Terms of Service.
iTalkYou Terms of Service.
Welcome to iTalkYou, owned by iTalkYou COM LLC ("iTalkYou", "our", "we" or "our") offers messaging, calling over VoIP and other services to users around the world. Please read our Terms of Service to understand the terms of use of iTalkYou. You agree to our Terms of Service ("Terms") by installing, accessing, or using our applications, services, features, software, or website (collectively, "Services").
WE DO NOT PROVIDE ACCESS TO EMERGENCY SERVICES: There are important differences between iTalkYou and SMS, mobile phone and landline services. Our Services do not provide access to emergency services or emergency service providers, such as police, firefighters, or hospitals, or connect to public safety answering points. You must ensure that you can contact your relevant emergency service providers via mobile phone, landline, or other service.
IF YOU ARE AN ITALKYOU USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, WHICH PROVIDES THAT, EXCEPT FOR OPT-OUT OR CERTAIN TYPES OF DISPUTES, YOU AND ITALKYOU AGREE TO RESOLVE ALL DISPUTES. THROUGH MANDATORY INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE SUCH DISPUTES BEFORE A JUDGE OR JURY, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE "SPECIAL ARBITRATION PROVISION FOR USERS FROM THE UNITED STATES OR CANADA" SECTION BELOW FOR MORE INFORMATION.
These Terms of Use govern your use of the websites, applications, software, widgets and services of iTalkYou and its affiliated sites (the "Service").
About our services.
Registry.You must register to use our Services with correct data, provide your current phone number and/or email and, if you change it, update it using the "mobile number" function within the Profile section of the Website or in the corresponding section within the Website. Profile menu of the mobile application. You agree to receive text messages and phone calls (from us or third party providers) with codes to register to use our Services.
Address bookYou regularly provide us with the phone numbers of iTalkYou users and other contacts you have in your mobile phone address book. You confirm that you are authorized to provide us with such numbers to enable us to provide our Services. We do not disclose, publish or share the information of your private contacts without your prior authorization.
Age.You must be at least 15 years of age to use our Services (or the minimum age required in your country to be authorized to use our Services without parental approval). In addition to being of the minimum age required to use our Services under applicable law, if you are not old enough to accept our Terms in your country, your parent or guardian must accept our Terms on your behalf.
Devices and Software.You must provide certain devices, software, and data connections that we do not provide in order to use our Services. For as long as you use our Services, you agree to download and install updates to our Services, including automatically.
Fees and taxes.You are responsible for the costs of your mobile carrier's data plan (if your phone or device uses one), as well as any other fees and taxes associated with the use of our Services. We may charge you for our Services, including any applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.Privacy policy and user data.
iTalkYou cares about your privacy. The iTalkYou Privacy Policy describes our information practices (such as messaging), including the types of data we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, call log data to enable the organization function of contacts, even when the application is not being used, and the sharing of your information, as described in our Privacy Policy, as well as the transfer and processing of your information in the United States and other countries globally where we have or use facilities, service providers or partners, regardless of where you use our Services. We do not disclose, publish or share the information of your private contacts without your prior authorization. You acknowledge that the laws, regulations and rules of the country in which your information is stored or processed may be different from those that apply in your own country. iTalkYou does NOT collect data in the background.
Information security.
Data Protection.
We have taken extensive technical and organizational measures to protect your data against potential risks, such as unauthorized login or access, unauthorized reading, modification or distribution, and against loss, deletion or misuse.
To protect your personal data from unauthorized access by third parties when it is transmitted, we secure data transmissions, if necessary, using SSL and TLS encryption. This is a standard encryption procedure for mobile and online services.
Regarding video and audio chats.
We will not monitor, record, or broadcast video or audio chat sessions at any time. However, we cannot prevent our chat partners from broadcasting live or recorded chat sessions without your permission or our permission through third-party websites or services. We encourage you to be careful when disclosing any information, personal or otherwise, during a video or chat session.
Security incident management measures.
In case of leakage, damage, loss or other security incidents of personal information, we will activate emergency plans to prevent the spread of security incidents. After a security incident occurs, we will immediately inform you about the basic situation of the security incident, as well as the handling and corrective measures that we are about to take or have taken, in the form of push notifications, emails, etc. . difficult to notify users one by one, we will issue a warning through ads and other methods.
How you can manage your information.
You can access and modify your mobile phone number information, account password and account information through [dashboard];
You can access and delete contacts and related conversation information through [dashboard];
When you discover that there are errors in our processing of information about you, you have the right to ask us to make corrections. In the process of providing services, you may need to activate some device permissions, such as notifications, photo album, camera and microphone. You can choose to disable some or all permissions in your device's [Settings] at any time to prevent iTalkYou from collecting your personal information.
You can submit an account cancellation request in the iTalkYou app yourself with the cancellation method: [dashboard]. After deleting your account, we will delete your corresponding personal information immediately. The processing of your information is usually completed within 1 business day.
Acceptable Use of Our Services.
Our Terms and Policies. You must use our Services in accordance with our posted Terms and policies. If we disable your account due to a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use.You must access and use our Services only for lawful, authorized and acceptable purposes. You will not use (or help others to use) our Services in ways that: (a) violate, misappropriate or infringe the rights of iTalkYou, our users or others, including the rights of privacy, publicity, intellectual property or copyright or other rights of property; (b) are unlawful, obscene, defamatory, threatening, intimidating, harassing, aggressive, racially or ethnically offensive, or promote or encourage conduct that would be unlawful or otherwise inappropriate, including the promotion of violent crime ; (c) involve the publication of falsehoods, misstatements or misleading statements; (d) impersonate another person; (e) involve the sending of illegal or inadmissible communications, such as bulk messaging, automated messaging, auto dialing, and similar methodologies; or (f) involve any other non-personal use of our Services unless otherwise authorized by us.
Harm to iTalkYou or our users.You must not (and must not assist others to) access, use, copy, adapt, modify, prepare derivative works of our Services, or distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in any inadmissible or unauthorized, or in ways that affect, harm or harm us, our Services, our systems, our users or others. You also must not, directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) post, store, or transmit a virus or other harmful computer code through or on our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) disrupt or interfere with the integrity or performance of our Services; (e) create accounts for our Services through automated or unauthorized means; (f) collect information about our users in any impermissible or unauthorized way; (g) sell, resell, rent or charge for our Services; or (h) distribute or make available our Services over a network where they could be used on multiple devices at the same time.
Maintain the security of your account.You are responsible for maintaining the security of your iTalkYou device and account, and you must notify us immediately of any unauthorized use or breach of security of your account or our Services.
Electronic Delivery Policy and Your Consent.You acknowledge that you are accepting these terms online and electronically. You authorize us to provide you with required notices, agreements and information related to the Service electronically. We will provide our notices to you, either by sending them to the email address you provide us or by posting the notices on the home page of the Service or on the applicable web page of the applicable service. If you wish to withdraw your consent to receive notifications electronically, you must discontinue your use of the Service.
Third Party Service.
Our Services may allow you to access, use, or interact with third-party websites, applications, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that integrate with our Services or interact with a share button on a third-party website that allows you to send information to your iTalkYou contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
Licenses.
Your rights.iTalkYou does not claim ownership of the information you submit for your iTalkYou account or through our Services. You must have the necessary rights to such information that you submit for your iTalkYou account or through our Services, as well as the right to grant the rights and licenses in our Terms.
iTalkYou Rights.We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights.
Your license to iTalkYou.In order to operate and provide our Services, you grant iTalkYou a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the information (including content) you upload. , present, store, send or receive through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as allowing us to display your profile picture and status message, transmit your messages, store undeliverable messages on our servers for up to 30 days while we attempt to deliver them, and in any other manner described in our Privacy Policy).
iTalkYou license to you.We grant you a limited, revocable, non-exclusive, non- sublicensable, non-transferable license to use our Services, subject to and subject to our Terms. This license is granted for the sole purpose of allowing you to use our Services, in the manner stipulated in our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. The scope of this license may vary depending on the purchase and/or contracting of plans and/or extra services, scopes that will be described in the details of said plans and/or services.
Third party reporting of copyright, trademark and other intellectual property rights infringement.
To report claims of third-party infringement of copyrights, trademarks, or other intellectual property rights, please visit our Intellectual Property Policy. We may terminate your iTalkYou account if you repeatedly infringe the intellectual property rights of others.
Disclaimers.
YOU CHOOSE TO USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ANY COMPUTER VIRUS OR OTHER CODE. HARMFUL. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE OR SECURE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FUNCTIONS, SERVICES AND INTERFACES PROVIDED BY OUR SERVICES. WE ARE NOT RESPONSIBLE OR OBLIGATED TO MONITOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, MANAGERS, EMPLOYEES, PARTNERS, AND AGENTS (COLLECTIVELY, THE "iTALKYOU PARTIES") FROM ANY AND ALL CLAIMS, COMPLAINTS, DEMANDS, DISPUTES, OR DISPUTES (COLLECTIVELY, "ITALKYOU PARTIES"). ") AND DAMAGES, WHETHER KNOWN OR UNKNOWN, RELATING TO, ARISING OUT OF OR CONNECTED IN ANY WAY TO ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY. WAIVERS OF ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE OR ANY SIMILAR APPLICABLE RULE OR LAW OF ANY OTHER JURISDICTION, STATED THAT: A GENERAL WAIVER DOES NOT INCLUDE CLAIMS THAT THE CREDITOR IS NOT KNOWN OR SUSPECTED TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTION OF THE WAIVER, WHICH, IF KNOWN TO HIM, SHOULD HAVE MATERIALLY AFFECTED HIS AGREEMENT WITH THE DEBTOR.
Limitation of Liability.
THE ITALKYOU PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, US, OR OUR SERVICES, EVEN IF ANY ADVISED ITALKYOU PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH OUR TERMS, US, OR OUR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE MONTHS, WHICHEVER IS HIGHER. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE ITALKYOU PARTIES' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Compensation.
You agree to defend, indemnify, and hold harmless the iTalkYou Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs) related to, arising from, or in any way connected with any of the following: : (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misstatement by you. You will cooperate to the extent required by us in order to defend or settle any Claim.
Conflict resolution.
Forum and Jurisdiction. If you are an iTalkYou user located in the United States or Canada, the "Special Arbitration Provision for United States or Canadian Users" section applies to you. Please also read this section carefully and in its entirety. If you are not subject to the "Special Arbitration Provision for United States or Canadian Users" section, you agree that you will resolve any Claim you have with us relating to, arising from, or connected in any way with our Terms, us, or our Services (referred to as , individually, "Dispute" and, collectively, "Disputes") exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County, California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such Disputes.
Current legislation.The laws of the State of Florida govern our Terms, as well as any Dispute, whether in court or arbitration, that may arise between you and iTalkYou, without regard to its conflict of law provisions.
Availability and termination of our services.
Availability of our Services. Our Services may be interrupted for maintenance, repairs or updates, which will occur after a reasonable period of time after notification to our users. If equipment or network failures occur, an attempt will be made to notify our users of the situation, indicating an estimated resolution time in the event of service interruption, taking into account that it is an unforeseen and unusual situation. We may discontinue some or all of our Services, including some features and compatibility with certain devices and platforms, and such event may be honored upon notice to our users and/or technical and/or business justification. Our Services may be affected by events beyond our control, such as natural disasters and other force majeure events.
Termination.We may modify, suspend or terminate your access to or use of our Services at any time and for any reason, for example, if you violate the letter or spirit of our Terms or cause damage or risk, or take any action that makes us legally exposed to us, our users or others. The following provisions will survive the termination of your relationship with iTalkYou: "Licenses", "Disclaimers", "Limitation of Liability", "Indemnity", "Dispute Resolution", Availability and Termination of our Services", "Other" and "Special Arbitration Provision for Users in the United States or Canada."
Others
You agree that we may take any legal and technical remedies to enforce these Terms of Use, including, without limitation, immediate termination of your account or access to any Service if we believe that in our sole discretion you are violating these Terms of Use.
Special arbitration provision for users in the United States and Canada.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS THAT APPLY ONLY TO OUR USERS IN THE UNITED STATES AND CANADA. IF YOU ARE AN ITALKYOU USER LOCATED IN THE UNITED STATES OR CANADA, THIS SECTION REQUIRES YOU TO SUBMIT ALL DISPUTES TO MANDATORY ARBITRATION EXCEPT THOSE INVOLVING INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE WHICH MAY BE SUBMITTED TO SMALL CLAIMS COURT. THIS MEANS THAT YOU GIVE UP YOUR RIGHT TO HAVE ANY SUCH DISPUTE RESOLVED IN COURT BEFORE A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO INITIATE AN ARBITRATION OR, IF PERMITTED, A COURT ACTION. FINALLY, THIS SECTION IS A WAIVER OF YOUR RIGHT TO HAVE THE DISPUTE TREATED AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
"Dispute Released" means any Dispute related to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, such Disputes relating to, arising out of, or in any way connected with your privacy and publicity rights are not exempt Disputes.
Federal arbitration law.United States federal arbitration law governs the interpretation and application of the "Special Arbitration Provision for United States or Canadian Users" section, including all questions about whether a Dispute between you and iTalkYou is subject to arbitration.
Arbitration Agreement for iTalkYou Users Located in the United States and Canada.For iTalkYou users located in the United States or Canada, both you and iTalkYou agree to waive the right to a trial by judge or jury for all Disputes, except for the Exempt Disputes. You and iTalkYou agree that all Disputes (except for the Exempt Disputes), including those relating to, arising out of, or in any way connected with your privacy and publicity rights, will be resolved by final and binding arbitration. You and iTalkYou agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms. The arbitration will be administered by the American Arbitration Association (AAA) under its commercial arbitration rules in effect at the time the arbitration is initiated, including the optional rules for emergency measures of protection and the supplemental procedures for disputes related to consumers (collectively, the "AAA Rules"). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiation of a Dispute, and a description of the arbitration process can be found at www.adr.org. The arbitrator will decide if a Dispute can go to arbitration. The location of the arbitration and the allocation of fees and costs for such arbitration will be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all AAA administrative fees in Disputes that are subject to the supplemental procedures for consumer-related disputes, unless the arbitrator determines that a Dispute was brought for the purpose of harassment or is completely unfounded.
Exclusion procedure.You may reject this arbitration agreement. In that event, neither you nor we can require the other to participate in an arbitration proceeding. To reject this agreement to arbitrate, you must notify us in writing by letter postmarked within 30 days of: (i) the date you first accepted our Terms; or (ii) the date you submitted to this arbitration provision, whichever is later. You must use this address to express your rejection:
iTalkYou Com LLC.
1500 Weston Road, Suite 200
Weston, Florida 33326
United States of America.
You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you reject the arbitration agreement of our Terms.
Small Claims Court.As an alternative to arbitration, if the rules of your local "small claims court" allow it, you may bring your Dispute to your local "small claims court," as long as the matter proceeds on an individual (not class) basis.
Deadline for initiating arbitration.You and we both agree that for any Dispute (except for Exempt Disputes) we must commence arbitration within one year from the date such Dispute first arose; otherwise, said Conflict will prescribe. This means that if you or we do not initiate the arbitration within one year after the Dispute arose, the arbitration will be dismissed as having been commenced too late.
Class actions, class arbitrations, or representative actions are not permitted for users located in the United States or Canada.Both you and we agree that if you are an iTalkYou user located in the United States or Canada, you and we may bring Disputes against each other only on our own behalf and not on behalf of any other person or entity, or no class of people. You and we each agree not to participate in a class action, class arbitration or Dispute administered by a private attorney general or in a representative capacity or consolidated Dispute related to any other person or entity in connection with any Dispute.
Divisibility.If the prohibition against class action lawsuits and other Disputes brought on behalf of third parties is found to be inapplicable to a Dispute, all of the foregoing provisions under the "Special Arbitration Provision for United States or Canadian Users" section shall be null and void in as for said Conflict.
Forum for authorized legal actions.If you choose to reject the arbitration agreement, if your Dispute is an Exempt Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be bound by the "Forum and Jurisdiction" provisions found in the "Dispute Resolution" section above.
Rescission.Your right to use the Service automatically terminates if you violate these Terms of Use or any posted rules or guidelines in connection with the Service. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice.
Contact us.
All correspondence received (written or electronic inquiries) is classified as restricted access information and cannot be disclosed without your written consent. Personal data and other information about you may not be used without your consent for any purpose other than responding to the inquiry, except as expressly provided by law. iTalkYou Com LLC is located at 1500 Weston Rd, Suite 200 Weston, FL 33326 United States. We are strongly committed to protecting users' personal information under national data protection standards. If you have any questions or concerns about our Terms of Service and/or our Privacy Policy or data processing, please contact us, contact email:intico@inticousa.com
iTalkYou Privacy Policy
Respect for your privacy is part of our essence. At iTalkYou, we aspire to develop our services with a set of strong privacy principles in mind.
iTalkYou provides shipping, calling over VoIP, Video Conferencing and other services to users around the world. Our Privacy Policy helps explain our information practices (including messaging). For example, we discussed the information we collect and how this affects you. We also explain the measures we take to protect your privacy, such as building iTalkYou so that delivered messages are not stored and giving you control over who you communicate with on our services.
When we say "iTalkYou", "our", "we" or "our" we mean iTalkYou COM LLC, developer and owner of iTalkYou. This Privacy Policy ("Privacy Policy") applies to all of our applications, services, features, software, and website (collectively, "Services") unless otherwise noted.
This privacy policy has been compiled to better serve those who are concerned about how their "Personally Identifiable Information" (PII) is being used online. PII, as described in United States information security and privacy law, is information that can be used by itself or with other information to identify, contact, or locate a single person, or to identify a individual in context. Please read our privacy policy carefully to gain a clear understanding of how we collect, use, protect or otherwise handle your personally identifiable information in connection with our services. We do not verify user information received from you, except when such verification is necessary for us to fulfill our obligations to you.
Please also read the iTalkYou Terms of Service ("Terms"), which describe the terms that govern your use of our Services.
Information Collected.
In making the Services available, we, acting reasonably and in good faith, believe that you: (a) have all rights to register and use the Services; (b) provide true information about yourself to the extent necessary for the use of the Services; (c) understand that by posting your personal information (in chats (channels) you have manifestly made this information public, and this information may be available to other users of the Service, may be copied and disseminated by them; (d) understand that some types of information transferred by you to other users of the Service cannot be deleted by you or us (e) knowing and accepting this Privacy Policy installation, access or use of our Services.
Information You Provide.
Information Collected Automatically.
Third Party Information.
How we use information.
We use all the information we have to help us operate, provide, improve, understand, personalize and market our Services, as well as offer support services for our Services.
Information that you and we share.
You share your information as you use and communicate through our Services, and we share your information to help us operate, improve, understand, personalize, support, and market our Services.
Privacy settings.
The Services may contain links to sites operated by third parties. We are not responsible for your data privacy when you access these links or interact with third party services and you should ensure that you review the applicable third party's privacy statement which will govern your data privacy rights.
We do not assume any responsibility for the actions of third parties that, as a result of your use of the Internet or the Services, obtain access to your information in accordance with the level of confidentiality selected by you. We do not assume any responsibility for the consequences of the use of the information that, due to the nature of the Services, is available to any user of the Internet. We ask that you take a responsible approach to the scope of your information posted on the Services.
Assignment, change of control and transfer.
All rights and obligations set forth in our Privacy Policy are freely assigned to any of our affiliates, in connection with a merger, acquisition, restructuring or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities or new owners.
Management of your information.
If you want to manage, change, limit or delete your information, we allow you to do so through the following tools:
Legislation and protection.
We may collect, use, retain, and share your information if we believe in good faith that it is reasonably necessary to: (a) respond to applicable laws or regulations, legal process, or government requests; (b) enforce our Terms or any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent and address fraud and other illegal activities or technical or security issues; or (d) protect the rights, property, and safety of our users, iTalkYou, the IntiCo family of companies, or others.
Data Protection.
We have taken extensive technical and organizational measures to protect your data against potential risks, such as unauthorized login or access, unauthorized reading, modification or distribution, and against loss, deletion or misuse.
To protect your personal data from unauthorized access by third parties when it is transmitted, we secure data transmissions, if necessary, using SSL and TLS encryption. This is a standard encryption procedure for mobile and online services.
Our global operations.
You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer to and processing of your information in the United States and other countries globally where we have or use facilities, service providers or partners, regardless of where you use our Services.
The countries to which we transfer your data may not have the same data protection laws as your jurisdiction. We take reasonable cyber security measures and/or implement Standard Contractual Clauses (eg Model Clauses, Data Processing Agreement/Addendum) to ensure that your data is adequately protected. Therefore, you acknowledge that the laws, regulations and regulations of the country in which your information is stored or processed may be different from those that apply in your own country.
Updates to our policy.
We may modify or update our Privacy Policy. We will notify you of changes to this Privacy Policy, as appropriate, and will update the "Last Modified" date at the top of this Privacy Policy. By continuing your use of our Services, you confirm your acceptance of our Privacy Policy, with any modifications. If you do not agree to our Privacy Policy and its changes, you must stop using our Services. Please review our Privacy Policy from time to time.
Contact us.
All correspondence received (written or electronic inquiries) is classified as restricted access information and cannot be disclosed without your written consent. Personal data and other information about you may not be used without your consent for any purpose other than responding to the inquiry, except as expressly provided by law. iTalkYou Com LLC is located at 1500 Weston Rd, Suite 200 Weston, FL 33326 United States. We are strongly committed to protecting users' personal information under national data protection standards. If you have any questions or concerns about our Privacy Policy or data processing, please contact us, contact email:intico@inticousa.com
iTalkYou COM LLC is committed to helping people and organizations protect their intellectual property rights. Our users accept our Terms of Service (“Terms”) by installing, accessing, or using our applications, services, characteristics, software, and website (jointly referred to as “Services”). Our Terms do not allow our users to infringe upon or violate anyone else's intellectual property rights, including their copyright or trademarks.
As explained in more detail in our Privacy Policy, we gather messages from our users in the normal course of the operation of our services. We do, in addition, keep information from the accounts of our users, including the profile photos of our users, profile name, or status message, if they decide to include it as part of their account information.
Copyright
To report a copyright violation and request that iTalkYou eliminate any content that it has (such as an iTalkYou user's profile photo, profile name, or status message), please send a violation notice to the following email address: contacto@italkyou.com (including all of the information noted below). You can also send a violation notice by mail to our copyright agent.
iTalkYou Com LLC.
1500 Weston Road, Suite 200
Weston, Florida 33326
United States of America
contacto@italkyou.com
Prior to reporting a copyright violation, you may want to consider sending a message to the iTalkYou user that you believe could be infringing on your copyright. It may be possible to resolve the issue without having to contact iTalkYou.
Trademarks
To report a trademark infringement and request that iTalkYou eliminate any content that it has, please send an infraction notice to the following email address: contacto@italkyou.com (including all of the information noted below).
Prior to reporting a trademark infringement, you may want to consider sending a message to the iTalkYou user that you believe could be infringing on the trademark. It may be possible to resolve the issue without having to contact iTalkYou.
What you should include in your copyright and trademark infringement notice
Please include the following information when you report a copyright or trademark violation to iTalkYou:
1.CHARGES
1.1 Calling phones and premium rate numbers with iTalkYou Credit:
(i) Calling landlines and mobiles: The charges payable for calling phones (outside of a subscription) consist of a connection fee (charged once, per call) and a per-minute rate as set out on https://www.italkyou.com/business.asp. All calls will be disconnected and require a re-dial after a 2-hour duration and an additional connection fee will be charged on re-dial.
(ii) Premium rate numbers: The charges payable for calling premium rate numbers consist of a per-minute rate available at https://www.italkyou.com/business.asp. No connection fee is payable.
(iii) iTalkYou may change the rates for calling phones and premium rate numbers at any time without notice to you by posting such change at https://www.italkyou.com/tarifas_telefonica.asp. The new rate will apply to your next use after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
(iv) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. Any fractional currency unit charges will be rounded up to the nearest whole minimum currency unit, for example a total call price of $0.00036 will be rounded up to $0.0004. Charges incurred will be deducted automatically from the iTalkYou Credit balance in your User Account.
1.2 Charges for other Paid For Products: The charges for other Paid For Products will be confirmed to you before you complete a purchase from iTalkYou. iTalkYou may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published. Fractional currency unit charges for SMS usage will be rounded up to the nearest whole minimum currency unit. For example a total call price of $0.00036 will be rounded up to $0.0004.
1.3 Promotional Offers: From time to time, iTalkYou may offer Paid-For Products for free for a trial period. iTalkYou reserves the right to charge you for such Products (at the normal rate) in the event that iTalkYou determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
1.4 Tax: All prices for Paid For Products are inclusive of applicable taxes, including VAT, unless otherwise stated. You explicitly waive any right to VAT reimbursement from iTalkYou if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you. The territories in the EU set out below are outside the scope of EU VAT under Council Directive 2006/112/EC on the common system of VAT, as amended. The iTalkYou Website does not enable users in such territories to take advantage of this VAT exemption and we therefore do not provide the Products in such territories: Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland Island, Büsingen / Buesingen Territory, Ceuta, Melilla, Livigno, Campione d'Italia and Italian Waters of Lake Lugano.
1.5 Third-Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
2. PAYMENT2.1 iTalkYou Credit. You can pay for select Paid-For Products using iTalkYou Credit. You can purchase iTalkYou Credit using any payment method made available to you by iTalkYou from time to time. The iTalkYou Credit that you purchase will be credited to your User Account at the time of purchase (or if you are using a iTalkYou Credit voucher, at the time you redeem that voucher).
2.2 Other payment methods. iTalkYou does not guarantee that you will be able to use your iTalkYou Credit balance to purchase all Products. Where iTalkYou Credit cannot be used to pay for a Product, iTalkYou will make another payment method available to you. iTalkYou reserves the right to remove or amend the available payment methods at its sole discretion.
2.3 Recurring Payments. Where you purchase Products on a subscription basis (monthly, every 3 months or annually (as applicable)), you acknowledge and agree that this is a recurring payment and payments shall be made to iTalkYou by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by iTalkYou.
2.4 Auto-Recharge.
(a) You can enable the Auto Recharge feature when you buy iTalkYou Credit by ticking the appropriate box. If enabled, your iTalkYou Credit balance will be recharged with the same amount and by the same payment method chosen when you first sign up for Auto-Recharge. For example, if you purchase 10 Euros of iTalkYou Credit with your credit card, the recharge amount charged to your credit card will also be 10 Euros of iTalkYou Credit. In future the same amount will be charged to your credit card every time your iTalkYou account balance goes below the threshold set by iTalkYou from time to time.
(b) If you purchased a subscription with a payment method other than credit card or PayPal, and you have enabled Auto-Recharge, your iTalkYou Credit balance will be recharged with the amount necessary to purchase your next recurring subscription.
(c) You can disable Auto-Recharge at any time by accessing and changing your settings in your User Account.
3. REFUND POLICY3.1 When you purchase Paid-For-Products directly from iTalkYou you will be entitled to a cancellation period of fifteen (15) days (a “Cooling-Off Period”) unless you have made use of the Paid-For-Products in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded.
3.2 Outside of the Cooling-Off Period, only subscriptions are refundable unless used or expired.
3.3 Expenditure of iTalkYou Credit, allocation of a iTalkYou Number, or use of any aspect of a subscription amounts to “use” of a Paid-For-Product. You hereby expressly agree that iTalkYou Numbers may be allocated before the end of the Cooling-Off Period and become non-refundable upon allocation.
3.4 The Cooling-Off Period and refunds do not apply to Paid-For-Products that are (i) purchased via a third party partner of iTalkYou (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from iTalkYou (e.g. vouchers or pre-paid cards) (iii) paid for in cash using third party payment methods (such as a cash payment wallet or iTalkYou Reseller) and (iv) paid for and allocated to your iTalkYou Account by a iTalkYou Manager administrator or another iTalkYou user. They also do not apply to Membership of iTalkYou Developer.
3.5 If, within the Cooling-Off Period, you wish to cancel and obtain a refund for a Paid-For-Product which (i) has not been “used” in accordance with Section 10.3 and (ii) does not fall within Section 10.4, you can complete our Withdrawal Form found. For more information on how to complete the Withdrawal Form feel free to contact us.
3.6 If you believe that iTalkYou has charged you in error, you must contact iTalkYou Customer Services within 60 days of such charge. No refunds will be given for any charges more than 60 days old.
3.7 iTalkYou reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if iTalkYou reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
3.8 This refund policy does not affect your statutory rights.
