Terms of Use

These Terms of Use (“Terms”) are a binding legal agreement between you and TalkHeap App that governs your use of the websites, applications, and other offerings from TalkHeap App. When used in these Terms, “TalkHeap App”, “TalkHeap.com”, “we”, “us”, or “our” refers to the TalkHeap App entity. This Agreement is a binding contract between you (“You”, “Your” or the “User”) and TalkHeap App and it explains your rights and obligations when you use the App and Services.

Your continued access and use of the websites and applications from the TalkHeap App are conditional on your acceptance of and continued compliance with the terms and conditions set out below. In addition to these Terms and any additional terms, the Privacy Policy, found at https://TalkHeap.com/privacy-policy will govern how we maintain an appropriate level of privacy and security for the personal information we collect from you. Please read our Terms of Use and Privacy Policy carefully.

1. TalkHeap App reserves the sole right at any time to modify, discontinue or terminate the Services or modify the Terms of Use without notice. It is your responsibility to check these Terms of Use for changes regularly. To use or access the Services after we make any such modification, you agree to obey the revised Terms of Use. You should not alter the terms and conditions of the Terms of Use without our express written consent. You should understand that you may not be able to access or use our Services if you do not accept the terms in their entirety.

2. These Terms of Use shall be governed by and construed under the laws of the United States of America. TalkHeap.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so of their own volition and are responsible for compliance with local law.

3. Our service can be provided on a free trial or paid basis. You agree to additional terms and conditions associated with the specific Services you may subscribe to or order from us. The agreement of specific services may change from time to time.

4. Any fee or charges through your confirmation of purchase will be paid by your credit card (Visa, MasterCard, or American Express) or any other approved method of payment (such as PayPal, Google Pay, or Apple Pay). You will be responsible for the payment of all applicable taxes. When you bind a credit card for later payments, You agree to allow us to bill your card on each billing time. You can discontinue our service at any time in the Settings of your payment method.

5. Cancellation of Subscription. In the event that the Customer would like to cancel their subscription, they must inform their intention to cancel their subscription at least 1 day before the next scheduled payment in their billing cycle to avoid being charged for the following billing period. Your subscription can be cancelled anytime in the “Settings” tab of the app, click “Get Help”, and find “Close Account”. Your account access will then terminate at the end of that billing period. If cancelling during the free trial period, please do so at least twenty-four (24) hours prior to the ending date and time of your free trial. If you experience any issues cancelling your subscription, please notify us at support@TalkHeap.com with “Cancellation Request” in the subject line. We are unable to process refunds if more than twenty-four (24) hours lapsed since the renewal of your subscription.

6. Refund Policy.

Refunds will be considered under the following conditions: 1) If you have not used our service or its features, or 2) if a feature is not working as expected, you may request a refund within 30 days of purchase or subscription activation, provided you have contacted our support team for assistance.

Refunds will not be approved if: 1) You have actively used the service or its features. 2) The feature is confirmed to be working correctly according to its specifications. 3) You have violated our terms of service, including the use of the service for illegal purposes.

All refund requests should be submitted to support@TalkHeap.com. Please ensure compliance with this policy and any applicable laws and regulations.

7. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Use, and to abide by and comply with these Terms of Use.

8. You should not use our service for illegal, improper, and/or inappropriate purposes, which include but are not limited to:

• using any Service in connection with the violation of or to violate any Laws (as defined hereinafter)

• engaging in threatening, abusive, harassing, defamatory, libellous, malicious, deceptive, or fraudulent behavior.

• using the Service in a manner that causes injury to a person or property

• using the Service in any manner that violates industry standards or any third-party policies

• using the Service to send spam (unsolicited bulk emails or messages)

• posting multiple messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists, or other similar groups or list

• posting or transmitting any information or software that contains, but is not limited to, a virus worm, cancelbot, or other harmful components

• ithout permission from the owner of a system or network, doing any of the following: (i) accessing the system or network, (ii) monitoring data or traffic, (iii) probing, scanning, and/or testing firewalls, (iv) testing the vulnerability of a system or network or (v) breaching the security or authentication routines of a system or network

• use of any Services in violation of any trademark, copyright, or any other intellectual property protection law or provision, or AUP policy of any third-party provider

• use of any Services to engage in an activity in connection or conjunction with any pornographic and/or adult entertainment industry purpose, regardless of whether such activity is lawfully permitted.

TalkHeap App reserves the right to disable your account at its convenience at any time, for any reason or no reason, with or without advance notice to the user. It’s not refundable for a disabled account if you violate the terms.

Additionally, we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our website and applications. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of our users. YOU WAIVE AND HOLD HARMLESS TalkHeap APP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. Using TalkHeap.com, your access to the Services may include the collection, use, and disclosure of your personal information, and device information according to your use of the Services. All information is collected by the Privacy Policy. By agreeing with this term of use, you consent to the information collected in obedience to our Privacy Policy located at https://TalkHeap.com/privacy-policy.

10. Updates to terms of use. We may update the terms of this Agreement from time to time. If We do, We will post the updated terms. You agree to the latest and updated terms unless Your existing Agreement with Us expressly prohibits updating the Agreement by this mechanism.

THIS POLICY IS SUBJECT TO CHANGE FROM TIME TO TIME WITH SUCH CHANGES BEING EFFECTIVE UPON POSTING AT https://TalkHeap.com/terms-of-use. PLEASE REVIEW THIS POLICY CAREFULLY.

11. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TalkHeap APP NOR ANY PERSON ASSOCIATED WITH TalkHeap APP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TalkHeap APP NOR ANYONE ASSOCIATED WITH TalkHeap APP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TalkHeap APP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TalkHeap APP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification. You agree to defend, indemnify, and hold harmless TalkHeap App, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to, any use of the website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the website.

14. Arbitration. At TalkHeap App’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

15. Telemarketer regulation. The Telephone Consumer Protection Act (TCPA) sets out the following enforcement mechanisms for telemarketers to ensure compliance:

– FCC Actions:

The FCC which is the primary federal agency that enforces the TCPA may take administrative action against violators of the TCPA and can impose civil forfeiture penalties and criminal fines.

– State Actions:

State actions may seek injunctive relief, actual monetary loss, or damages in the amount of $500 for each violation, and violations are calculated on a per-call basis and one TCPA claim per call.

– Private Cause of Action:

In addition to government enforcement, the TCPA provides a private right of action. The person suing may seek injunctive relief, monetary damages, or both.

16. Modification of Services

TalkHeap App reserves the right to modify or update the services it offers, including any features, functionalities, or technical aspects, as required by carrier regulations and the regulations set forth by the Federal Communications Commission (FCC). This may include changes to the scope of services, service plans, pricing, terms of use, and other related aspects.

TalkHeap App is committed to complying with carrier regulations and FCC requirements to ensure that the services provided are in alignment with industry standards and legal obligations. As such, modifications or updates made to the services are intended to facilitate compliance with these regulations while maintaining the best possible user experience.

By continuing to use the services, users are deemed to have consented to these changes. Users who do not agree with the modifications are entitled to terminate their use of the services in accordance with the Cancellation Clause outlined in the Terms of Service.

In cases where modifications to the services may impact users’ ability to continue using certain features or functionalities that were available prior to the changes, we may provide users with the option to opt out of such changes. Users who choose to opt-out may, however, have limited access to certain features or functionalities that have been modified or updated.

17. Force Majeure.

TalkHeap App acknowledges that unforeseen events or circumstances, including but not limited to acts of nature, governmental actions, and regulatory changes, may impact its ability to provide services or adhere to certain terms. In such cases, the Service Provider will make reasonable efforts to mitigate the effects of such events while complying with relevant regulations.

18. Port-Out Policy and Service Fee

If you have purchased a phone number through our app and wish to port that number to another service provider or carrier, we allow port-out requests subject to the terms below:

• Porting Your Number:

You may request to port your number to another provider at any time.

For U.S. numbers, we comply with FCC regulations and will not delay or deny your port-out request solely due to any unpaid account balance or fees.

For non-U.S. numbers, porting availability depends on local regulations, the capabilities of the gaining carrier, and our upstream providers. We cannot guarantee porting support for all international numbers.

• Port-Out Service Fee:

A $50 USD port-out service fee applies for each porting request. This fee covers the significant manual work required to coordinate with both the gaining and losing carriers during the transfer process.

While we will proceed with your port-out request, you remain contractually responsible for this fee and any other outstanding charges, and nonpayment may result in collection actions or account limitations unrelated to the porting itself.For international numbers, the fee is only charged if the port-out is technically feasible. If we determine that porting is not possible due to regulatory or carrier limitations, no fee will be charged.

• Request Process:

To initiate a port-out, please contact our support team at support@talkheap.com with your account information and the gaining carrier details. Port-outs are processed manually and may take several business days depending on external factors.

• Fraud Prevention:

We reserve the right to investigate and delay or deny porting in cases where fraud or unauthorized activity is suspected, as permitted by law.

If you have any questions about these Terms, please contact us at support@TalkHeap.com

Last updated: 01/20/2024