Terms of Service

Introduction

Welcome to Tawkly. These Terms of Service govern your use of our website, mobile applications, and other products and services. By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use the Services.

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms.

We reserve the right to request proof of age from you at any time. If we discover that a person under 18 is using our Services, we will terminate their account immediately.

Account Registration

To use certain features of our Services, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to keep this information up to date.

You are responsible for safeguarding 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.

We reserve the right to disable your account if we believe you have violated these Terms.

User Conduct

You agree not to use the Services to:

• Violate any applicable law or regulation
• Harass, abuse, or harm another person
• Share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity
• Use the Services for any illegal or unauthorized purpose
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Collect or store personal data about other users without their consent
• Transmit any viruses, worms, defects, Trojan horses, or other destructive items
• Engage in spamming or other unsolicited communications
• Solicit personal information from anyone under 18
• Use the Services for commercial purposes without our prior written consent

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

User Content

Our Services allow you to post, share, and communicate with other users. You retain ownership of any content you submit, post, or display on or through the Services.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your User Content
• Your User Content does not violate the privacy, publicity, copyright, or other rights of any person
• Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code

We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

Intellectual Property

The Services and their original content, features, and functionality are owned by Tawkly and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services, or any content, trademarks, logos, or other intellectual property used or displayed on the Services, other than what is necessary to use the Services as permitted under these Terms.

Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by following the instructions in the account settings or by contacting us.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAWKLY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold harmless Tawkly, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney"s fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide reasonable notice of any material changes to these Terms, such as by posting the revised Terms on our website with an updated effective date. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms.

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 to the fullest extent under law.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tawkly regarding the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Tawkly regarding the Services.