These Terms of Service (“Terms”) govern access to and use of the TalkPad website, applications, and services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to these Terms.
If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
Customer: The business or entity that creates an account and uses the Services.
Authorized Users: Customer’s employees/contractors/agents permitted to use the Services under Customer’s account.
Recipients/End Users: Individuals who receive messages sent by Customer through the Services.
Customer Content: Data, contact lists, message content, templates, files, and other materials submitted or processed through the Services by Customer or Authorized Users.
Messaging Services: SMS/MMS and related messaging features provided through the Services.
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.
You are responsible for:
You must provide accurate, complete account information and keep it updated.
TalkPad provides a platform that enables Customers to send and receive communications, including SMS/MMS. Customers control message content, recipients, and sending practices.
TalkPad may process Customer Content on Customer’s behalf to provide the Services, including message delivery, routing, storage, and reporting.
No Emergency Use. The Services are not intended for emergency communications and do not support calls to emergency services (e.g., 911). Do not use TalkPad for emergency notifications where failure or delay could lead to harm.
You are solely responsible for your messaging programs and compliance with all applicable laws, regulations, and industry rules, including but not limited to:
At a minimum, you agree that you will:
No legal advice: TalkPad does not provide legal advice, and you are responsible for determining what consent and disclosures are required for your use case.
You may not use the Services to:
TalkPad may suspend or terminate accounts involved in prohibited activity or that pose compliance or reputational risk to TalkPad or messaging providers.
You retain ownership of your Customer Content. You grant TalkPad a limited, non-exclusive, worldwide license to host, copy, process, transmit, and display Customer Content only as necessary to provide, maintain, secure, and improve the Services, and to comply with law and enforce these Terms.
You represent that you have all rights necessary to provide Customer Content to TalkPad and to use it with the Services.
Your use of the Services is also governed by our Privacy Policy. The Privacy Policy explains how we collect, use, and share information in connection with the Services.
Messaging delivery may involve third-party providers (such as carriers and communications platforms). You acknowledge:
If you purchase paid Services:
TalkPad may change its fees or plans from time to time. If we make changes, we will provide reasonable notice (for example, via email or in-app notice), and changes will take effect at the start of your next billing cycle unless stated otherwise.
If you fail to pay, TalkPad may suspend or terminate access to paid features.
Trials: If TalkPad offers a free trial, TalkPad may modify or end trial terms at any time. After the trial, paid usage may require a paid plan.
You may stop using the Services at any time. TalkPad may suspend or terminate your access:
Upon termination, your right to use the Services ends. TalkPad may retain certain data as described in the Privacy Policy and as required for legal/compliance purposes.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALKPAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TalkPad does not warrant that the Services will be uninterrupted, error-free, or that messages will be delivered.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Some jurisdictions do not allow certain limitations; in that case, limitations apply to the greatest extent permitted.
You agree to defend, indemnify, and hold TalkPad harmless from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
TalkPad may update the Services and these Terms from time to time. When we make changes, we will update the “Last updated” date. If changes are material, we may provide additional notice (e.g., in-app notice or email). Continued use of the Services after changes become effective means you accept the updated Terms.
These Terms are governed by the laws of the State of Kansas, United States, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in Johnson County, Kansas, United States, and you consent to personal jurisdiction there.
Questions about these Terms: contact@talkpad.net
