Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you") and Talkivist ("Company", "we", "us"), located at 13 Jul Br. 3, Podgorica, Montenegro, governing your access to and use of the Talkivist platform, website at talkivist.me, and all related digital services.

By creating an account, subscribing to a plan, or otherwise using our services, you confirm that you are at least 16 years of age, have read and understood these Terms, and agree to be legally bound by them. If you do not agree, you must not use our services.

2. Description of Services

Talkivist provides AI-powered language learning services delivered entirely as digital products via the internet. Our services include:

• Real-time AI conversation sessions for English language practice
• Instant grammar correction and feedback powered by artificial intelligence
• Subscription-based access to learning features and session history
• Multi-language interface support for learners worldwide
• Progress tracking and personalized learning recommendations

All services are delivered digitally. There are no physical goods, shipments, or in-person components associated with any Talkivist subscription or purchase.

3. Account Registration and Security

To access Talkivist services, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful and accurate registration information
• Maintain the confidentiality of your account credentials
• Notify us immediately at info@talkivist.me of any unauthorized account access
• Accept responsibility for all activities that occur under your account
• Not share your account with others or allow simultaneous use from multiple devices beyond your plan limits

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Subscriptions and Billing

Talkivist offers subscription plans that grant access to our digital services for a specified period. By subscribing:

• You authorize us to charge your payment method on a recurring basis (monthly or annually, as selected)
• Subscriptions automatically renew at the end of each billing period unless cancelled
• You will receive a receipt/invoice for each successful payment to your registered email address
• Prices are displayed inclusive of applicable taxes where required by law
• We reserve the right to change subscription prices with 30 days prior notice

All payments are processed by PCI-DSS compliant third-party payment processors. Talkivist does not store full card numbers or sensitive payment credentials on its servers.

5. Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting us at info@talkivist.me. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will not be charged for subsequent billing periods
• Access to premium features will cease at the end of the paid period
• No partial refunds are issued for unused time within a billing period, except as outlined in our Refund Policy

6. Acceptable Use Policy

You agree to use Talkivist only for lawful purposes and in accordance with these Terms. You must not:

• Use the platform for any illegal, fraudulent, or unauthorized purpose
• Attempt to gain unauthorized access to our systems, servers, or databases
• Reverse engineer, decompile, or disassemble any part of the platform
• Use automated bots, scrapers, or scripts to access or extract data
• Upload or transmit malicious code, viruses, or harmful content
• Harass, threaten, or harm other users or Talkivist staff
• Reproduce, distribute, or resell any platform content without written permission
• Circumvent any technical measures designed to protect the platform
• Impersonate any person or entity or misrepresent your affiliation

Violation of this policy may result in immediate account suspension or termination without refund, and may be reported to relevant authorities.

7. Intellectual Property

All content, features, and functionality on the Talkivist platform — including but not limited to text, graphics, logos, AI models, software, audio, and design — are the exclusive intellectual property of Talkivist and are protected by applicable copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for your personal, non-commercial language learning purposes. This license does not include the right to reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any platform content.

The following actions are strictly prohibited and may result in civil and/or criminal liability under applicable intellectual property law:

• Recording, capturing, or screenshotting any part of a Talkivist session, interface, or AI-generated content without prior written authorisation
• Sharing, distributing, uploading, or broadcasting any session content, transcripts, or platform materials to third parties or public channels
• Copying, reproducing, or extracting platform content — including AI conversation outputs, learning materials, or interface elements — for any purpose outside your personal use
• Allowing third parties to access your account or use the platform on your behalf, whether for commercial or non-commercial purposes
• Reverse engineering, decompiling, or attempting to extract the underlying AI models, algorithms, or source code of the platform

Talkivist actively monitors for unauthorised use and reproduction of its platform content. Violations may be subject to legal proceedings, injunctive relief, and claims for damages in accordance with applicable national and international intellectual property law, including but not limited to the Berne Convention, EU Directive 2001/29/EC on copyright, and the TRIPS Agreement.

8. User-Generated Content

Any content you submit through the platform (including voice inputs, feedback, or messages) remains your property. However, by submitting content, you grant Talkivist a worldwide, royalty-free, non-exclusive license to use, process, and analyze such content solely for the purpose of providing and improving our services. We do not permanently store voice recordings. You represent that any content you submit does not infringe the rights of any third party.

9. Service Availability and Modifications

We strive to maintain continuous platform availability but do not guarantee uninterrupted access. We reserve the right to:

• Perform scheduled maintenance with advance notice where possible
• Modify, update, or discontinue features with reasonable notice
• Temporarily suspend access for emergency maintenance or security reasons
• Permanently discontinue the service with at least 30 days notice and a pro-rata refund for prepaid periods

10. Disclaimer of Warranties

The Talkivist platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be error-free, uninterrupted, or free of viruses or other harmful components. AI-generated content is provided for educational purposes and may not always be perfectly accurate.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Talkivist and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or alteration of your data
• Any matter beyond our reasonable control

Our total aggregate liability to you for any claims arising from these Terms or your use of the platform shall not exceed the total amount you paid to Talkivist in the 12 months preceding the claim.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Montenegro. Any disputes arising from or relating to these Terms or your use of the platform shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the competent courts of Podgorica, Montenegro.

If you are a consumer in the European Union, you may also have the right to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a prominent notice on our website at least 14 days before the changes take effect. Your continued use of the platform after the effective date constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the platform and cancel your subscription.

14. Contact Information