THESE TERMS OF SERVICE ARE THE LEGALLY BINDING CONTRACT BETWEEN YOU AND TALK MAGNET., AND GOVERN YOUR ACCESS TO ANY SERVICES WE PROVIDE TO YOU. PLEASE READ THESES TERMS CAREFULLY BEFORE SIGNING UP FOR OR USING THE SERVICES.

Talk Magnet (“we”, “us”, or “our”) provide services (“Service”) to you (“you” or “your”) through our websites and through our mobile apps. By using the Service, you are agreeing to be bound by these terms and conditions (“Terms of Service”). We reserve the right to update and change the Terms of Service from time to time and will provide notice to you by changing the “last updated” date above. All changes are prospective only. It is your obligation to be familiar with the most current version of the Terms of Service. Continued use of the Service after any such changes shall constitute your acknowledgment of and consent to such changes. You can review the most current version of the Terms of Service at any time at https://www.talkmagnet.com/terms Any new features, including the release of new tools and resources, shall be subject to the then-most current Terms of Service.

You represent and warrant that you have the full right and power to enter into and fully perform this agreement in accordance with these Terms of Service. If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “You” will refer and apply to that company or other legal entity.

ACCOUNT TERMS

• 1. You must be 18 years or older to use this Service.
• 2. If you are below the age then you must have a parent assist in registering for an account for the Service.
• 3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• 4. You must provide your full legal name, the legal name of your business (where applicable), a valid e-mail address, and any other information requested in order to complete the sign-up process. This information will be kept secure. You reserve the right to store and/or remove any personally identifiable information from your account.
• 5. You are responsible for maintaining the security of your password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will be solely responsible and liable for any activity that occurs within your account. In the event of any dispute between two or more parties about account ownership, you agree that we will be the sole arbiter of such dispute in our sole discretion and that our decision is final and binding.
• 6. You can create multiple logins for a single account. However, your login may only be used by one person. A single login shared by multiple people is not permitted.
• 7. You must not use the Service for any abusive or illegal purposes. You must not violate any laws, rules or regulations in your jurisdiction (including but not limited to copyright laws). You expressly agree and acknowledge that you will not submit information that would be a violation of your (or your employer’s, as the case may be) policies, including without limitation, any data protection, privacy or security policies or any data privacy laws, rules or regulations.
• 8. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Service.
• 9. The Service is always evolving and the form and nature of the Service may change from time to time. We reserve the right to modify the Service from time to time at any time, including adding or removing features.
• 10. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
• i. satisfy any applicable law, regulation, legal process or governmental request,
• ii. enforce the Terms of Service, including investigation of potential violations,
• iii. detect, prevent, or otherwise address fraud, security or technical issues,
• iv. respond to user support requests, or
• v. protect our rights, property or safety as well as those of our users, Drivers, Agents, and the public.
• 11. You may not do any of the following while accessing or using the Service:
• i. access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
• ii. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security measures;
• iii. access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces;
• iv. in any way use the Service to send altered, deceptive or false information; or
• v. otherwise interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service.

TERM, BILLING AND PAYMENT

• 1. We may grant you a limited trial period during which you will receive the Service free of charge. Thereafter, you will be charged a recurring service fee in advance of the applicable Service Period.
• 2. Your account will be renewed automatically at the end of each Service Period until either you or we explicitly cancel the Service.
• 3. You will be billed a non-refundable fee in advance of your applicable Service Period. There will be no refunds or credits for partial use of service, upgrade/downgrade refunds, account cancellations, or refunds for months unused with an open account. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment through a card issuer that is found to be valid will be permanently banned from the use of the Service.
• 4. For any change in your recurring service fee, we will automatically charge your credit card or bank account that you provided or bill you via other payment methods for the new rate on your next billing cycle.
• 5. You must provide us with accurate billing information and keep this information up to date.
• 6. By subscribing to the Service you give us the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
• 7. We reserve the right to change prices for the Service and any connected extra services at any time. Such notice may be provided at any time by posting the changes to the Service itself.
• 8. You will pay any and all applicable international, federal, state, and local sales, use, value-added, excise, duty, and any other taxes, fees, or duties, not based on our net income, that are assessed on or as a result of the Service. Any such taxes, fees, and duties collected by us from you on behalf of a governmental agency shall not be considered a part of, a deduction from, or an offset against, payments due to us for the Service.

CANCELLATION AND TERMINATION

• 1. You are solely responsible for properly canceling your account. You can cancel your account at any time through the Account Settings screen.
• 2. All of your information will be immediately deleted from the Service (including our secure servers used to store your information) upon cancellation. If you want to preserve your information, you must export your information before canceling your account. Your information cannot be recovered once your account is canceled.
• 3. Any abuse of the Service will lead to termination of your account. We reserve the right to decide what is considered abuse of the Service. If your account is terminated, your rights to use the Service will cease immediately. Termination is without prejudice to all other remedies available to us by law or under these Terms.
• 4. All provisions of these Terms of Service relating to disclaimers of warranties, limitation of liability and remedies and damages shall survive termination.

PRIVACY POLICY

See our Privacy Policy at https://web.talkmagnet.com/privacyPolicy for information about our collection and use of your personally identifiable information (including Cookies).