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Terms of service

Effective Date: September 01, 2020

Thank you for using our products and services (“Services”). The Services are provided by TokTalk. By using our Services, you agree to these Terms, including the Privacy Policy. Please read them carefully.

Using our Services
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Don’t misuse or abuse our Services. Don’t interfere with our Services or try to access them in a way other than what we provide. You can use our Services only as permitted by law. We may suspend, ban, or stop providing our Services to you if you do not follow our Terms, Privacy Policy, or other policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you may access. You may not use content from our Services unless you have obtained permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos from our Services without written consent from TokTalk. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may display some content that does not belong to TokTalk. This content is the sole responsibility of the individual who makes it available. We may review content to determine whether it is illegal or violates any of our policies, and we will remove or refuse to display content that we believe violates our policies or the law. We do not necessarily review all content and you should not assume that we do.
In connection with your use of our Services, we may send you announcements, administrative messages, and other information. You may opt out of some of these communications. Some of our Services are available on mobile devices. Do not use our Services in a way that distracts you and prevents or diminishes your ability to obey traffic and safety laws.

TokTalk does not offer  treatment or crisis counselling. Our support is not a replacement for therapy. Please consult with a doctor or licensed counselor for professional assistance.


Life Coach Services
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DO NOT USE OUR SERVICE FOR EMERGENCIES. TOKTALK LISTENERS LIFE COACHES ARE NOT TRAINED OR QUALIFIED TO ASSIST THOSE IN CRISIS. ALL CRISIS CHATS WILL BE TERMINATED IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. HERE YOU HAVE A CRISIS LINE WEBPAGE
You acknowledge and agree that Listeners and Life coaches are neither employees nor agents nor representatives of TokTalk, and TokTalk assumes no responsibility for any act or omission of any such Listener or Life coach. 
You understand and agree that, although a Listener or Life coach may have been accessed through TokTalk, TokTalk cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other Listener or Life coach. You also acknowledge and agree that you take full responsibility for the decision to access a Listener or Life coach through the Site and to continue to interact with the Listener or Life coach, and that the role of TokTalk is strictly limited to providing access to such Listeners and Life coach for your consideration. 

You understand and agree that we do not provide any treatment, our life coaches are active listeners ready to talk to you whenever you might need.  Information shared between User and Life coaches during online services may be reviewed periodically by TokTalk to conduct quality control, address potential safety issues, and prevent misuse of our platform, if certain suspicious or potentially harmful activity is detected. We may also use aggregated data from chat transcripts to conduct research and development. In reviewing this information, TokTalk will maintain all applicable confidentiality and privacy standards. 

TokTalk makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Listening Platform or the Sites, (b) the willingness or ability of the Listener or Life coach  to listen, (c) the willingness or ability of any Listener or Life coach to give advice, (d) whether the Member shall find a Listener or Life coach useful or satisfactory, (e) whether the Member shall find a Listener or Life coach’s advice relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener or Life coach will be helpful, (g) whether the advice of the Listener or Life coach will be responsive or relevant to the Member’s question, or (h) whether the Listener or Life coach advice will otherwise be suitable to the Member’s needs.  
TokTalk verifies the skills and  background of our life coaches. However it is your responsibility to conduct independent verification. Information and advice found on TokTalk is intended for general information purposes only and does not replace a meeting with a professional. You are encouraged to verify any information provided on TokTalk. Any reliance on information is done at your sole risk and liability.
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TOKTALK  DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY LISTENERS OR LIFE COACHES AND TOKTALK WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.  
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Your TokTalk Account
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You need a TokTalk account in order to use our Services. When we make product’s updates, you understand and agree that we will migrate your data to the new interface. To protect your TokTalk account, keep your password confidential. You are responsible for any activity that happens on or through your TokTalk account. If you discover any unauthorized use of your password or TokTalk account, contact the TokTalk Team.

Privacy
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The TokTalk Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that TokTalk can use your data in accordance with our Privacy Policy.
You can find out more about how TokTalk uses and stores your content in the Privacy Policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
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About Software in Our Services
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Our Services may include downloadable software, which may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and Terminating Our Services
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We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. TokTalk may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data. Preserving your access to and control of your data is important. Upon request, we will delete all data related to your account in accordance with our Privacy Policy.

The TokTalk Well-being Life Coach Service

It will be use text-based messaging to apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of the Well-being Coach Service is that You have the knowledge and capacity to make desired changes in Your life. The role that a Well-being Coach will play is to support You in finding Your own way, help You tap into Your own strengths and abilities, so that You can identify and use resources around You to fill any gaps.
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TokTalk Well-being Life Coaches cannot and will not offer medical or clinical advice. In case You mention the need for such advice, they will suggest that You seek advanced (medical) help.


‍Payments and cancellations

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Premium Services, ProPlan or any upgrade shall be considered as a part of Services for the purpose of the Agreement. We may modify the subscription fee for the Premium Services, ProPlan or any upgrade or make all Services subject to payment of certain subscription fees at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to User’s use of the same.
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Subscriptions will be automatically renewed until subscription is cancelled before the end of the current period. It is solely the User’s responsibility to cancel, which can be done at any time. WE DO NOT GENERALLY ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL;It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates. All prices are expressed in US Dollar.

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Our Warranties and Disclaimers
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DO NOT USE OUR SERVICE FOR EMERGENCIES. TOKTALK LISTENERS AND LIFE COACHES ARE NOT TRAINED OR QUALIFIED TO ASSIST THOSE IN CRISIS. ALL CRISIS CHATS WILL BE TERMINATED IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

We provide our Services using a reasonable level of care and skill and we hope that you enjoy using them. There are certain things that we do not promise about our Services.
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OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER TOKTALK NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS.” WE EXCLUDE ALL WARRANTIES.

Liability for Our Services
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WHEN PERMITTED BY LAW, TOKTALK AND TOKTALK’ AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TOKTALK AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
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IN ALL CASES, TOKTALK AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE.

Business Uses of Our Services
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If you are using our Services on behalf of a business or organization, that business or organization accepts these terms. It will hold harmless and indemnify TokTalk and its affiliates, officers, directors, shareholders, employees, sub-contractors, representatives, and agents from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs, and attorneys’ fees.
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About These Terms
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We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page and email them to registered users. We’ll post notice of modified additional terms in the applicable Service. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should immediately discontinue your use of that Service.

These terms control the relationship between TokTalk and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, that doesn’t mean that we will give up any rights that we may have (such as taking action in the future).
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For more information about how to contact TokTalk, please visit our contact page.

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TokTalk does not offer  treatment or crisis counseling. Our support is not a replacement for therapy. Please consult with a doctor or licensed counselor for professional mental health assistance.