Terms of Use

Welcome to Talkos

Welcome to Talkos (“Talkos,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Talkos mobile application and related services (collectively, the “Service”).

By downloading, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, please discontinue use of the Service immediately.

1. Service Description

1.1 Overview of the Service

Talkos is an AI-powered language learning and speaking practice application, currently focused on English learning, with potential expansion to additional languages in the future.

The Service may include, without limitation:

• AI Speaking Practice through real-time voice calls or non-real-time voice messages;
• Scenario-Based Conversations and Role Play simulating real-life situations such as travel, learning basics and daily communication;
• Structured Speaking Courses completed through voice-based exercises;
• Language Feedback, including grammar, vocabulary, and fluency insights, with potential future pronunciation features;
• Learning Tools, such as progress tracking, learning reports, and vocabulary collections;
• Translation Features related to course or conversation content;
• Other features or services introduced from time to time.

1.2 Nature of the Service

• Talkos provides language learning support and practice tools only, and does not constitute professional education, formal instruction, tutoring, certification, or examination preparation;
• AI-generated content is provided for learning reference purposes and may be inaccurate, incomplete, or unsuitable for certain contexts;
• We do not guarantee any specific learning outcome, proficiency level, or real-world performance.

1.3 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. Where changes materially affect user rights, reasonable notice will be provided where required by applicable law.

2. Account and Eligibility

2.1 Accounts and Access

• Talkos may allow anonymous use and may automatically create an anonymous account;
• Third-party login options (such as Apple Sign-In) may be available;

Please note the distinction between your Subscription and your Learning Data under an anonymous account:

• Subscription: Your purchase is tied to your Apple ID. You can restore your pro status on a new device using the 'Restore Purchase' button.
• Learning Data: Your progress, chat history, and vocabulary lists are stored locally or tied to an anonymous device identifier. This data cannot be restored if you delete the App, reset your device, or switch to a new device without explicitly linking an email or social account. We strongly recommend linking an account to prevent data loss.

2.2 Account Security

You are responsible for safeguarding your device and access credentials. We are not responsible for losses caused by unauthorized access resulting from your failure to maintain security.

2.3 Eligibility

• The Service is intended for users who are at least 12 years old.
• Parental Responsibility: If you are under the age of majority in your jurisdiction (e.g., under 18), you may only use the Service with the consent and supervision of a parent or legal guardian. The parent or legal guardian is responsible for all activity associated with the account.

2.4 Suspension and Termination

We may restrict, suspend, or terminate your access to the Service if you violate these Terms or applicable laws.

3. User Conduct

3.1 Permitted Use

You may use the Service solely for personal, non-commercial language learning purposes.

3.2 Prohibited Activities

You may not:

• Use the Service for commercial training, resale, or redistribution;
• Input, generate, or distribute unlawful, infringing, harmful, or inappropriate content;
• Reverse engineer, decompile, or interfere with the Service or its systems;
• Bypass payment systems, usage limits, or security measures.

We employ automated systems to detect abusive language or harassment of AI. Violations may result in a permanent ban of your specific Device ID or IP address, regardless of whether you are logged in anonymously or with a registered account.

3.3 Content Moderation

• We reserve the right to review, monitor, and remove content using automated or manual methods, and to take appropriate action as required by law.
• Users can report offensive or inappropriate AI-generated content directly within the App. We will review such reports and take action within 24 hours.

4. Intellectual Property

4.1 Our Rights

All rights, title, and interest in and to the Service, including its software, algorithms, interfaces, designs, trademarks, and other proprietary materials, belong to Talkos or its licensors.

4.2 User Content

You retain ownership of content you submit, but grant us a limited license to use such content solely as necessary to provide and improve the Service.

4.3 AI-Generated Content

AI-generated outputs may not be unique, accurate, or suitable for all purposes and do not constitute professional advice.

5. Paid Services, Subscriptions, and Refunds

5.1 Free Services

Talkos offers limited free access to certain features, including restricted course content and usage limits. The specific scope of free services is subject to change and is displayed within the App.

5.2 Subscription Plans

Talkos offers various subscription plans (e.g., Weekly, Annual) that grant access to our paid service tier, referred to as "Talkos Pro."

• Uniform Pro Benefits: Regardless of the subscription period selected (Weekly or Annual), Talkos Pro grants full access to all structured courses, scenario-based conversations, and other advanced tools.
• Usage Limits (Fair Use Policy): Certain high-cost AI features included in Talkos Pro, such as real-time voice calls, are subject to usage limits (e.g., a specific number of minutes per week). These limits apply uniformly to both Weekly and Annual plans.
  • For Weekly subscriptions, the limit resets at the start of each billing cycle.
  • For Annual subscriptions, the limit resets on a weekly basis (every 7 days) or as explicitly stated in the App interface. Unused minutes do not roll over to the next period.
• Pricing: Specific pricing, currency, and billing cycles are displayed clearly on the purchase screen at the time of subscription. We reserve the right to modify pricing at any time, with reasonable notice provided for active subscriptions.

5.3 Free Trials

• Certain subscription plans may offer a free trial period (e.g., 3 days) for new users.
• Eligibility: Trial eligibility is determined by Apple and Talkos. Each user or device is generally limited to one free trial.
• Conversion to Paid: If you do not cancel at least 24 hours before the trial ends, your account will be automatically charged for the subscription price indicated at the time of sign-up.
• Forfeiture: Any unused portion of a free trial period will be forfeited when you purchase a subscription, where applicable.

5.4 Automatic Renewal and Cancellation

• Auto-Renewal: Your subscription will automatically renew for the same duration as the original plan unless auto-renew is turned off at least 24 hours before the end of the current period.
• Billing: Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
• Cancellation: You can manage your subscriptions and turn off auto-renewal by going to your Device Settings > Apple ID > Subscriptions after purchase.
• Effect of Cancellation: Deleting the App does not cancel your subscription. If you cancel, you will continue to have access to Talkos Pro until the end of the current billing period.

5.5 Payments, Refunds, and Taxes

• Processing: All payments and refunds are processed exclusively by the Apple App Store. Talkos does not have access to your billing information and cannot process refunds directly.
• Refund Policy: Generally, all purchases are final and non-refundable, except where required by applicable law. Refund requests must be submitted directly to Apple and are subject to Apple’s Media Services Terms and Conditions and the refund policies of your local jurisdiction.
• Taxes: Applicable taxes may be charged in addition to the subscription price in accordance with local laws and Apple’s policies.

6. Disclaimers

6.1 Service Provided “As Is”

The Service is provided on an “as is” and “as available” basis without warranties of any kind.

6.2 AI and Technical Limitations

AI speech recognition, translation, and feedback may be affected by accents, devices, environments, and network conditions.

6.3 No Guarantee of Results

We make no guarantees regarding learning outcomes, progress speed, or real-world communication effectiveness.

6.4 Real-Time Voice and Network Dependency

Real-time voice interactions may be interrupted, delayed, or unavailable due to network or third-party service issues.

6.5 Third-Party Services

We are not responsible for disruptions caused by third-party platforms or services beyond legal requirements.

7. Privacy and Data Use

7.1 Privacy Policy

Our Privacy Policy forms an integral part of these Terms. In the event of any inconsistency, the Privacy Policy shall prevail.

7.2 Data Categories

We may process voice data, transcriptions, learning behavior data, device information, and user feedback.

7.3 Purpose of Processing

Data is used to provide services, generate feedback, improve functionality, ensure security, and comply with legal obligations.

7.4 Data Security

We implement reasonable safeguards but cannot guarantee absolute security.

7.5 User Rights

You may exercise data access, correction, deletion, or restriction rights as provided by applicable law and the Privacy Policy.

8. Children’s Privacy

8.1 Family Use

Talkos is designed for general audiences aged 12 and above. However, for users under 13 (or the applicable age of digital consent), a parent or guardian must agree to these Terms on their behalf.

8.2 Parental Responsibility

Parents or legal guardians are responsible for supervising minors’ use of the Service and managing subscriptions and trials.

8.3 Children’s Personal Information

We do not knowingly collect personal information from children under 13 years of age without verifiable parental consent, or the equivalent age in your jurisdiction.

8.4 Parental Rights

Parents or guardians may request access to, correction, or deletion of a child’s personal information as outlined in the Privacy Policy.

9. Limitation of Liability

9.1 Service Positioning

Talkos is a learning assistance tool and does not replace human teachers or personal judgment.

9.2 Reasonable Use

Users are responsible for applying AI-generated content appropriately and making independent learning decisions.

9.3 Technical Risks

Speech recognition, translation, and network performance may vary and constitute reasonable technical limitations.

9.4 Limitation of Liability

To the maximum extent permitted by law, Talkos shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the Service.

9.5 Liability Cap

Where liability cannot be excluded, our total liability shall not exceed the total fees paid by you for the Service in the 12 months preceding the claim. If no fees were paid, liability shall be limited to the minimum amount permitted by law.

9.6 Force Majeure

We shall not be liable for failure or delay caused by events beyond reasonable control, including natural disasters, policy changes, or third-party system failures.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws having the closest connection to your place of residence, without excluding or limiting any mandatory statutory rights you may have under applicable law.

Any dispute arising out of or in connection with these Terms or your use of the Talkos Service shall first be resolved through good faith discussions between the parties. If such discussions do not result in a resolution, either party may bring the dispute before a court of competent jurisdiction.

11. Miscellaneous

• These Terms constitute the entire agreement between you and Talkos;
• Invalid provisions do not affect the validity of remaining provisions;
• Continued use after updates constitutes acceptance of revised Terms.