TalkAway Terms of Service

0. Definitions and Interpretation

A. Defined Terms

“Account” means a registered user profile created to access the Service.

“App” means the TalkAway mobile application for iOS and Android, including any updates or upgrades.

“Community Guidelines” means the rules and standards for behavior on the Service published by Enzee and updated from time to time.

“Conversation” or “Room” means any voice-based interaction on the Service, whether live or asynchronous, including group rooms and private sessions.

“Content” means all information, data, text, audio, images, graphics, code, feedback, and other materials posted, generated, provided, or otherwise made available through the Service.

“User Content” means Content that users submit, post, upload, record, speak, transmit, or otherwise provide to or through the Service, including your voice, messages, images, and profile information.

“Public Content” means User Content that is intended to be visible to all users (for example, open rooms, public profiles, and public comments).

“Private Content” means User Content that is intended to be limited to a defined audience (for example, private rooms or direct communications).

“Paid Services” means any features, subscriptions, credits, or other offerings for which Enzee charges a fee.

“Third‑Party Services” means products, websites, apps, software, devices, or services that are not owned or controlled by Enzee but may interact with or be accessible through the Service.

B. Interpretation

Headings are for convenience only and shall not affect interpretation. Any examples are illustrative and not exhaustive. The words “including,” “includes,” and “for example” are deemed to be followed by “without limitation.” If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

1. Using TalkAway

A. Eligibility

You must be at least 13 years old to use the Service, or the minimum age required by law in your jurisdiction (for example, 16 under the GDPR). If you are under the age of majority in your jurisdiction, you may only use the Service with the consent of a parent or legal guardian who accepts these Terms on your behalf and is responsible for your use.

You represent and warrant that you are not barred from using the Service under any applicable law and that you are not located in a country subject to U.S. embargo or designated as a “terrorist supporting” country by the U.S. government.

B. Account Registration and Security

To access certain features, you must create an Account and provide accurate, current, and complete information. You agree to keep your Account information up to date, to maintain the confidentiality of your login credentials, and to notify us promptly of any unauthorized use or security breach. You are responsible for all activities that occur under your Account, whether or not authorized by you.

C. Guest Access

We may permit limited participation in Conversations without registration (“Guest Access”). Guest users are bound by these Terms, our Privacy Policy, and our Community Guidelines. Guest Access may be restricted, changed, or disabled at any time.

D. License to Use the Service

Subject to your compliance with these Terms, Enzee grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. Enzee reserves all rights not expressly granted. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code, except to the extent laws prohibit these restrictions.

E. Prohibited Uses

You agree that you will not: (i) use the Service for any unlawful purpose; (ii) harass, stalk, intimidate, or defame others; (iii) post or transmit content that is obscene, hateful, threatening, or incites violence; (iv) engage in fraudulent, deceptive, or misleading practices; (v) interfere with or disrupt the Service or networks; (vi) use bots, scripts, or scraping tools; (vii) collect or harvest personal data from the Service except as permitted; (viii) circumvent security measures; or (ix) use the Service in a manner that infringes the rights of any person.

F. Software Updates and Changes

The Service may automatically download and install updates, upgrades, or new features. We may modify or discontinue any feature at any time. Your continued use after such changes constitutes acceptance of the modified Service.

G. International Use; Data Charges

You are responsible for complying with local laws when you use the Service outside the United States. Using the Service may involve data charges from your wireless carrier or internet provider, for which you are solely responsible.

2. Personalization and Recommendations

A. How Personalization Works

To help you discover relevant Conversations and communities, we personalize parts of the Service. Personalization may take into account your activity, topics you follow, rooms you join, people you interact with, and other signals. We may also use automated systems and machine learning to provide recommendations.

B. Controls and Transparency

You may be able to adjust certain personalization settings in your Account. Some personalization is essential to the operation of the Service (for example, ranking results) and cannot be entirely disabled. We strive to provide reasonable transparency about the factors influencing recommendations.

C. Limitations and Disclaimers

Recommendations may occasionally be inaccurate, incomplete, biased, or outdated. You acknowledge that you should not rely on personalization as advice, and Enzee disclaims liability for actions you take based on recommendations.

3. User Content and Licenses

A. Ownership of Your Content

You retain ownership of your User Content. These Terms do not transfer ownership rights in your User Content.

B. License to Enzee

By submitting or making available User Content on or through the Service, you grant Enzee a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, cache, index, use, reproduce, modify, adapt, create derivative works, publish, translate, distribute, transmit, display, and perform such User Content in connection with operating, providing, improving, promoting, and securing the Service.

C. Public Content License to Other Users

For Public Content, you grant to each user of the Service a non-exclusive license to access and use your Public Content through the Service, and to exercise the rights permitted by the features of the Service and under these Terms.

D. Representations and Warranties

You represent and warrant that you have all rights necessary to grant the licenses granted herein, that your User Content does not infringe or violate any third-party rights or law, and that your User Content complies with these Terms.

E. Feedback and Suggestions

If you provide feedback, ideas, or suggestions to Enzee, you acknowledge that Enzee may use them without restriction or compensation to you and without obligation to keep them confidential.

4. Recording, Moderation, and Safety

A. Ephemeral Conversations and Limited Recording

TalkAway is designed for ephemeral voice Conversations. We do not retain audio recordings by default. However, to investigate reports of abuse, ensure safety, improve the Service, or comply with law, we may temporarily record or store segments of Conversations, as described in our Privacy Policy.

B. Transcripts and Automated Review

We may use automated tools to generate limited transcripts or metadata to help detect harmful behavior, improve recommendations, and operate the Service. Automated tools may make mistakes; we use them in combination with human review.

C. Reporting and Enforcement

You can report violations through in-app tools or by contacting support. We may take enforcement actions, including warnings, content removal, feature restrictions, temporary suspensions, or permanent termination, based on severity and history of violations.

D. Appeals

If your Account is suspended or terminated, you may appeal by following the instructions in the notice we send you. Enzee’s decision on appeals is final to the fullest extent permitted by law.

5. Community Standards (Prohibited Conduct)

A. Prohibited Content and Behavior

You agree not to post, share, or engage in: (i) harassment, bullying, or threats; (ii) hate speech or discrimination; (iii) sexual exploitation or content involving minors; (iv) illegal activities; (v) graphic violence or incitement; (vi) doxxing or invasion of privacy; (vii) scams, fraud, or deceptive practices; (viii) impersonation; (ix) intellectual property infringement; or (x) circumvention of enforcement actions.

B. Sensitive Topics and Support

TalkAway may host Conversations on sensitive topics (e.g., health, family, personal struggles). While we strive to foster empathetic spaces, TalkAway is not a substitute for professional advice. If you or someone else is in danger, contact local authorities.

6. Intellectual Property; DMCA

A. Our Rights

The Service, including the App, websites, software, design, text, graphics, logos, and trademarks, is owned by Enzee or its licensors and is protected by intellectual property laws. Except as expressly permitted, you may not use, copy, or create derivative works from the Service or any part thereof.

B. DMCA Takedown Procedure

If you believe that Content on the Service infringes your copyright, submit a written notice to legal@talkaway.live including: (1) identification of the copyrighted work; (2) identification of the allegedly infringing material and location; (3) your contact information; (4) a statement of good-faith belief; (5) a statement under penalty of perjury that the information is accurate and that you are authorized to act; and (6) your electronic or physical signature.

C. Counter-Notice

If material you posted was removed due to a DMCA notice and you believe the removal was a mistake or misidentification, you may submit a counter‑notice that complies with the DMCA. We may restore the material in accordance with the law.

D. Repeat Infringers

It is our policy to terminate Accounts of users who are repeat infringers in appropriate circumstances.

7. Third‑Party Services and Links

A. Integrations and Links

The Service may integrate with Third‑Party Services (e.g., social logins, analytics, payments) or link to third‑party websites. Your use of Third‑Party Services is governed by their terms and privacy policies, not ours.

B. Disclaimers

Enzee does not endorse, control, or assume responsibility for Third‑Party Services. They may be inaccurate, unsafe, or unavailable. You access them at your own risk.

8. Paid Services and Subscriptions

A. Availability and Eligibility

Paid Services may not be available in all regions. We may refuse or cancel orders if we suspect fraud, non‑payment, or violation of these Terms.

B. Pricing and Billing

Prices are displayed at the time of purchase and may change. You authorize Enzee or its payment processors (e.g., Apple, Google, Stripe) to charge your selected payment method for the amounts due, including taxes and fees.

C. Auto‑Renewal and Cancellation

Subscriptions renew automatically at the end of each billing cycle unless canceled at least 24 hours before renewal through your app store or Account settings. After cancellation, you will continue to have access to Paid Services until the end of the current period.

D. Trials, Promotions, and Credits

Trial offers, discounts, or credits are subject to additional terms and may be modified or withdrawn. Unless otherwise stated, trials convert to paid subscriptions at the then‑current price unless canceled before the trial ends.

E. Refunds and Chargebacks

Except where required by law, all fees are non‑refundable and non‑transferable. Chargebacks are treated as a breach of these Terms and may result in suspension or termination of your Account.

F. Taxes

You are responsible for any applicable taxes. We may collect and remit taxes where required by law.

9. Devices, Networks, and Software

A. Compatibility and Updates

Use of the Service requires compatible devices, software, and internet access. The Service may not function on all devices or networks. We may require you to install updates to continue using the Service.

B. Export Controls and Sanctions

You agree to comply with all applicable export control and sanctions laws. You may not use or access the Service if you are located in, or are a resident or national of, any country subject to U.S. embargo or if you are on a U.S. government restricted list.

10. Termination, Suspension, and Account Inactivity

A. By Enzee

We may suspend or terminate your access to the Service, or any portion thereof, at any time and for any reason, including if we believe you have violated these Terms, pose a risk to the Service or users, or if we discontinue the Service.

B. By You

You may stop using the Service at any time and may delete your Account via settings (if available) or by contacting support.

C. Effect of Termination

Upon termination, your license to use the Service ends immediately. Certain provisions survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

D. Name Reclamation and Inactivity

We may reclaim usernames that are inactive, violate trademarks, or otherwise conflict with our policies. We may deactivate Accounts with prolonged inactivity.

11. Disclaimers

A. Service “As Is”

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ENZEE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

B. No Guarantee of Availability

We do not guarantee that the Service will be uninterrupted, timely, secure, error‑free, or free of viruses. We are not responsible for any delays, delivery failures, or other damage resulting from network issues or other causes.

C. User Content

User Content is the sole responsibility of the person who originated it. Enzee does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content and disclaims all liability related thereto.

12. Limitation of Liability

A. Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENZEE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

B. Cap

IN NO EVENT SHALL ENZEE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

C. Consumer Rights

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.

13. Indemnification

A. Your Obligation

You agree to indemnify, defend, and hold harmless Enzee, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (i) your access to or use of the Service; (ii) your User Content; (iii) your violation of these Terms; or (iv) your violation of any third‑party right.

B. Defense and Control

Enzee may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of such claim.

14. Dispute Resolution; Arbitration; Class Action Waiver (U.S. Users)

A. Informal Resolution

Before initiating arbitration, you agree to first contact Enzee at legal@talkaway.live and attempt to resolve the dispute informally for at least 60 days.

B. Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or related to these Terms or the Service shall be resolved by binding arbitration administered by JAMS under its applicable rules. The arbitration will be conducted in the county where you reside (or another location we agree upon) or by videoconference.

C. Class Action Waiver

YOU AND ENZEE AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT TO A JURY TRIAL.

D. Opt‑Out

You may opt out of this arbitration agreement by sending a written notice to legal@talkaway.live within 30 days of creating your Account. If you opt out, neither you nor Enzee will be bound by the arbitration provisions.

E. Exceptions

Either party may bring an individual action in small claims court or seek injunctive relief in a court of competent jurisdiction for intellectual property infringement.

15. Governing Law and Venue

A. U.S. Users

These Terms are governed by the laws of the State of Delaware, without regard to conflict‑of‑law rules, except that the arbitration agreement is governed by the Federal Arbitration Act.

B. Non‑U.S. Users

If you are a consumer residing outside the U.S., you may also have rights under the mandatory laws of your country of residence, and nothing in these Terms affects those rights.

16. Changes to the Service and Terms

A. Changes to the Service

We are continually improving the Service and may add, modify, or remove features at any time.

B. Changes to these Terms

We may update these Terms from time to time. When we do, we will post the updated Terms and update the “Last Updated” date. For material changes, we will provide reasonable advance notice through the Service or by email, where feasible. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

17. Notices; Contact

A. Notices

We may provide notices to you via the Service, email, or other reasonable means. You agree that electronic communications satisfy any legal requirements for written notices.

B. Contact Information

Enzee LLC, Attn: Legal — TalkAway, [Insert Business Address]. Email: legal@talkaway.live. For support: support@talkaway.live.

18. Miscellaneous

A. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without Enzee’s prior written consent. Enzee may assign these Terms without restriction.

B. Entire Agreement

These Terms, the Privacy Policy, and the Community Guidelines constitute the entire agreement between you and Enzee regarding the Service and supersede all prior or contemporaneous agreements.

C. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.

D. No Waiver

No waiver of any term will be deemed a further or continuing waiver of such term or any other term. Enzee’s failure to assert any right or provision under these Terms shall not constitute a waiver.

E. Force Majeure

Enzee will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, labor disputes, internet failures, governmental actions, and other force majeure events.

F. Survival

Sections that by their nature should survive termination will survive, including ownership provisions, warranties and disclaimers, indemnity, limitations of liability, dispute resolution, and miscellaneous provisions.