Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Talko AI platform, websites, applications and related services (together, the "Service"), operated by PM TECHNOLOGIES ("Talko AI", "we", "us" or "our").

By creating an account, ticking the acceptance box at sign-up, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, Acceptable Use Policy, Refund & Cancellation Policy and Cookie Policy, which are incorporated here by reference. If you do not agree, you must not use the Service.

If you are entering into these Terms on behalf of a company or other organisation, you represent that you have the authority to bind that organisation, and "you" refers to that organisation.

Talko AI is a multi-channel conversational platform that lets businesses connect WhatsApp, Instagram, Facebook Messenger and a website web-chat widget, automate replies with AI, run broadcasts, build chatbot flows and drip sequences, and manage conversations from a unified inbox.

The Service connects to third-party platforms (such as Meta's WhatsApp, Instagram and Messenger APIs) and to AI providers using credentials and API keys that you supply. Your use of those platforms remains subject to their own terms and policies.

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for the accuracy of the information you provide and for keeping it up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us promptly at info@thetalko.in of any unauthorised use. Each business account is isolated from others; you may invite team members subject to the seat limits of your plan.

We may offer a free trial period (typically 14 days). At the end of the trial, continued use of paid features requires an active paid plan. We may modify or discontinue trials at any time. Trial accounts are subject to the same Acceptable Use Policy as paid accounts.

Paid plans are billed in advance on a recurring (monthly or other stated) basis until cancelled. By subscribing you authorise us, or our payment processor, to charge the applicable fees and any taxes to your chosen payment method on each renewal date.

Prices are stated exclusive of taxes unless otherwise indicated; you are responsible for all applicable taxes. We may change plan pricing or features on reasonable notice; changes take effect at your next renewal. AI usage is billed directly to your own AI provider under the "bring your own key" model and is not charged by us.

Refunds and cancellations are governed by our Refund & Cancellation Policy.

Your use of the Service must comply at all times with our Acceptable Use Policy, including all messaging-platform rules around consent, opt-in, messaging windows and prohibited content. We may suspend or limit messaging that puts your connected accounts or our infrastructure at risk.

You retain all rights to the content, contacts, messages and other data you submit to or generate through the Service ("Your Data"). You grant us a limited licence to host, process and transmit Your Data solely to provide and improve the Service and as described in our Privacy Policy.

You are responsible for Your Data and for having all necessary rights, consents and lawful bases to collect and process it, including the consent of the end-customers you message. With respect to personal data of your end-customers, you act as the data controller and Talko AI acts as your processor.

The Service integrates with third-party services including Meta (WhatsApp, Instagram, Messenger), payment processors, AI model providers and other tools you choose to connect. We are not responsible for third-party services, their availability, or changes to their APIs or policies, which may affect the Service. Your use of those services is governed by their own terms.

The Service, including its software, design, trademarks and content (excluding Your Data), is owned by Talko AI or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during your subscription. You may not copy, modify, resell, reverse-engineer or create derivative works of the Service except as permitted by law.

If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without restriction.

Each party may have access to the other's confidential information. Each party agrees to protect the other's confidential information with reasonable care and to use it only as needed to perform under these Terms.

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue features, perform maintenance, or impose usage limits to protect the integrity and security of the Service. We will use reasonable efforts to give notice of material adverse changes.

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that AI-generated responses will be accurate, complete or suitable for any purpose, or that messaging through third-party platforms will always be delivered. You are responsible for reviewing automated outputs before relying on them.

To the maximum extent permitted by law, Talko AI and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill, arising out of or relating to the Service.

Our total aggregate liability for any claim arising out of or relating to the Service will not exceed the total fees you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim.

You agree to indemnify and hold Talko AI harmless from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from Your Data, your use of the Service, your violation of these Terms or the Acceptable Use Policy, or your infringement of any third-party or messaging-platform rights.

You may cancel your subscription at any time as described in the Refund & Cancellation Policy. We may suspend or terminate your access if you breach these Terms or the Acceptable Use Policy, fail to pay fees, or if required to protect the Service, other users or third parties.

On termination, your right to use the Service ends. We will make Your Data available for export for a reasonable period and may then delete it in accordance with our Privacy Policy. Sections that by their nature should survive termination (including ownership, disclaimers, liability limits and indemnity) will survive.

These Terms are governed by the laws of India, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction of the courts located in New Delhi, India for any dispute arising out of or relating to these Terms or the Service, subject to any mandatory consumer-protection rights you may have.

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-product). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. The "last updated" date below indicates the current version.

Questions about these Terms can be sent to info@thetalko.in.