Terms of Service

1. Operator and Identification

In accordance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), the operator of the Service is:

[Nombre legal completo del titular — pendiente], a sole-trader natural person established in Spain (hereinafter, the “Operator”, “we”, “us”, or “Talq AI”). Tax ID (NIF): [NIF — pendiente]. Address for service: [Domicilio postal para notificaciones — pendiente]. Contact: support@talqai.app. Website: https://talqai.app.

2. Acceptance and Scope

These Terms of Service (the “Terms”) form a legally binding agreement between you (the “User”, “you”) and the Operator and govern your access to and use of the Talq AI website at https://talqai.app, the Talq AI mobile application for iOS and Android, the waitlist, subscriptions, and any related services (collectively, the “Service”).

By accessing, registering for, downloading, or using the Service, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Where you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, in which case “you” refers to that organization.

3. Eligibility

• You must be at least thirteen (13) years old, or sixteen (16) in jurisdictions of the European Economic Area and the United Kingdom where the law sets that minimum digital-consent age (Spain’s LOPDGDD sets it at fourteen (14)). Users below the legal minimum may use the Service only with verified parental or guardian authorization where the law allows it.
• You must have full legal capacity to enter into a binding contract under the law of your country of residence.
• You must not be barred from receiving services under applicable Spanish, EU, US, or other applicable law (including export control or sanctions law).
• You agree to provide accurate registration information and to keep it current.

4. The Service

The Service is an AI-powered language-learning platform that may include real-time voice and text conversations with AI characters, scenario generation, level estimation, personalized plans, progress and streak tracking, feedback, and related features. Specific features depend on your plan, region, device, and on changes we may make from time to time.

The Service is provided for educational and productivity purposes. It is not a substitute for certified language teaching, professional translation, legal, medical, mental-health, financial, or emergency advice. Do not rely on the Service for high-stakes decisions.

5. Accounts and Security

• You are responsible for all activity under your account and for keeping your credentials confidential.
• You must notify us immediately at the support contact below if you suspect unauthorized access to your account.
• You must not share, transfer, sell, or sublicense your account.
• We may require additional verification for sensitive actions (account deletion, billing changes, suspected abuse).

6. Subscriptions, Billing, and Auto-Renewal

Some features require a paid subscription. The price, billing period, and any introductory offer are disclosed at the point of purchase before you confirm.

Subscriptions purchased inside the App are processed by Apple (App Store) or Google (Google Play) acting as the seller of record. Subscriptions automatically renew at the then-current price for the same billing period unless you cancel at least 24 hours before the end of the current period. Auto-renewal can be turned off at any time through your Apple ID Subscriptions settings (iOS) or your Google Play Subscriptions settings (Android).

You authorize the relevant app store to charge the payment method on file at each renewal. We do not have access to your payment instrument; refund and billing disputes for in-app purchases are governed by the policies of the relevant app store, without prejudice to your statutory rights.

We may change subscription prices and plans for future billing periods. Where required by law, we will provide reasonable advance notice and an opportunity to cancel before the change takes effect.

7. Free Trials and Promotions

We may offer free trials, introductory pricing, or promotional discounts. Eligibility, duration, and conditions are disclosed at the time of the offer. Unless stated otherwise, a free trial converts to a paid subscription automatically at the end of the trial period if you do not cancel before that date.

Each user is entitled to one free trial per platform unless we communicate otherwise. We may revoke trial access for fraud or abuse.

8. Right of Withdrawal (EU / EEA / UK Consumers)

If you are a consumer resident in the European Union, the European Economic Area, or the United Kingdom, you have the right to withdraw from a paid contract within fourteen (14) days from the date of contract formation, without giving any reason, under Directive 2011/83/EU and the Spanish Royal Legislative Decree 1/2007 (TRLGDCU).

However, by purchasing a digital subscription and starting to use it during the withdrawal period, you expressly request that we begin performance of the contract immediately and acknowledge that you lose the right of withdrawal once the digital service has been fully supplied or once you have begun the streamed/real-time use of paid features (Articles 16(m) and 102 TRLGDCU). For purchases made through the Apple App Store or Google Play, you may also have additional refund rights under those stores’ policies.

To exercise the right of withdrawal where it remains available, send a clear statement to legal@talqai.app including your full name, account email, purchase reference, and platform of purchase. A model withdrawal form is available on request.

9. Acceptable Use

• Do not use the Service in violation of any applicable law or to infringe the rights of others.
• Do not harass, threaten, defame, impersonate, sexually exploit, or solicit personal information from minors through the Service.
• Do not generate, request, or share content that is illegal, depicts child sexual abuse material, incites violence or terrorism, or constitutes hate speech.
• Do not attempt to gain unauthorized access to any part of the Service, other accounts, or our infrastructure.
• Do not reverse-engineer, decompile, scrape, or interfere with the Service, except to the extent these restrictions are prohibited by mandatory law.
• Do not use bots, scripts, or automated means to access, abuse, or extract data from the Service in a manner not expressly authorized.
• Do not submit prompts designed to extract system instructions, jailbreak the AI, or cause it to violate these Terms or applicable law.
• Do not submit content that you do not have the legal right to use, or that contains malware or other harmful code.

10. User Content and License

You retain any rights you may have in the content you submit (text, audio, prompts, preferences). You grant the Operator a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, transmit, transcribe, and modify your content strictly to operate, secure, support, and improve the Service. The license terminates when your content is deleted, except for limited retention as described in the Privacy Policy.

We do not use your content to train public foundation models. Aggregate, de-identified data may be used for product analytics and quality improvement.

11. AI and Educational Disclosures

The Service relies on third-party AI models and speech systems. AI-generated outputs may be incomplete, inaccurate, biased, delayed, or otherwise inappropriate. You are responsible for evaluating the suitability of any output before relying on it.

The Service is provided for self-directed language practice and is not certified instruction. We do not guarantee specific learning outcomes, fluency levels, or exam results.

In line with Article 50 of Regulation (EU) 2024/1689 (the EU AI Act), we inform you that you are interacting with an AI system; certain outputs may be marked as AI-generated where required.

12. Intellectual Property

The Service, including the brand “Talq AI”, the website, the mobile application, the underlying software, scenarios, designs, illustrations, copy, sounds, and other materials, is owned by the Operator or its licensors and protected by Spanish, EU, and international intellectual-property laws.

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on devices you own or control, and to access the Service for personal, non-commercial purposes.

All rights not expressly granted are reserved.

13. Third-Party Services and Content

The Service relies on third-party platforms (Apple, Google, Supabase, LiveKit, Deepgram, Inworld, Groq, OpenRouter, OpenAI, RevenueCat, PostHog, Sentry, Resend, Vercel, among others). Their terms and privacy policies may apply to your use of the corresponding components. We are not responsible for the content, services, or practices of third parties.

14. App Store and Google Play Specific Terms

15. Changes to the Service

We may add, modify, suspend, or discontinue features of the Service at any time, particularly during early-access or beta periods. Where a change has a material adverse impact on a paid feature you have purchased, we will provide reasonable notice and, where required by law, a pro-rated refund or equivalent remedy.

16. Termination

You may stop using the Service and delete your account at any time. Account deletion is also available through the public resource at https://talqai.app/account-deletion.

We may suspend or terminate your access immediately if you materially breach these Terms, create risk for the Service or other users, or where required by law. Where reasonable and lawful, we will give prior notice and an opportunity to remedy the breach.

Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, governing law, and dispute resolution) will survive.

17. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure, error-free, or meet your learning goals.

Nothing in this section limits any non-waivable warranty or consumer right you may have under mandatory law (including Spanish TRLGDCU and Directive (EU) 2019/770).

18. Limitation of Liability

To the maximum extent permitted by applicable law, the Operator will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunity, arising out of or related to the Service.

To the maximum extent permitted by law, the Operator’s aggregate liability for all claims arising out of or relating to the Service in any twelve-month period will not exceed the greater of (a) the amount you paid the Operator for the Service in that period, or (b) fifty euros (EUR 50).

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or non-waivable consumer rights.

19. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Operator from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, or your infringement of any third-party right. This clause does not limit consumer rights that cannot be waived under mandatory law.

20. Force Majeure

The Operator is not liable for failure or delay in performance caused by events beyond its reasonable control, including outages of communications, internet, hosting, AI, or speech providers, governmental measures, natural events, labor disputes, or cybersecurity incidents.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of Spain, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Disputes will be submitted to the courts of the Operator’s domicile in Spain.

If you are a consumer, this clause does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence (including, where applicable, the right to bring proceedings in the courts of your domicile under Regulation (EU) 1215/2012).

22. Dispute Resolution and Online Dispute Platform

Before bringing a formal dispute, please contact us at legal@talqai.app so we can try to resolve the matter amicably.

If you are a consumer resident in the European Union, you also have access to the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr. The Operator is not currently affiliated with any specific consumer arbitration body.

23. Miscellaneous

• If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
• Our failure to enforce any right or provision is not a waiver of that right or provision.
• You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets, subject to equivalent obligations.
• These Terms, together with the Privacy Policy and any plan-specific terms or store EULAs incorporated by reference, constitute the entire agreement between you and the Operator regarding the Service.

24. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top reflects the latest version. If changes are material, we will provide reasonable advance notice through the Service or by email where appropriate. Continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms. Where required by law, you may need to re-accept the updated Terms before continuing to use the Service.

25. Contact

Legal: legal@talqai.app.

Support: support@talqai.app.

Postal address: [Domicilio postal para notificaciones — pendiente].