Terms and Conditions

Last Modified: December 2, 2024

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING TALKIE ROBIE SERVICES AND ALL INFORMATION, TEXT, GRAPHICS, SOFTWARE AND OTHER CONTENT AVAILABLE FOR YOUR USE (THE "SERVICE"), INCLUDING THE MOBILE APPLICATION (THE "APP") AND TALKIE ROBIE WEBSITE (THE "WEBSITE") OPERATED BY TALKIE ROBIE, INC. ("US", "WE", "OUR" OR “TALKIE ROBIE”).

These Terms apply to all visitors, users, and others who access or use the Service (“You”). By access to and use of the Service, browsing or using the Website, downloading and/or using the Apps you accept and agree to comply with these Terms.

If you disagree with any part of the Terms, you should not access, download, or use any part of the Service.

To use the Service, make payments, and accept these Terms, you must be legally capable and reach the age of majority in the country in which you reside. If you authorize a minor to use the Service, you represent and warrant that you are a parent or a legal guardian of such minor, you granted your consent for such use and were authorized to do so in respect to such minor. You represent and warrant that the minor will use the Service in accordance with these Terms and under your control.

1. PRIVACY POLICY
Any use of the Service is subject to TALKIE ROBIE's Privacy Policy which can be found here: https://www.talkierobie.com/privacy-policy

Please review our Privacy Policy, which governs the use of the Service and informs you of our use of the information in respect to the Service, including the information in respect to minors authorized by you to use the Service.

2. LICENSE
Subject to the terms, conditions, and limitations set forth in the Terms, TALKIE ROBIE grants you a non-exclusive, non-transferable, and revocable license to use the App on any mobile device that you own or control for your personal, non-commercial use, except as otherwise permitted by these Terms. TALKIE ROBIE reserves all rights not expressly granted herein to the App or Service or related applications. TALKIE ROBIE may terminate this license at any time for any reason or no reason. The terms of the license will also govern any upgrades provided by TALKIE ROBIE that replace and/or supplement the original TALKIE ROBIE App unless such upgrades are accompanied by a separate license, which the terms of that license will govern.‍

3. MOBILE SOFTWARE RESTRICTIONS
We make software available to access the App via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. We do not guarantee that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one TALKIE ROBIE account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third-party partners or suppliers retain all rights, title, and interest in the Mobile Software (and any copy thereof).

4. PAYMENT AND CANCELLATION POLICY
4.1. You may purchase the subscription to the App content access (a “Subscription”) online via the App payment method available for your mobile device. A subscription provides you with access to all App content as long as it is active. The relevant Subscription period is offered to you prior to payment.

4.2. Duration of the Subscription usage starts, continues, and ends regardless of your presence in the App, usage of the App, or logging into the App. Non-use of the App or App content by you is not grounds for the prolongation of the Subscription or a refund.

4.3. You can find information on the Subscription, in the App. The Subscription price is indicated in the App and available before purchase.

4.4. You are responsible for all fees with respect to the Internet connection, your computer, and related communication equipment to access the App content and use the Subscription.

4.5. TALKIE ROBIE reserves the right to change payment methods and procedures. We may change a Subscription fee at any time at our discretion. We do not provide price protection or refunds in the event of a price drop or promotional offering.

Change of prices after your purchase of the Subscription does not mean that you are obliged to pay any difference in cases where the price increases, and you are not entitled to any refund in cases where the price decreases.

4.6. TALKIE ROBIE accepts your payment via the third-party payment methods available in the App. All available payment methods are completely secure.

4.7. We may offer a trial period for Subscriptions with access to App content for free or at discounted prices, as well as referral discounts or similar free access to subscriber benefits when referring to new users. If you sign up for a free trial or receive referral benefits, your rights to use the App content are limited by the terms of that trial or referral and will terminate or renew according to the terms of your trial or referral arrangement and any applicable additional terms.

SUBSCRIPTION PURCHASE VIA APPLE APP STORE
4.8. When you purchase the Subscription via the App Store, your Subscription will be activated automatically. Payments are made as follows:

An amount for Subscription will be charged to iTunes Account at confirmation of purchase.
Payment management is handled by Apple. More information can be found here: https://support.apple.com/en-us/HT202039.
Paid Subscription renews automatically unless you cancel your Subscription at least 24 hours prior to its renewal date. Your account will be charged the then-applicable Subscription price within twenty-four (24) hours prior to the end of the current period.
We will charge your payment monthly, yearly, weekly, or at the applicable interval that you selected at the then-current applicable price.
Subscriptions are non-transferable.
Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase.
SUBSCRIPTION PURCHASE VIA GOOGLE PLAY
4.9. When you purchase the Subscription via Google Play, your Subscription will be activated automatically. Payments are made as follows:

An amount for Subscription will be charged to the Google Play Account at confirmation of purchase.
Payment management is handled by Google. More information can be found here: https://support.google.com/googleplay/answer/7018481.
Paid Subscription renews automatically unless you cancel your Subscription at least 24 hours prior to its renewal date. Your account will be charged then-applicable Subscription price within twenty-four (24) hours prior to the end of the current period.
We will charge your payment monthly, yearly, weekly, or at the applicable interval that you selected at the then-current applicable price.
Subscriptions are non-transferable.
Subscriptions may be managed and auto-renewal may be turned off by visiting play.google.com.
Check to see if you're signed into the correct Google Account.
On the left, click My Subscriptions.
Select the subscription you want to cancel.
Click Manage > Cancel Subscription.
Click Yes inside the confirmation pop-up.
4.10. Once activated, a Subscription is non-refundable, including if you wish to cease the Service.

4.11. No refund for the Subscription shall be made upon the Subscription expiration.

4.12. If you share your Activation Method with any third party or make it public or available to any outside party, you may not request a refund if your Subscription fails to activate due to the Activation Method already having been used.

4.13. In any case when you are provided with a free (trial) period, you may not request a refund for the activated Subscription after the expiration of that trial period.

4.14. No refunds shall be made for bonuses, gifts, awards, prizes, promotional activities, or compensations.

In any of the above-mentioned cases, the Activation Method will be disabled at the moment of your claim for a refund.

5. CONDUCT
You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the Service, including the App, that you will not do any of the following in connection with the Service:

Use the Service in any manner that could damage, disable, overburden or impair the functioning of the App and other Service in any manner;
Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms;
Modify, adapt or hack the Service or take part in such activity;
Infringe upon or violate the rights of TALKIE ROBIE;
Use the Service for commercial purposes, including but not limited to advertising, or solicitation, or transmission of any commercial advertisements.
Any use of the Service in violation of the Terms may result in, among other things, termination or suspension of your rights to use the App and/or any of the Services.

6. OWNERSHIP
Except for the license to the App expressly stated in the Terms, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in the Terms are hereby reserved and retained by TALKIE ROBIE. All information, materials and content including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively "TALKIE ROBIE Material") is owned by TALKIE ROBIE or is used with permission. This TALKIE ROBIE Material is protected in all forms, media, and technologies now known or hereinafter developed.

7. SUSPENSION AND TERMINATION
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Service.

8. CONSENT TO USE OF DATA AND COMMUNICATIONS
TALKIE ROBIE may collect and use technical data, personal information, and related information in connection with your use of the Service including, but not limited to, contact information and technical information about your device, system and the App software, and peripherals, that is gathered periodically to facilitate the features and functionality of the Service and software updates, product support and other services. Please see our Privacy Policy for more information about how TALKIE ROBIE collects, uses, stores, and discloses personal information collected through the Service.

9. THIRD-PARTY COMPONENTS
Our Service utilizes technology provided by third parties (including, but not limited to, Apple, Inc. ("Apple") and Google, LLC ("Google")). By using the Service you agree to the terms and conditions set forth at https://developer.apple.com/terms/ (which may be modified by Apple from time to time and are incorporated into the Terms by reference), as well as https://play.google.com/about/developer-distribution-agreement.html (which may be modified by Google from time-to-time and are incorporated into the Terms by reference), as well as to the terms and conditions of any other third party technology providers utilized by the App and which may be available to you upon the installation or use of the App.

10. INTELLECTUAL PROPERTY
The Service and its original content, functionality, and features are and will remain the exclusive property of TALKIE ROBIE. The Service is protected by trademark, copyright, and other laws. TALKIE ROBIE name, logos, and any other TALKIE ROBIE product, Service name or slogan included in the App are trademarks of TALKIE ROBIE and may not be copied, imitated or used, in whole or in part, without the prior written permission of TALKIE ROBIE. In addition, the look and feel of the Website and the App, including all custom graphics, button icons, and scripts are the service marks, trademarks and/or trade dress of TALKIE ROBIE and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service ("Third Party Trademarks") are the property of their respective owners, and the use of such Third Party Trademarks will ensure the benefit of each trademark owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by TALKIE ROBIE and its licensors with such company; or (ii) an endorsement or approval by such company of TALKIE ROBIE and its licensors and its products or services.
11. THIRD-PARTY HYPERLINKS
Our Service may contain links to third-party websites or services that are not owned or controlled by TALKIE ROBIE. TALKIE ROBIE has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TALKIE ROBIE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services. We highly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. LIMITATION OF LIABILITY
In no event shall TALKIE ROBIE or any of its affiliates be liable for any direct, indirect, consequential, exemplary, punitive, special, or incidental damage (including, without limitation, damage for loss of business, contract, revenue, data, information or business interruption), under any theory of liability.

In no event shall TALKIE ROBIE or any of its affiliates be liable for any direct, indirect, consequential, exemplary, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use any of the Service, its material, or any TALKIE ROBIE products or services, the statements or actions of any third party on or through any products or services provided by TALKIE ROBIE or its subsidiaries, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, loss or damage to the App, any services available through the App or any other product provided by TALKIE ROBIE, that are delayed or interrupted, even if TALKIE ROBIE has been advised of the possibility of such damages. Any action brought against TALKIE ROBIE pertaining to or in connection with the Service must be commenced and notified to TALKIE ROBIE in writing within one (1) year after the date the cause for action arose.

13. DISCLAIMER
You expressly acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. TALKIE ROBIE disclaims any and all warranties and representations (express or implied, oral, or written) with respect to the Terms, the Service, including the App, its material, any TALKIE ROBIE products and services, the recordings, third-party sites, and third party trademarks whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all: (i) warranties of merchantability; (ii) warranties of fitness or suitability for any purpose (whether or not TALKIE ROBIE knows, has reason to know, has been advised or is otherwise aware of any such purpose); and (iii) warranties of non-infringement or condition of title. TALKIE ROBIE does not warrant that: (a) the functions contained in the Services, including the App, will be accurate or meet your requirements; (b) the operation of the Service will be uninterrupted or error-free, or (c) any defects in the Service will be corrected. No oral or written information, guidelines or advice given by TALKIE ROBIE or its authorized representative will create a warranty.

14. INDEMNIFICATION
You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, cost, and expenses, including the assessment, claim or demand by a governmental agency or entity (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party.

15. GOVERNING LAW; ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TALKIE ROBIE AND LIMITS YOUR RIGHTS TO SEEK RELIEF FROM TALKIE ROBIE.

You and TALKIE ROBIE agree to resolve any dispute arising from these Terms or related to the Service through arbitration. However, disputes in which either party seeks legal or equitable remedies for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents are not subject to arbitration. ARBITRATION PREVENTS YOU FROM PURSUING A CLAIM IN COURT.

You and TALKIE ROBIE agree to notify each other of any dispute within 30 days of its occurrence, to attempt an informal resolution prior to any arbitration demand, and that arbitration will be conducted in Istanbul, Turkey. Arbitration shall be confidential and administered by a single arbitrator in accordance with the Rules of the Istanbul Arbitration Center (ISTAC). You and TALKIE ROBIE also agree that the courts in Istanbul, Turkey, will have exclusive jurisdiction over any appeals of an arbitration award and any disputes not subject to arbitration. The arbitrator shall have the authority to grant all remedies otherwise available in court. WHETHER IN ARBITRATION OR COURT, YOU AND TALKIE ROBIE AGREE NOT TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST EACH OTHER.

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Turkey. However, some countries (e.g., those within the European Union) may have laws that require agreements to be governed by the local laws of the consumer's country. This clause does not override such local laws where applicable.

The parties further agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or any dispute or transaction arising from it.
16. MODIFICATIONS
TALKIE ROBIE reserves the right, in its sole discretion, to review, improve, modify, or discontinue, temporarily or permanently, the App and/or any features, information, materials, or content on the App with or without notice to you.

 TALKIE ROBIE reserves the right to make changes to or update the content of the Website and Apps or the format thereof at any time and without any notice. TALKIE ROBIE reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

You agree that TALKIE ROBIE will not be liable to you or any third party for any modification or discontinuance of the App or any portion thereof.

17. UPDATES TO THE TERMS OF USE
TALKIE ROBIE reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms of Use on or within the Website. You may also be given notice, such as an e-mail message or message within our Service of any changes. You will be deemed to have accepted such changes to the Terms by continuing to use any of our Services. If changes are made to the Privacy Policy, you may be given direct notice via e-mail and any such changes will require your express consent. TALKIE ROBIE may also revise other policies, codes, or rules at any time, and the new versions will be available at or within our Service.

If at any point you do not agree to any portion of the then-current version of our Terms of Use or any other TALKIE ROBIE policy, your license to use the Service shall immediately terminate and you must immediately stop using our Service.

18. NO THIRD-PARTY BENEFICIARIES
Except as otherwise expressly elsewhere in the Terms, there will be no third-party beneficiaries to the Terms.

19. COPYRIGHT COMPLAINTS
TALKIE ROBIE respects the intellectual property rights of others and expects its users to do the same.

TALKIE ROBIE has adopted a policy, in accordance with applicable laws, to terminate the accounts of users who are found to be repeat infringers in appropriate circumstances and at its sole discretion. Furthermore, TALKIE ROBIE reserves the right to restrict access to the Service and/or terminate the accounts of any users who infringe the intellectual property rights of others, regardless of whether it is a repeat infringement. TALKIE ROBIE will respond to copyright infringement complaints made through the process described below and submitted to the Designated Copyright Agent.

If you knowingly misrepresent that material or activity is infringing in your complaint, you may be liable for any damages, including costs and attorneys' fees, incurred by TALKIE ROBIE or the alleged infringer due to the reliance on such misrepresentation, resulting in the removal of or disabling access to the claimed material or activity.

If you are a copyright owner, are authorized to act on behalf of one, or are authorized to act under an exclusive right under copyright, please report alleged copyright infringements occurring on or through the application by submitting a complaint as outlined below to TALKIE ROBIE's Designated Copyright Agent. Upon receiving the complaint, TALKIE ROBIE will, at its sole discretion, take actions deemed appropriate, which may include removing the offending material from the application.

Steps for Submitting a Copyright Infringement Complaint:

Identify the copyrighted work that you claim has been infringed, or, if the complaint covers multiple copyrighted works, provide a list of the copyrighted works that you claim have been infringed.

Identify the material that you claim is infringing (or the activity in question) and that is to be removed or access to which is to be disabled. Include information reasonably sufficient to allow TALKIE ROBIE to locate the material, such as the URL where the material is located in the application, if applicable.

Provide your mailing address, telephone number, and, if available, your email address.

Include the following two statements in your complaint:
(i) "I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
(ii) "I declare under penalty of perjury that the information in this complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, or am authorized to act under an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Submit this completed complaint to TALKIE ROBIE's Designated Copyright Agent:

Designated Copyright Agent
TALKIE ROBIE, Inc.
Gayrettepe, Beşiktaş, Istanbul, Turkey
20. EXPORT LIMITATIONS
You may not use, export, or re-export the Service, including the App, except as authorized by the laws of the Republic of Turkey and the laws of the jurisdiction in which the Service was obtained. Specifically, and without limitation, the App may not be exported or re-exported:
(i) to countries under embargo by Turkey, or
(ii) to individuals or entities listed on sanctions lists issued by the Republic of Turkey’s Ministry of Treasury and Finance.

By using the Service, you represent and warrant that you are not located in any such country or listed on any such sanctions list. You also agree that you will not use the Service for any purposes prohibited by the laws of the Republic of Turkey, including, but not limited to, the development, design, manufacture, or production of nuclear weapons, missiles, or chemical or biological weapons.
21. TURKISH GOVERNMENT RIGHTS

The Service and related documentation are classified as "Commercial Items," in accordance with applicable Turkish regulations and legal definitions. This includes commercial computer software and commercial computer software documentation. The Service is licensed to Turkish government entities (i) solely as Commercial Items and (ii) with only those rights granted to all other end users under the terms and conditions set forth herein. All copyright protections and related rights are reserved.
22. MAINTENANCE AND SUPPORT
TALKIE ROBIE is solely responsible for providing maintenance and support services with respect to the Service, including the App. You acknowledge and agree that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

23. FEEDBACK
Any suggestions, comments, or other feedback provided by you or your children to us with respect to the Service and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license, and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

24. LEGAL COMPLIANCE
You represent and warrant that: (i) you are not located in a country that is subject to a Turkish Government embargo or that has been designated by the Turkish Government as a "terrorist supporting" country; and (ii) you are not listed on any Turkish Government list of prohibited or restricted parties.
YOU AGREE THAT YOUR USE OF CONTENT OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

25. DEVELOPER NAME AND ADDRESS
Any end-user questions, complaints or claims with respect to the App should be directed to:

TALKIE ROBIE, INC.Email: talkierobie@gmail.com