TLKR

Terms & Conditions

Effective Date: December 11, 2023

Greetings from TLKR! We're delighted you're here to explore our offerings. These are our terms of service, governing all interactions with the services provided by TLKR. Please review them thoughtfully. By accessing or using any of our websites or services, you affirm your agreement to these terms.

1. Overview

These Terms of Service (“Terms”) are applicable to all use of TLKR websites, features, and services (collectively, “Services”). For detailed descriptions of the Services, refer to Section 3. TLKR offers these Services under the condition of your unmodified acceptance of the Terms, alongside other operational rules and policies available on its website, including privacy policies (collectively, the “Agreement”). By accessing our Services, you confirm reaching the age of majority or, if a “Minor,” having obtained parental or legal guardian permission. If you are a parent or legal guardian of a Minor, you agree to bind them to these Terms.
PLEASE THOROUGHLY REVIEW THIS AGREEMENT. BY ACCESSING OR USING TLKR’S SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT, CREATING A LEGALLY BINDING COMMITMENT BETWEEN YOU AND TLKR. IF YOU DISAGREE WITH ANY PART OF THE AGREEMENT OR IF YOU DON'T INTEND TO COMPLY WITH THESE TERMS, PLEASE REFRAIN FROM ACCESSING OR USING ANY TLKR SERVICE; CLOSE YOUR INTERNET BROWSER WINDOW IMMEDIATELY.
We retain the right to modify these Terms periodically, with any revisions superseding prior versions. Updates will be posted on this website. If you've registered an account with us, modifications will be outlined in an email sent to your account-associated address. Unless otherwise indicated, they become effective on the date specified at the top of the Terms. Material modifications to Services or subscribed Service prices will be notified via email at least 30 days before the change, allowing you to cancel your subscription if you disagree with such changes.

2. The Parties

2.1 Definitions: In this Agreement, “we,” “us,” or “our” denotes TLKR. “You,” “your,” and “Customer” refer to you personally unless you access or use our Services on behalf of an organization without an existing contract with TLKR governing your actions. In this case, you accept the Terms for the organization, representing your authority to bind them. If the organization has a separate contract with TLKR governing your access, it prevails over these Terms.
2.2 Affiliates: An “affiliate” in this Agreement is an entity or person controlled by, controlling, or under common control with a party. Each party is responsible for its affiliates’ acts and omissions related to this Agreement.

3. The Services

Services include Mobile Applications allowing users to access TLKR Services via mobile devices. You are granted a limited, non-exclusive, non-transferable, revocable license to download and use Mobile Applications for personal use. Usage restrictions apply. Upgraded versions may be issued, subject to automatic upgrading. These Terms govern all upgrades. Specific terms apply to iOS and Android Apps.
For iOS Apps:

Terms apply between you and TLKR.
Comply with Apple’s App Store Terms.
TLKR solely responsible; Apple has no warranty obligation.
Claims related to the App governed by these Terms.
You are not located in a U.S. embargoed country.
Compliance with third-party terms when using the iOS App.
Apple is a third-party beneficiary to these Terms.

For Android Apps:

Terms apply between you and TLKR.
Compliance with Google’s Play Store terms.
Google is only a marketplace provider.
Google is a third-party beneficiary to these Terms.

Responsibility for compliance with these Terms when accessing and using Mobile Applications lies with you. Ensure all necessary equipment and services are maintained.

4. Service Accessibility

TLKR's services, as described on our sites, may vary in availability across countries or regions, under different trademarks and regulations. Users outside the United States are solely responsible for compliance with local laws when using our services.
Transmission routes for messages initiated by you vary in reliability and support for special features. You're responsible for maintaining the necessary equipment and paying access charges. TLKR ensures correct processing and transmission to the network but disclaims responsibility for the final delivery, as it lies with downstream carriers.
Text messages and voice broadcasts are transmitted via major telecom companies; however, delivery times depend on network factors. TLKR commits to reasonable efforts but doesn't guarantee specific delivery times. Messages undelivered within the carrier's assigned lifetime will be discarded without notice. TLKR isn't liable for losses due to delivery failures, and message contents are considered to have zero value.

5. Data Storage and Usage

5.1 Privacy Commitment:
By using our services, you acknowledge and agree to our Privacy Policy and Services Privacy Policy. Failure to accept these policies requires immediate cessation of service use.
5.2 Data Deletion:
While our platform may host customer data, continued hosting is not guaranteed. We may periodically delete data without liability for resulting damages, losses, or consequences.

6. Additional Features

We may provide third-party Add-ons on our platform, subject to these terms.

7. Your Account

To use TLKR's services, create an account with accurate information. You're responsible for all authorized or unauthorized use under your account and maintaining account confidentiality. Notify us promptly of any unauthorized access, and take precautions to prevent unauthorized use. Report any suspected fraudulent or illegal activities, which may lead to account suspension or termination at TLKR's discretion. Suspected activities may be reported to law enforcement.

8. Compliance with Legal Standards

You commit to using TLKR Services in adherence to applicable guidelines, state and federal laws. To ensure compliance, we may periodically review your messages and broadcasts. You're required to confirm that communications with your Contacts comply with the law, including obtaining necessary notices and consents. This encompasses adherence to laws like TCPA, CAN-SPAM, CCPA, and other industry standards. Emergency calls (e.g., 911) are not supported, and individuals on the Do-Not-Call (DNC) list should be promptly added to your DNC accounts list.

8.1. Legal Representation
When using TLKR for communication, you assert that you comply with all laws, have obtained necessary consents, and adhere to regulations and standards. You acknowledge that Services do not support emergency calls. You agree to immediate DNC status inclusion and refrain from messaging individuals on the DNC list.
8.2. Understanding and Compliance with Laws
You agree to understand and comply with local, state, national, and international laws. This includes responsibilities for messages, broadcasts, and campaigns under your account, considering legal requirements from entities such as FTC, FCC, and the National DNC Registry.
8.3. Prohibited Uses
You acknowledge that TLKR Services are for professional use only. Prohibited activities include sending unsolicited messages, engaging in misleading practices, transmitting objectionable material, and interfering with networks. You're responsible for legal contact information in outbound campaigns and providing sound files. TLKR is not liable for misuse or content in messages. You agree that TLKR is not responsible for the views and opinions in your broadcasts, transmitting them in good faith.

9. Additional Limitations

9.1. Emergency Services Usage
Using our Services for Emergency Services is prohibited.
9.2. Reverse Engineering
Reverse engineering, decompiling, or attempting to derive the source code of our software is prohibited.
9.3. Reclaiming Phone Numbers
We reserve the right to reclaim unutilized or underutilized phone numbers, providing notice where possible. Reclaiming may occur if an account is suspended or if a free trial account is unused for over 30 days.
9.4. Customer of Record
TLKR is the "customer of record" for all phone numbers provided. We may refuse to allow porting of phone numbers at our discretion unless required by law.

10. Content Submission

10.1. Confidential or Proprietary Information
Information provided to TLKR, excluding data essential for Service use, is not deemed confidential or proprietary. You should refrain from sending such information via TLKR Sites or associated email addresses.
10.2. Your Rights in the Information
By providing information, you warrant that you have the necessary rights and that it doesn't infringe third-party rights. You grant TLKR an irrevocable license to use, reproduce, and distribute the provided information. However, TLKR isn't obligated to use or reproduce such material.
10.3. Online Forums
Participation in TLKR's online forums must adhere to legal and appropriate usage. TLKR reserves the right to edit or delete forum postings without obligation. The company holds no responsibility for content created by users in online forums.

11. Intellectual Property

11.1. Customer Right to TLKR Intellectual Property
Access to TLKR Services is granted for specific purposes only. You are licensed to use the Services but not granted intellectual property rights. All proprietary rights remain with TLKR or its licensors. Unauthorized use, reproduction, or reverse engineering is prohibited.
11.2. Compliance with Digital Millennium Copyright Act (DMCA)
TLKR complies with the DMCA, responding to infringement notices. Copyright owners must follow the DMCA guidelines to request content removal. TLKR is not responsible for content on third-party websites.
11.3. Filing a Notice of Infringing Material Under DMCA
To file a notice of infringing material on an TLKR Site, provide specific details to identify the alleged infringement. Include contact information, a statement of good faith belief, and a physical or electronic signature. Email this notice to [email protected].

12. Communications About TLKR Services

12.1. Newsletters
Email addresses used for new TLKR accounts are added to the TLKR newsletter, excluding ClubTexting.com. Unsubscribe requests for newsletters can be sent to [email protected]. Separate opt-in is required for the ClubTexting.com newsletter.
12.2. Communications About Our Services
TLKR may contact you through calls, text messages, or email regarding your account, transactions, or requested Services. Periodic alerts related to TLKR Services may be sent if you've agreed separately.

13. Payments

Your use of TLKR Services is contingent on payment as indicated on the TLKR Sites. Charges include sales taxes, and adjustments may be made to account for factors beyond TLKR's control. Prices may be adjusted, and you are responsible for additional taxes.
AUTOMATIC RENEWAL: Your subscription will be automatically renewed unless canceled. You can cancel your subscription at any time, and changes in pricing will be communicated in advance. TLKR may proceed with collection efforts for nonpayment, and costs incurred during these efforts will be recoverable.

14. Credits

14.1. Using Credits
Credits, as paperless vouchers, facilitate the transmission of selected TLKR Services. Transmission costs vary based on the chosen route and destination. Credit values may change over time, and you acknowledge that the number of credits needed may fluctuate. Pricing information is provided beforehand on the Pricing Pages of TLKR Sites. Message submission deducts credits, and your account status can be checked in real-time through the online interface.
14.2. Expiration of Credits and Prepaid Minutes
Monthly plan credits not used within the month expire, unless specified otherwise. Non-monthly plan credits purchased individually expire after 12 months. Credits follow a first-bought, first-to-expire basis, with unused value forfeited upon expiration. Prices, per-minute rates, and billing increments may change, and a refund for unused non-monthly plan credits is available within one business day of purchase.
14.3. Right to Offer Customized Plans
TLKR may offer customized plans at its discretion, with individualized terms regarding credit expiration, billing cycles, account maintenance fees, and other agreed-upon terms. Pricing for these plans may not be publicly listed on TLKR Sites.

15. Fee Disputes

Disputes about fees must be notified in writing within ninety (90) days of the charge. Both parties will work to resolve the dispute promptly. Failure to provide notice within this period waives the right to dispute fees.

16. No Warranty; Limitation of Liability

TLKR may modify, suspend, or discontinue Services without prior notice. While security measures are employed, TLKR doesn't guarantee data security. Text messages and voice broadcasts are transmitted unencrypted, and TLKR recommends secure communication for sensitive information. The Services are provided "as is" and "as available," without warranties. TLKR is not liable for interruptions, errors, or data loss.

17. User Warranties; Indemnification

You warrant the right to agree to these Terms and comply with obligations. Full compliance with applicable laws, including the TCPA, is required. You indemnify TLKR against losses arising from your activities or violations of laws.

18. Termination, Cancellation, and/or Suspension by TLKR

TLKR may suspend, terminate, or cancel your use of Services for breaches. Suspension may occur at any time for reasons hindering service provision. Upon termination, accrued obligations remain, and you must cease using the Services. Provisions on ownership, payments, warranties, and indemnifications survive suspension or termination. Refunds for unused credits may be provided at TLKR's discretion, minus incurred expenses.

19. Termination by You

You have the freedom to terminate or cancel your use of Services at any time and for any reason. Regardless of your plan, cancellation can be done by logging into your account, accessing the Billing option, and clicking on the Cancel My Account text link. Unless due to a breach solely by TLKR not cured within thirty (30) days of notice receipt, TLKR is not obligated to refund the reasonable value of any unused credits previously purchased by you.

20. Links to Other Websites

TLKR Sites may contain links to third-party websites. Provided as a convenience, these links are not an endorsement by TLKR of third-party website contents. TLKR is not responsible for linked third-party website content accuracy. Your interaction with these sites is at your own risk. TLKR does not endorse products/services from third-party websites and makes no representations about their security practices. Links to TLKR Sites must adhere to specified requirements, and TLKR reserves the right to revoke link consent at its discretion.

21. Security Rules

You are prohibited from violating TLKR Services' security. Unauthorized access, probing, interference, and unsolicited emails are prohibited. Violations may result in civil or criminal liability. TLKR may investigate violations, cooperating with law enforcement authorities if necessary.

22. Force Majeure

TLKR is not liable for failure or delay in performing obligations due to events beyond its control, including acts of God, war, terrorism, government actions, and other unforeseen circumstances. TLKR is excused if it cannot obtain necessary materials for Service performance.

23. Choice of Law

The Federal Arbitration Act governs the enforceability and interpretation of the arbitration agreement in Section 25. Other than the arbitration agreement, the Terms are governed by the substantive law of the State of Texas, without regard to conflict of law principles.

24. Agreement to Arbitrate

Please carefully read this section as it affects your rights. Disputes between you and TLKR shall be resolved by binding arbitration. This agreement applies to all claims under any legal theory and continues to apply after you stop using Services.

24.1. We Both Agree to Arbitrate
Both parties agree to resolve disputes through binding arbitration. Arbitration may be initiated in Austin, Texas, or the judicial district including your billing address. The agreement to arbitrate applies to claims under any legal theory.
24.2. Exceptions to Agreement to Arbitrate
You or TLKR may choose to pursue a dispute in court under certain conditions. An opt-out option is available within 30 days of first consenting to these Terms. Injunctive relief may be sought in court, and both parties consent to the personal jurisdiction of the courts.
24.3. Arbitration Procedure
The arbitration will follow the Rules of the American Arbitration Association. A single independent arbitrator will conduct the arbitration. Discovery and document inspection will be allowed, and the arbitrator's award will be final and binding.
24.4. Recovery of Costs and Attorney’s Fees
TLKR and its affiliates are entitled to recover costs and attorney's fees if they substantially prevail in an action or proceeding to enforce rights under these Terms.
24.5. Class Action Waiver
Both parties agree that claims or controversies must be brought on an individual basis. Class, consolidated, or representative actions are not allowed. If this waiver is unenforceable, the entire arbitration agreement becomes null and void.
This Section 25 survives the termination of your service, subscription, or agreement with TLKR. You may reject changes to this section, except for the notice address, and require adherence to the original language in case of a dispute.

25. Entire Agreement

These Terms constitute the entire agreement between the parties and are limited to what is stated herein. They supersede all prior and contemporaneous agreements, proposals, statements, sales materials, presentations, whether oral or written. No terms or conditions in your communications with TLKR are applicable to these Terms, and they do not constitute exceptions to the provisions herein.

26. Severability

If any provision of these Terms is deemed unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary, allowing the remaining provisions to remain in full force, effect, and enforceable.

27. No Waiver

The failure of either party to exercise any right provided herein will not be considered a waiver of further rights. Any waiver must be in writing and signed by both parties to be legally binding.

28. Relationship of the Parties

You and TLKR are independent contractors. No agency, partnership, joint venture, franchise, or employer-employee relationship is created. Each party is solely responsible for its employees, agents, labor costs, and expenses. You are solely responsible for claims arising from your activities, employees, or agents, and TLKR is responsible for claims arising from its own activities, employees, or agents. You have no authority to bind TLKR, and any attempt to do so is void.

29. Notice

All notices required from you shall be in writing, deemed received when personally delivered, electronically confirmed, or the day after sent for next-day delivery by a recognized overnight service. Notice to you by TLKR may be through general notice on TLKR Sites or Services, email, or written communication via personal delivery, fax, overnight courier, or certified/registered mail to your address on record in TLKR's account information for you.