Terms and Conditions

Talki Guru

ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND TALKIGURU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TALKIGURU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.

1. Introduction

1.1 User Agreement

You agree that by clicking “Create an Account”, “Sign in with Google”, “Login with Facebook” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with TalkiGuru. (even if you are using our Services on behalf of a company). If you do not agree to these terms of service (“TOS” or “User Agreement”), do not click “Create and Account” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this User Agreement at any time you can do so by closing your account and no longer accessing or using our Services.

1.2 Services

This User Agreement applies to https://talki.guru and other TalkiGuru-related sites, apps, communications and other services that state that they are offered under this User Agreement  (“Services”), including the offsite collection of data for those Services.

1.3 TalkiGuru

You are entering into this User Agreement with TalkiGuru. (also referred to as “we” and “us”). The collection, use and sharing of your personal data is subject to our Privacy Policy, and updates.

1.4 Change

We may modify the User Agreement and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Who

To use the Services, you agree that: (a) you must be the “Minimum Age” (described below) or older; (b) you will only have one TalkiGuru account, which must be in your real name; and (c) you are not already restricted by TalkiGuru from using the Services. Creating an account with false information or creating multiple/duplicate accounts is a violation of our terms, including accounts registered on behalf of others or persons under the Minimum Age.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for TalkiGuru to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

You agree to: (a) use a strong password and keep it confidential; and (b) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or immediately report misuse by contacting us at talki@visionlab.co.in
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Enterprise accounts), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment

If you buy any of our paid Services (“Subscription”), you agree to pay us the applicable fees and taxes and to additional terms specific to the Subscription. Failure to pay these fees will result in the termination of your Subscription. Also, you agree that:
  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • Our payment processor may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay for other Services you may buy.
  • If you purchase a Subscription, your payment method automatically will be charged at the start of each Subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

2.4 Changes to the Price and Subscription Plans

We may change our subscription plans and the price of our Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

2.5 Refunds

  • Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided in this section.
  • If you choose to cancel your Subscription during a Subscription period, you may use the Subscription until the end of your then-current Subscription period or renewal period, but will not be issued a refund for the most recently charged fees.
  • ​​Payments made against one-time packs or Subscriptions that have been: (i) bought more than 24 hours ago, or (ii) used for more than 10 minutes of text to speech conversion are not eligible for refunds. If you have bought a Subscription or a one-time pack within the last 24 hours and your account usage is less than 10 minutes of voice generation time, you can write to us with a refund request at support@visionlab.co.in

2.6 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (a) within the Service, or (b) sent to the contact information you provided us (e.g., email). You agree to keep your contact information up to date.

3. Rights and Limits

3.1. Your License to the Service

As between you and TalkiGuru, you own the content and information that you submit to the Services, and you are only granting TalkiGuru and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice or compensation to you or others. These rights are limited in the following ways:
  • This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your information and content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services (“Third Parties”), solely for the purpose of providing such Services. Your content and information is made available to Third Parties only for processing and not storage.
  • You can end this license for specific content by deleting such content from the Services, or generally by terminating your account, except (i) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it, and (ii) for the reasonable time it takes to remove from backup and other systems.
  • While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
You and TalkiGuru agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to TalkiGuru, you agree that TalkiGuru can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.

3.2 Service Availability

We will not materially decrease the functionality of the Services during your Subscription period and continue to provide the Services till the end your Subscription period. We may change, suspend or discontinue our Services however this will not affect any ongoing Subscriptions and we will continue to provide the same level of service till the end of your Subscription period.
We don’t promise to store or keep showing any information and content that you’ve posted. TalkiGuru is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.4 Limits

TalkiGuru reserves the right to restrict, suspend, or terminate your account if you breach this User Agreement or the law or are misusing the Services.

3.5 Intellectual Property Rights

TalkiGuru reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

3.6 Avoiding Misinformation and Harm
We actively discourage the use of synthetic media for malicious purposes, including spreading misinformation, defaming individuals, or inciting hatred. We strictly prohibit the creation or dissemination of content that may cause harm, violate legal boundaries, or infringe upon the rights of others.

4. Confidentiality and Special Features

4.1 Confidentiality

We treat the content and information that you submit to the Services in accordance with this User Agreement (“Your Information”) as confidential. We will not, without your consent, use Your Information other than as provided in this User Agreement or disclose Your Information to any third party other than to our officers, directors, employees, agents, assigns, consultants, contractors, service providers, representatives or affiliated entities who need to access Your Information and who are required to protect the confidentiality of Your Information. We will use at least reasonable care to protect the confidentiality of Your Information.
Confidentiality obligations will however not apply to Your Information:
  • that is known to us, prior to receipt from you, or is obtained from a source other than one having an obligation of confidentiality to you;
  • that has become known (independent of disclosure by you) to us directly or indirectly from a source other than one having an obligation of confidentiality to you; or
  • that has become publicly known or otherwise ceases to be secret or confidential, except through a breach of this section by us, including if you designate a Your Information as “public” or post such information or content in a public area of the Site.

5. Commercial Rights; Third-Party Content and Services; and Publicity

5.1 Commercial Rights

You can use TalkiGuru created voices for commercial purposes. You can also distribute or otherwise make available to third parties who intend to use TalkiGuru created voices for commercial purposes. You however agree that Commercial Rights (defined below) are not resell rights and you cannot resell or offer to resell TalkiGuru's offerings to any third-party.
“Commercial Rights” means any use of TalkiGuru created voices in business related uses that directly or indirectly derives a commercial benefit or financial gain.

5.2 Third-Party Content and Services

TalkiGuru may include or provide access to third party data, information and content, including from other users of TalkiGuru (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness or non-infringement. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content, or for any use thereof in connection with TalkiGuru, and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.

5.3 Publicity Rights
You grant TalkiGuru the right to identify Yourself/Your organization as TalkiGuru's customer on TalkiGuru's websites and/or marketing collateral and to include Your/Your organization's use of the Services in case studies.

6. Disclaimer and Limit of Liability

6.1 No Warranty

TALKIGURU AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TLAKIGURU AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS TALKIGURU HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS USER AGREEMENT), TALKIGURU, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS USER AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR THIRD-PARTY POLICIES (SUCH AS YOUTUBE REFUSING TO ALLOW MONETIZATION OF VIDEOS WITH SYNTHESIZED VOICES OR ACX DECLINING TEXT TO SPEECH BASED AUDIO BOOKS) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
TALKIGURU AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS USER AGREEMENT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO TALKIGURU FOR THE SERVICES DURING THE TERM OF THIS USER AGREEMENT, IF ANY.

6.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 6 are part of the basis of the bargain between you and TalkiGuru and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if TalkiGuru or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this User Agreement and to the extent that they are typical in the context of this User Agreement.

7. Termination

Both you and TalkiGuru may terminate this User Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
  • Our rights to use and disclose your feedback;
  • Sections 6, 8, 9 and 10.2 of this User Agreement; and
  • Any amounts owed by either party prior to termination remain owed after termination.

8. Governing Law and Dispute Resolution

Except to the extent they are preempted by United States federal law, the laws of Delaware, other than its conflict-of-laws principles, govern this User Agreement and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to this User Agreement or their subject matter.
To the extent that this User Agreement allow you or TalkiGuru to initiate litigation in a court, both you and TalkiGuru agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to this User Agreement or the use of the Services will be litigated exclusively in federal and state courts in the state of Delaware, United States of America. You and TalkiGuru consent to the personal jurisdiction of courts in the state of Delaware, United States of America.

9. General Terms

If a court with authority over this User Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this User Agreement.
This User Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this User Agreement, that does not mean that TalkiGuru has waived its right to enforce this User Agreement. You may not assign or transfer this User Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that TalkiGury may assign this User Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this User Agreement.
You agree that the only way to provide us legal notice is at the address provided in Section 13.

10. “Dos and Don’ts”

10.1. Dos

You agree that you will:
  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.

10.2. Don’ts

You agree that you will not:
  • Create a false identity on TalkiGuru, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service;
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of TakiGuru;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
  • Violate the intellectual property or other rights of TalkiGuru, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “TalkiGuru” or our logos in any business name, email, or URL without our express consent in writing;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Use bots or other automated methods to access the Services;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Publish, post, upload, distribute, disseminate or submit material through the Services that is unlawful, profane, non-consensual, obscene, defamatory, indecent, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • Publish, post, upload, distribute or disseminate any, indecent or unlawful topic, name, material or information;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Harvest or otherwise collect or disclose information about other users without their consent;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); or
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

11. Claims regarding copyright infringement

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), TalkiGuru has implemented procedures for receiving written notification of claimed infringements. TalkiGuru has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:
  • 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 specifying the location on our website of the material that you claim is infringing;
  • Your email address and your mailing address and/or telephone number;
  • A 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; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that any notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice.
Please submit your notice to talki@visionlab.co.in

12. User Responsibility for Digital Content

The following disclaimer outlines the responsibilities of users regarding the digital content they create, upload, or share on this website. By accessing and using this website, you acknowledge and agree to the terms and conditions stated below:

User Content Ownership : Users are solely responsible for the digital content they create, upload, or share on this website. This includes, but is not limited to, text, images, videos, audio files, and any other form of digital media. Users retain ownership of their content and are responsible for ensuring that they have the necessary rights, licenses, or permissions to publish and distribute it.

Accuracy and Legality of Content: Users must ensure that the digital content they provide is accurate, lawful, and does not infringe upon the rights of any third party, including intellectual property rights, privacy rights, or any other applicable laws or regulations. We do not assume any responsibility or liability for the accuracy, legality, or consequences of user-generated content.

Content Moderation: While we strive to maintain a safe and respectful environment, we cannot guarantee the accuracy, completeness, or reliability of user-generated content. We reserve the right, but not the obligation, to monitor, moderate, and remove any content that violates our terms of service or is deemed inappropriate, offensive, or harmful.

Indemnification: Users agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, or expenses arising from their digital content, including but not limited to claims of copyright infringement, defamation, or violation of privacy rights. Users bear full legal and financial responsibility for their actions and the consequences thereof.

Limitation of Liability: To the extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with user-generated content or the use of this website.

It is essential that users understand and acknowledge their responsibility for the digital content they create and share on this website. By continuing to use this website, users agree to abide by these terms and accept the associated risks and consequences.

13. How To Contact Us

For general inquiries, you may contact us at support@visionlab.co.in For legal notices or service of process, you may write to us at talki@visionlab.co.in
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