Terms of Service

## 1. Introduction

Welcome to Talkalize ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Talkalize website, mobile applications, APIs, and other associated services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

## 2. Service Description

Talkalize provides WhatsApp-based communication solutions for businesses, including automated messaging, chatbots, marketing campaigns, and customer service tools. Our platform enables businesses to connect with their customers through WhatsApp using various features and integrations.

## 3. Account Registration and Eligibility

### 3.1 Account Creation
To use certain features of our Services, you must create an account. When you register, you agree to provide accurate, current, and complete information.

### 3.2 Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements.

### 3.3 Account Security
You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

## 4. WhatsApp Business API Usage

### 4.1 API Access
Our Services utilize the WhatsApp Business API. You acknowledge that your use of our Services is also subject to WhatsApp's Terms of Service, Business Terms, Commerce Policy, and Business Policy.

### 4.2 Business Verification
To use our WhatsApp integration services, your business must complete WhatsApp's verification process. We may assist with this process, but ultimate approval is at WhatsApp's discretion.

### 4.3 Messaging Limitations
You agree to comply with all WhatsApp messaging limitations, including but not limited to:
- Obtaining proper consent before sending messages to users
- Not using the Services for promotional or marketing messages unless explicitly permitted
- Not sending spam, unsolicited messages, or prohibited content
- Respecting conversation timeframes and messaging windows

## 5. Subscription Plans and Payments

### 5.1 Pricing
We offer various subscription plans as described on our website. Prices are subject to change with notice.

### 5.2 Billing
You agree to pay all fees associated with your selected plan. Payments are non-refundable except as required by law.

### 5.3 Free Trials
We may offer free trials of our Services. At the end of the trial period, your account will be automatically converted to a paid subscription unless you cancel before the trial ends.

## 6. Acceptable Use

### 6.1 Compliance with Laws
You agree to use our Services in compliance with all applicable laws and regulations, including those related to data protection, privacy, intellectual property, and electronic communications.

### 6.2 Prohibited Activities
You must not use our Services to:
- Violate any laws or regulations
- Infringe on the rights of others
- Send spam, unsolicited messages, or marketing communications without proper consent
- Distribute malware or engage in fraudulent activities
- Harass, threaten, or harm others
- Promote discrimination or hatred
- Send or display offensive, harmful, or inappropriate content
- Interfere with the operation of our Services or servers

## 7. Content and Intellectual Property

### 7.1 Your Content
You retain ownership of any content you create, upload, or share through our Services ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute Your Content solely for the purpose of providing and improving our Services.

### 7.2 Our Intellectual Property
Our Services, including all software, design, text, graphics, logos, and other content, are protected by intellectual property rights. You may not copy, modify, distribute, sell, or lease any part of our Services or included software.

## 8. Third-Party Services and Integrations

### 8.1 Third-Party Services
Our Services may integrate with or allow access to third-party services, including WhatsApp and other platforms. Your use of such third-party services is subject to their respective terms and policies.

### 8.2 Third-Party Links
Our Services may contain links to third-party websites or resources. We are not responsible for the content or practices of these third-party websites or resources.

## 9. Data Protection and Privacy

### 9.1 Privacy Policy
Our Privacy Policy describes how we collect, use, and share your information. By using our Services, you agree to our Privacy Policy.

### 9.2 Customer Data
You are responsible for ensuring that your collection, use, and processing of customer data through our Services comply with all applicable data protection laws and regulations.

## 10. Termination

### 10.1 Termination by You
You may terminate your account at any time by following the procedures in your account settings or by contacting us.

### 10.2 Termination by Us
We may suspend or terminate your access to our Services if:
- You violate these Terms
- You engage in fraudulent or illegal activities
- Your use of the Services poses a security risk
- We are required to do so by law

### 10.3 Effect of Termination
Upon termination, your right to use our Services will cease immediately. Provisions that should reasonably survive termination will continue to apply.

## 11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not guarantee that:
- The Services will function uninterrupted, secure, or available at any particular time or location
- Any errors or defects will be corrected
- The Services are free of viruses or other harmful components
- The results of using the Services will meet your requirements

## 12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TALKALIZE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Services
- Any conduct or content of any third party on the Services
- Unauthorized access, use, or alteration of your transmissions or content

Our liability is limited to the amount you paid us in the last 12 months or $100, whichever is greater.

## 13. Indemnification

You agree to defend, indemnify, and hold harmless Talkalize and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

## 14. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of such Terms.

## 15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall be resolved through:
1. Informal negotiation (30 days)
2. Mediation in [Location] (if negotiation fails)
3. Binding arbitration in [Location] (if mediation fails)

## 16. Miscellaneous

### 16.1 Entire Agreement
These Terms constitute the entire agreement between you and Talkalize regarding the Services and supersede all prior agreements.

### 16.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

### 16.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

### 16.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.

### 16.5 Contact Information
For questions about these Terms, please contact us at:
- Email: [email protected]
- Address: 7-2, Plaza Danau 2, Jalan 2/109f,Taman Danau Desa, 58100 Kuala Lumpur, Malaysia

## 17. Additional Terms for Specific Features

Certain features or services may have additional terms and conditions. These additional terms will be presented to you when you access those features or services.