WE ARE NOT RESPONSIBLE FOR CONTROLLING HOW AND WHEN OUR USERS USE OUR SERVICES OR THE FUNCTIONS, SERVICES AND INTERFACES THAT OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE NOR ARE WE OBLIGATED TO CONTROL THE ACTIONS NOR THE INFORMATION (INCLUDING THE CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, MANAGERS, EMPLOYEES, PARTNERS, AND AGENTS (JOINTLY, THE “PARTS OF iTALKYOU”) FROM ANY COMPLAINT, LAWSUIT, CONTROVERSY, OR CONFLICT (JOINTLY, “COMPLAINT”) AND DAMAGES, KNOWN OR UNKNOWN, RELATED, DERIVED FROM OR CONNECTED IN SOME WAY WITH ANY COMPLAINT THAT YOU HAVE AGAINST ANY THIRD PARTY. YOU WAIVE ANY RIGHT YOU MAY HAVE UNDER ARTICLE 1542 OF THE CALIFORNIA CIVIL CODE OR ANY OTHER APPLICABLE SIMILAR REGULATION OR LAW FROM ANY OTHER JURISDICTION, WHICH INDICATES THAT: A GENERAL WAIVER DOES NOT INCLUDE DEMANDS THAT THE CREDITOR DOES NOT KNOW OR DOES NOT SUSPECT EXIST IN ITS FAVOR AT THE MOMENT OF THE EXECUTION OF THE WAIVER, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER AGREEMENT WITH THE DEBTOR.
Limitation of responsibility
THE PARTS OF ITALKYOU SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF EARNINGS NOR ANY OTHER RESULTING, SPECIAL, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES RELATED, DERIVED FROM OR CONNECTED IN ANY WAY WITH THESE TERMS, US OR OUR SERVICES, INCLUDING IN THE EVENT THAT THE PARTS OF ITALKYOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SAID DAMAGES. OUR JOINT RESPONSIBILITY RELATED, DERIVED FROM OR CONNECTED IN ANY WAY TO OUR TERMS, US OR OUR SERVICES SHALL NOT EXCEED THE VALUE OF ONE HUNDRED DOLLARS (100 USD) OR THE QUANTITY THAT YOU HAVE PAID US IN THE LAST TWELVE MONTHS, WHICHEVER IS GREATER. THE AFOREMENTIONED DISCLAIMER OF RESPONSIBILITY FOR CERTAIN DAMAGES AND THE LIMITATION OF RESPONSIBILITY SHALL BE APPLIED TO THE MAXIMUM EXTENT ALLOWED BY LAW. IT IS POSSIBLE THAT THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND, THEREFORE, IT IS POSSIBLE THAT SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED ABOVE DO NOT APPLY IN YOUR CASE. WITHOUT PREJUDICE TO ANY DISPOSITION THAT ESTABLISHES THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE RESPONSIBILITY OF THE PARTS OF ITALKYOU SHALL BE LIMITED TO THE MAXIMUM SCOPE ALLOWED BY THE CORRESPONDING APPLICABLE LAW.
You agree to defend, indemnify, and release from all responsibility the Parts of iTalkYou from all obligation, harm, loss and expense of any kind (including reasonable lawyers’ costs and fees) related, derived from, or connected in any way to any of the following points: (a) your access to our Services or your use of them, including the information provided in relation to these; (b) your failure to comply or supposed failure to comply with our Terms; or (c) any erroneous declaration on your part. You will cooperate to the extent we require, to defend or resolve any Complaint.
Forum and jurisdiction. If you are an iTalkYou user located in the United States or Canada, the section entitled “Special arbitration clause for users in the United States or Canada” applies in your case. Please also read said section in its entirety. If you are not subject to the section “Special arbitration clause for users in the United States or Canada”, you accept that you will resolve any Complaint that you have with us related, derived from or connected in any way to our Terms, us, or our Services (denominated, individually, as “Conflict” and, jointly, “Conflicts”) exclusively in the United States District Court for the Northern District of California or in a state court located in San Mateo county in California, and you agree to submit to the personal jurisdiction of said courts for the purpose of litigating said Conflicts.
Applicable legislation. The laws of the state of Florida govern our Terms, as well as for any Conflict, be it in a court or arbitration, that could arise between you and iTalkYou, independent from the clauses regarding legal conflicts.
Availability and termination of our services
Availability of our Services. Our Services may be interrupted for maintenance, repairs, or updates, which will occur after a prudent period of time following notification of our users. In the event of equipment or network failures, attempts will be made to notify our users of the situation, indicating an estimated resolution time in the event of service interruption, keeping in mind that it is an unforeseen, abnormal event. We may discontinue some or all of our Services, including some functions and compatibility with certain devices and platforms, which may occur with previous notification of our users and/or technical and/or commercial justification. Our Services may be affected by events out of our control, such as natural disasters and other events of force majeure.
Termination. We may modify, suspend, or terminate your access to our Services or your use of them at any moment and for any reason, for example, if you violate the letter or spirit of our Terms or cause harm or risk, or you carry out any action that leaves us, our users, or other persons legally exposed. The following clauses shall remain after the termination of your relationship with iTalkYou: “Licenses”, “Disclaimers”, “Limitation of responsibility”, “Indemnification”, “Conflict Resolution”, “Availability and Termination of our Services”, “Others” and “Special arbitration clause for users in the United States or Canada”.
- Unless a mutual agreement between you and us stipulates otherwise, our Terms constitute the entire agreement between you and us in relation to iTalkYou and our Services, and they substitute any other previous agreement.
- We can ask you to accept additional terms for our Services in the future, which will prevail in case there is a conflict between our Terms and said additional terms.
- Our Services are not intended for distribution or use in any country where said distribution or use would infringe on local legislation nor subject us to the regulations of another country. We reserve the right to limit our Services in any country.
- You will comply with all laws regarding commercial sanctions and export controls applicable in and out of the United States (“Export Laws”). You will not export, reexport, provide or transfer in any other way, directly or indirectly, our services: (a) to any individual, entity or country prohibited by the Export Laws; (b) anyone on restricted lists of the government of the United States or any other country; or (c) for any purpose prohibited by the Export Laws, including nuclear, chemical or biological weapons, or missile technology applications without the required governmental authorizations. You will not use or download our Services if you are in a restricted country, if you currently appear on any restricted list of the government of the United States or any other country, or for any purpose prohibited by the Export Laws, and neither will you hide your location via an IP proxy connection or other methods.
- Our Terms are written in United States English. Any translated version is provided exclusively for your convenience. In case there are discrepancies between the original English version and a translated version of our Terms, the original version in English is the binding document.
- Any modification or withdrawl of our Terms requires our express consent.
- We may modify or update these Terms. We will notify you of the modifications to our Terms, as appropriate, and we will update the “Last modification” date at the top of our Terms. By continuing to use our Services, you confirm that you accept our Terms, with any subsequent modification. If you do not agree with our Terms and with their modifications, you must cease using our Services. Please review our Terms periodically.
- All of our rights and obligations in our Terms are assigned freely to any of our affiliates, in relation to any merger, acquisition, restructuring or sale of shares, or by order of law or any other means, and we can transfer your information to any of our affiliates, successor entities or new owners.
- You will not transfer any of your rights or obligations with respect to our Terms to any third party without our previous written consent.
- Nothing contained within our Terms will prevent us from complying with the law.
- With the exception of that which is expressed herein, our Terms do not grant beneficiary status to any third party.
- If we do not demand compliance with one or more of our Terms, this shall not be considered to be a renunciation of them.
- If any of the clauses of these Terms is deemed to be illegal, invalid, or for any other reason inapplicable, said clause will be excluded from our Terms and shall not affect the validity and the applicability of the rest of the clauses, except that which is stipulated in the “Divisibility” section, in the “Special arbitration clause for users in the United States or Canada”
- We reserve all rights that we have not expressly granted to you. In certain jurisdictions you may have rights as a consumer and our Terms do not have the intention of limiting said legal rights as a consumer that may not be voided by contract.
- We always value your comments and suggestions about iTalkYou and our Services, but you should understand that we can use them without the obligation to compensate you for them (in the same way that you are not obligated to provide them)
Special arbitration clause for users in the United States and Canada
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL CLAUSES THAT APPLY ONLY TO OUR USERS IN THE UNITED STATES AND CANADA. IF YOU ARE AN ITALKYOU USER LOCATED IN THE UNITED STATES OR IN CANADA, THIS SECTION REQUIRES YOU TO AGREE TO OBLIGATORY INDIVIDUAL ARBITRATION FOR ALL CONFLICTS, EXCEPT THOSE THAT INVOLVE INTELLECTUAL PROPERTY CONFLICTS AND EXCEPT THOSE THAT CAN BE TRIED IN A SMALL CLAIMS COURT. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO RESOLVE SAID CONFLICTS IN A COURT BEFORE A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME THAT YOU HAVE TO INITIATE ARBITRATION OR, IF PERMITTED, LEGAL ACTION. LASTLY, THIS SECTION CONSTITUTES A WAIVER OF YOUR RIGHT FOR THE CONFLICT TO BE TREATED AND RESOLVED AS A CLASS ACTION LAWSUIT, COLLECTIVE ARBITRATION, OR REPRESENTATIVE SUIT.
“Exempt Conflict” means any Conflict related to the application or infraction of your or our intellectual property rights (such as copyright, commercial brands, domains, logos, commercial images, commercial secrets and patents). For greater clarity and without prejudice to the aforementioned, said Conflicts related, derived from, or connected in any way with your privacy and publicity rights are not Exempt Conflicts.
Federal arbitration law. United States federal arbitration law governs the interpretation and application of the “Special arbitration clause for users in the United States and Canada”, including all matters regarding whether a Conflict between you and iTalkYou is a matter of arbitration.
Arbitration agreement for iTalkYou users located in the United States and Canada. For the iTalkYou users located in the United States or Canada, you as well as iTalkYou agree to waive your rights to a trial before a judge or jury for all Conflicts, save for Exempt Conflicts. You and iTalkYou agree that all Conflicts (save for Exempt Conflicts), including those related to, derived from, or connected in any way with your privacy and publicity rights, shall be resolved via a final and obligatory arbitration. You and iTalkYou agree not to combine a Conflict that is subject to arbitration under our Terms with a Conflict that is not eligible for arbitration according to our Terms.
The arbitration will be administered by the American Arbitration Association under its rules of commercial arbitration current at the time that arbitration begins, including optional norms for emergency protection measures and supplementary procedures for consumer-related conflicts (jointly, “AAA Norms”). The arbitration will be presided by a single arbiter selected in accordance with the AAA Norms. The AAA Norms, information related to the initiation of a Conflict and a description of the arbitration process can be consulted at www.adr.org. The arbiter will decide if a Conflict is eligible for arbitration. The location of the arbitration and the assignation of fees and costs for said arbitration will be determined in accordance with the AAA Norms. Without prejudice to the AAA Norms, we will reimburse you for all AAA administrative costs in Conflicts that are subject to supplementary procedures for consumer-related conflicts, unless the arbiter determines that a Conflict has been brought for the purposes of harassment or is completely unfounded.
Exclusion procedure. You can refuse this arbitration agreement. In that case, neither you nor we can demand that the other participate in an arbitration procedure. To refuse this arbitration agreement, you must notify us in writing with a letter postmarked within 30 days of: (i) the date that you accepted our Terms for the first time; or (ii) the date on which you agreed to this arbitration clause, whichever is later. You must use the following address to express your rejection.
iTalkYou Com LLC
1500 Weston Road, Suite 200
Weston, Florida 33326
United States of America
You must include: (1) your name and residential address; (2) the mobile telephone number associated with your account; and (3) a clear statement indicating that you reject the arbitration agreement of our Terms.
Small claims court. As an alternative to arbitration, if the rules of your local “small claims court” allow, you may present your Conflict before your local “small claims court”, as long as the matter is pursued individually (not collectively).
Deadline to initiate arbitration. You as well as we agree that for any Conflict (save for Exempt Conflicts) we must begin an arbitration procedure within one year from the date in which said Conflict was produced for the first time; otherwise, the Conflict shall expire. This means that if you or we do not initiate arbitration in the timespan of one year after the appearance of the Conflict, the arbitration will be rejected for having started too late.
Class-action suits, collective arbitration, or representative suits are not accepted for users located in the United States or Canada. Both you and we agree that if you are an iTalkYou user located in the United States or Canada, you and we may present Conflicts against one another only in our own name and not in the name of any other person or entity, nor any class of person. You and we agree not to participate in a class-action lawsuit, collective arbitration or Conflicts administered by private general counsel or in a representative capacity or consolidated Conflicts related with another person or entity in relation to any Conflict.
Divisibility. If the prohibition against class-action lawsuits and other Conflicts presented in the name of third parties turns out to be inapplicable to a Conflict, all of the aforementioned clauses under the section “Special arbitration clause for users in the United States and Canada” will be null and void with respect to said Conflict.
Forum for authorized legal actions. If you choose to reject the arbitration agreement, if your Conflict is an Exempt Conflict or if the arbitration agreement turns out to be inapplicable, you agree to the clauses of “Forum and jurisdiction” found in the “Conflict Resolution” section above.