Talkoa

Terms of service

Effective October 10, 2026. Contact by email only, at the address in clause 34.

These Terms are a binding agreement between you and the company identified in clause 34 for your use of Talkoa. In short: Talkoa is for adults only; Calls are live and are never recorded; the people you meet are strangers whom we do not screen; and Talkoa Plus is optional, sold through Google Play, and renews until you cancel it there. Clauses 22 to 25 disclaim warranties, limit our liability, release us from claims arising from other users' conduct and set out your responsibility to us. Clauses 28 to 30 govern disputes. If you live in the United States, clause 29 requires disputes to be resolved by individual arbitration unless you opt out within 30 days. Nothing in these Terms takes away a right you have by law as a consumer, and clause 30 explains how that works where you live. Please read those clauses with particular care.

1. Definitions and interpretation

1.1 In the Agreement, the following words have the following meanings:

1.2 Headings are for convenience only and do not affect interpretation. A reference to a clause is to a clause of these Terms. The words "including", "includes" and "in particular" are illustrative and do not limit the words that precede them. The singular includes the plural and the reverse. A reference to a statute includes any amendment, consolidation or re-enactment of it and any subordinate legislation made under it. A reference to writing includes email.

1.3 Words such as "to the extent the law allows" and "to the fullest extent permitted by law" mean that the clause in which they appear applies only so far as the Applicable Law that governs your relationship with us, including any Consumer Law, permits. They never extend a clause beyond what that law permits.

1.4 Nothing in the Agreement displaces any rule of law under which an ambiguous or unclear term in a consumer contract is interpreted in favour of the consumer. Where such a rule applies to you, it applies to the Agreement.

1.5 These Terms incorporate by reference the Privacy Policy, the Community Guidelines, the Refund Policy, the Cookies Policy and the Child Safety Standards, each as amended from time to time under clause 31. Together these documents constitute the "Agreement". Each of them is available at all times on talkoa.com.

2. The Agreement and acceptance

2.1 By opening the App and continuing past the welcome screen, or by using the App in any other way, you accept the Agreement and agree to be bound by it. If you do not accept the Agreement, you must not use the App.

2.2 The App is offered to individuals for their personal, non-commercial use. You may not use the App on behalf of a business or other organisation, or for any commercial purpose.

2.3 The Agreement is formed electronically. You agree that your acceptance by electronic means has the same legal effect as a signature on a paper document, in accordance with the Electronic Commerce Act, 2000 (Ontario) and any equivalent law that applies to you.

2.4 You can read, save and print the Agreement at any time on talkoa.com. If you would like a copy sent to you, write to us at the address in clause 34.

3. Eligibility, age and capacity

3.1 You must be 18 or older to use the App. By accepting the Agreement, you represent and warrant that you are 18 or older.

3.2 The App asks for your date of birth before your first Call. Your date of birth is checked on your Device and is not kept.

3.3 If you tell the App that you are under 18, the App stays closed on that Device until your 18th birthday, including after the App is reinstalled or its data is cleared. To apply this Age Hold, the Device keeps only the date on which you turn 18 and sends us that date, together with the Device Identifier, and nothing else. The Age Hold cannot be lifted early by correcting the date of birth you gave.

3.4 If we learn that a person under 18 is using the App, we will close their access and act as the Child Safety Standards describe.

3.5 You may not use the App if: (a) we have suspended your Account or your Device, or otherwise ended your access, and have not reinstated it; (b) you are barred from receiving the App or services like it under the laws that apply to you; or (c) you are located in, ordinarily resident in, or a national of a country or territory that is subject to comprehensive sanctions by Canada or the United States, or you are otherwise a person to whom clause 27 applies.

3.6 You represent and warrant that everything you tell the App about yourself is true, including your date of birth and your Gender Answer.

4. Your Account and device identity

4.1 There is no sign-in. When you first open the App, it creates your Account, which is tied to a random identifier kept in the App's private storage on your Device. We do not ask for your name, email address, telephone number, photographs, contacts or precise location.

4.2 Because your Account exists only through that identifier, clearing the App's data, uninstalling the App, or moving to a new Device gives you a new, empty Account. Your previous Account, its Friends and settings, and any Plus purchased on it cannot be moved to the new Account. Clause 14.6 and the Refund Policy explain what happens to Plus in that case.

4.3 The App also sends us the Device Identifier, a one-way SHA-256 hash of your Device's Android ID, which cannot be turned back into the Android ID and is not shown to anyone. We use it only so that a suspension stays with the Device rather than ending at a reinstall, and so that the Age Hold continues to apply. Any suspension or Age Hold therefore stays with the Device and is not lifted by a new Account, a reinstall or cleared App data.

4.4 You may answer the App's question whether you are a woman, or decline to answer. Answering is optional. If you give a Gender Answer, it is final and cannot be changed afterwards, so please answer accurately. Your Gender Answer is never shown to other Users, but it is used so that Users with Plus who choose to talk only with women, or only with men, can be matched with you. A User using that filter may therefore infer your Gender Answer from being matched with you.

4.5 Other Users see a separate random public identifier rather than your Account identifier. The Users you talk to can see your country, as worked out from your IP address, and whether your Account is less than a week old. Your Friends see a name generated from your public identifier (for example, Blue Heron) and when you were last connected. Nothing more precise than your country is shown by the App, but clause 9.5 explains what a Peer-to-Peer Connection may reveal.

4.6 You are responsible for everything done through your Account, and for keeping your Device secure, including by using a screen lock. If you believe someone else has used your Account, write to us at the address in clause 34.

4.7 One person, one Account. You must not: (a) create or use more than one Account at a time; (b) create an Account, reinstall the App or clear its data to get round a suspension, a Block, a daily limit, a Listening Test, an Ad Pause or an advertisement; or (c) sell, transfer, lend or share your Account or your Device's access to the App with any other person.

5. The nature of Talkoa

5.1 Talkoa connects adults who do not know each other for live voice Calls, and lets them keep in touch with the Users they add as Friends. Talkoa is voice only. It does not offer video, photographs or written messages between Users.

5.2 A Call is limited to 15 minutes, or 60 minutes where you have Plus. When the limit is reached, the Call ends.

5.3 We do not record Calls, and we do not listen to or transcribe them. We cannot check who Users are, and we do not screen, vet, endorse, supervise or monitor the Users you meet, or what they say. Each User is solely responsible for what they say and do.

5.4 Talkoa is not an emergency service, a crisis line, a dating service, a health or counselling service, or a source of legal, financial, medical or other professional advice. Talkoa cannot send help. If you or someone else is in danger, contact local emergency services. In Canada and the United States you can call or text 988 for suicide and crisis support.

6. Licence to use the App

6.1 Subject to your compliance with the Agreement, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App on a Device that you own or control, solely for your personal, non-commercial use in accordance with the Agreement.

6.2 Except as clause 6.1 expressly permits, or as the law allows despite this clause, you must not: (a) copy, modify, translate or create derivative works of the App; (b) reverse engineer, decompile or disassemble the App, or attempt to derive its source code; (c) rent, lease, lend, sell, sublicense, distribute or otherwise make the App available to any other person; (d) remove, alter or obscure any proprietary notice in the App; or (e) use the App to build a competing product or service.

6.3 We may provide updates to the App. Some updates may be required for the App to continue working, and you may need to install the latest version to keep using it.

6.4 The licence in clause 6.1 ends automatically when the Agreement ends or when your access is suspended, for as long as the suspension lasts.

7. Community Guidelines and prohibited conduct

7.1 Every User agrees to follow the Community Guidelines before their first Call. In summary, they require you to be kind, to avoid sexual talk, to use Talkoa only as an adult, never to scam or sell, and to speak the language you chose.

7.2 Without limiting the Community Guidelines, you must not, and must not attempt to, use the App to:

7.3 We may take any of the steps in clause 10 in response to a breach or a reasonably suspected breach of this clause 7 or the Community Guidelines.

8. Recording of Calls and interception laws

8.1 We do not record Calls. You must not record, stream, broadcast, transcribe or share any part of a Call, by any means, without the clear permission of everyone in it, and you must never do so where the law forbids it, even with that permission.

8.2 The laws on recording and intercepting conversations differ from place to place. Some places permit recording with the consent of one person in the conversation; many others, including several states of the United States, require the consent of everyone in it, and some impose criminal penalties for recording, intercepting or disclosing a private conversation without the consent the law requires. Because a Call may connect you with a person in another country, the law of more than one place may apply. You are solely responsible for knowing and complying with every law that applies to any recording you make, and the permission required by clause 8.1 applies whatever those laws say.

8.3 If you believe another User recorded or shared a Call without your permission, you may Report them and write to us at the address in clause 34. You may also have rights against that User under Applicable Law.

9. Your safety and your dealings with other Users

9.1 The Users you meet are strangers. WE DO NOT CONDUCT CRIMINAL RECORD CHECKS, IDENTITY VERIFICATION, BACKGROUND CHECKS OR SEX OFFENDER REGISTRY SEARCHES ON USERS, AND WE DO NOT VERIFY ANY STATEMENT A USER MAKES ABOUT THEMSELVES, INCLUDING THEIR AGE, GENDER OR LOCATION. A User's country, the age of their Account, or the fact that they passed a Listening Test, says nothing about their character or intentions.

9.2 You are solely responsible for your interactions with other Users, in a Call and outside it. Use your judgment. Never share your address, money, passwords, intimate images, or anything you would regret, and be cautious about moving a conversation to another service or meeting a User in person. If you choose to meet a User in person, you do so at your own risk, and you should meet in a public place and tell someone you trust.

9.3 We are not a party to any relationship, arrangement or transaction between Users, and we do not guarantee the conduct of any User. Clause 24 sets out the release you give us in respect of disputes between Users.

9.4 Report and Block are available to every User, free of charge, and you should use them whenever a User makes you uncomfortable or breaks the Community Guidelines.

9.5 Calls travel by Peer-to-Peer Connection where possible. To make a Peer-to-Peer Connection, each Device needs the other's IP address, so the User you talk to could technically see your IP address. An IP address can show an approximate location, such as your city or internet provider. It does not show your name, telephone number or exact address. Where a Peer-to-Peer Connection is not possible, audio passes through a relay run by Cloudflare. Audio is encrypted in transit, and it is never recorded or stored by us or by Cloudflare.

10. Reports, Blocks, moderation, suspension and appeal

10.1 You can Report or Block any User you talk to, during a Call or for 30 minutes after it. Reporting and Blocking are free for every User and are never conditional on having Plus. Reporting a User also Blocks them and ends the Call. A Blocked User is never matched or connected with you again, and no User is told who Reported or Blocked them.

10.2 A Report records the reason you chose, the time, and the Call it concerns. Because we do not record Calls, we review Reports using those records and the other information described in the Privacy Policy, not a recording of what was said. Reports about minors are reviewed first.

10.3 When several different Users Report an Account within a day, the App pauses that Account automatically until our team reviews it. This pause is a precaution pending review. It is not a finding that the Account holder broke the Agreement.

10.4 We may also suspend an Account or a Device, with or without warning, depending on how serious the matter is, where we find or reasonably suspect a breach of the Agreement or of Applicable Law, or a risk to any person, to the App or to us. We may instead, or as well, issue a warning, remove a Language Queue pass under clause 13.4, or take any other measure proportionate to the circumstances.

10.5 A suspension stays with the Device. A new Account, a reinstall or cleared App data does not lift it, and an Account on a suspended Device is suspended too.

10.6 If you think we got it wrong, tap Appeal on the Paused screen in the App, or write to us at the address in clause 34 with your Talkoa ID and the reasons you think the decision is wrong. A person reviews every appeal. If the review finds that a pause or suspension was a mistake, we will lift it. The Refund Policy explains what happens to Plus while an Account is suspended and after a suspension is lifted on review.

10.7 Some decisions about your Account are made automatically, as the Privacy Policy describes, including the pause in clause 10.3, the suspension of an Account on a suspended Device, the Age Hold, the Ad Pause, and the unlocking or removal of a Language Queue. You may ask for any of them to be reviewed by a person by writing to us at the address in clause 34.

10.8 Nothing in this clause 10 limits any right you have under Applicable Law to challenge a decision about your Account before a court, a regulator or an out-of-court dispute settlement body.

11. Child safety

11.1 Talkoa has zero tolerance for child sexual abuse and exploitation, including grooming, sextortion, sexualised content involving anyone under 18, and any attempt to contact a child for sexual purposes.

11.2 We act on child sexual exploitation as the Child Safety Standards describe. A User who engages in it is suspended, with the suspension kept against their Device, and we report it to the National Center for Missing and Exploited Children and, for Canada, to Cybertip.ca, as well as to law enforcement where required. We keep the records the law requires and cooperate with lawful requests from police and child protection agencies.

11.3 If a User sounds under 18, end the Call and Report them with the reason They seem under 18. If a child is in immediate danger, contact your local police first.

12. Calls, Friends and ringing

12.1 The App matches you for Random Calls with other Users who are available at the same time and who meet the criteria that apply to the Call, including the Language Queue chosen, any Blocks, and any filter a User with Plus has chosen. We do not promise that a match will be found within any time, or at all.

12.2 After a Call, you and the other User may each choose to add the other as a Friend. A Friend relationship exists only once both of you have chosen it. A request that is not answered expires after one day.

12.3 Friends can ring each other through the App to start a Friend Call. A Friend Call is a Call for every purpose of the Agreement, and the Community Guidelines, the Call length limit in clause 5.2, and Report and Block all apply to it.

12.4 The number of Friends you can have at one time is limited. Plus gives you more Friend slots. The limits in force are shown in the App.

13. Languages, Listening Tests and daily limits

13.1 Calls in English do not require a Listening Test. Calls in another language take place in that language's Language Queue, which unlocks when you pass a short Listening Test for it.

13.2 Without Plus, the number of Calls you may make each day in Language Queues is limited. With Plus, Calls in the Language Queues you have unlocked are unlimited. Plus does not unlock a Language Queue without a Listening Test. The limits in force are shown in the App.

13.3 After a Call in a Language Queue, you may be asked whether the other User spoke the chosen language. Please answer honestly.

13.4 A Language Queue pass can be taken back if several Users say that the language was not spoken. You may ask for that decision to be reviewed under clause 10.7.

13.5 A Listening Test measures only whether you could follow a short sample of the language. It is not a certification of language ability, and we give no assurance that any User in a Language Queue speaks the language well.

14. Talkoa Plus

14.1 Plus is an optional subscription. Talkoa itself is free, and you do not need Plus to use it.

14.2 While Plus is active on your Account, it gives you: (a) Calls of up to 60 minutes instead of 15; (b) no advertisements; (c) filters by gender and by country for Random Calls; (d) unlimited Calls in the Language Queues you have unlocked; and (e) more Friend slots. The features included in Plus at the time of purchase are those shown in the App and in Google Play.

14.3 The gender filter matches you only with Users whose Gender Answer corresponds to the filter you choose, and the country filter matches you only with Users connecting from the countries you choose. A filter narrows the Users with whom you can be matched, and it may increase the time it takes to find a match. Filters rely on Users' own Gender Answers and on the country derived from their IP address, neither of which we verify.

14.4 Plus never changes safety. Every User, with or without Plus, can Report and Block, and the Agreement and the Community Guidelines apply equally to everyone. Having Plus does not exempt you from moderation, and a User without Plus is not treated less favourably in any review.

14.5 Each purchase of Plus belongs to the Account that made it. It is personal to you, and it may not be transferred to another person or another Account.

14.6 Because there is no sign-in, Plus does not move to a new Account after a reinstall, a new Device or cleared App data. If that happens while you have paid Plus time left, the Refund Policy explains how to ask for a refund of the unused part of the current Plus Period.

15. Billing through Google Play, renewal, cancellation, price changes and taxes

15.1 Plus is sold only through Google Play. Google processes the payment and holds your payment details, and we never see them. Google acts as merchant of record, or as our agent for the sale, to the extent its terms provide, and Google Play's terms and policies govern billing, payment methods and the payment process. Your contract for the Plus features themselves is with us, under the Agreement.

15.2 The price of Plus, in your currency, the length of each Plus Period, and any taxes that apply are shown in Google Play before you buy. By completing a purchase, you authorise Google to charge the price shown, and each renewal price, to the payment method you selected in Google Play.

15.3 PLUS RENEWS AUTOMATICALLY AT THE END OF EACH PLUS PERIOD, FOR A FURTHER PERIOD OF THE SAME LENGTH, AND YOU WILL BE CHARGED FOR EACH RENEWAL, UNTIL YOU CANCEL IT IN GOOGLE PLAY.

15.4 You can cancel Plus at any time in Google Play, under Payments and subscriptions, then Subscriptions, then Talkoa Plus. Cancelling stops the next renewal. Plus continues until the end of the Plus Period already paid for, and then ends. To avoid being charged for the next Plus Period, cancel before the renewal date.

15.5 DELETING THE APP OR YOUR ACCOUNT DOES NOT CANCEL PLUS. You must also cancel it in Google Play, or it will keep renewing.

15.6 We may change the price of Plus. A price change applies only from your next renewal after it takes effect, never to a Plus Period already paid for, and Google Play tells you about it before it applies to you, in the manner and with the notice Google Play's policies and Applicable Law require. Where Google Play or Applicable Law requires your consent to a price increase, Plus will not renew at the new price without it. If you do not accept a price change, you may cancel Plus under clause 15.4 before it applies.

15.7 Prices are set by us and charged by Google in your currency. Any sales, goods and services, harmonised, value added or similar tax that applies is calculated and collected as Google Play shows at the time of purchase. Your bank or card issuer may charge you a currency conversion or foreign transaction fee, which is not set or received by us.

15.8 Refunds of Plus are governed by the Refund Policy, which forms part of the Agreement. Among other things, it gives you a full refund of your first payment for Plus if you ask within 7 days of that payment, once per person and per Device, and a full refund of any charge made in error, as it describes. Within 48 hours of any payment you can also ask Google directly for a refund under Google Play's own refund policy. Nothing in the Refund Policy or in these Terms takes away a refund right you have under Consumer Law.

15.9 If you believe you were charged in error, please write to us before disputing the charge with your bank or card issuer, so that we can correct it quickly. This is a request, not a condition of any right you have against your bank or card issuer.

16. Advertising and Ad Pauses

16.1 Talkoa is free to use because it shows advertisements from Google AdMob. Plus has no advertisements.

16.2 Without Plus, the App shows a banner advertisement on the home screen and a full-screen advertisement between some Calls. No advertisement is ever shown during a Call. Full-screen advertisements are shown at most one every few minutes, and new Users get their first few Calls without full-screen advertisements.

16.3 Google may collect information, including your Device's advertising ID, to show, limit and measure advertisements, as the Privacy Policy and the Cookies Policy describe. Where the law requires it, Google's consent form asks you before personalised advertisements are shown, and you can change your choice in the App under Settings, then Ad privacy choices.

16.4 If Calls keep ending before the advertisement between them can be shown, for example because the App is closed each time, new Random Calls pause for a couple of minutes. Friend Calls are not affected by an Ad Pause, and watching a short advertisement ends the Ad Pause at once. An Ad Pause is not a sanction, and it has no effect on your Account beyond that pause.

16.5 Advertisers, not us, are responsible for their advertisements and for the products and services in them. An advertisement in the App is not an endorsement by us. Any dealing between you and an advertiser, including any purchase, is solely between you and that advertiser, and on that advertiser's terms.

17. Beta and experimental features

17.1 We may offer features that are identified in the App as beta, preview, trial or experimental. Such features are offered so that we can test and improve them, may not work as expected, and may be changed or withdrawn at any time without notice.

17.2 To the extent the law allows, beta and experimental features are excluded from any commitment we make about availability or performance in the Agreement. The Community Guidelines, Report and Block, and the safety provisions of the Agreement apply to them in full.

18. Privacy and device storage

18.1 The Privacy Policy explains what personal information we collect, why, with whom we share it, how long we keep it, where it is held, and your rights in respect of it. The Cookies Policy explains what the App stores on your Device and what talkoa.com stores in your browser.

18.2 We do not sell personal information, and we do not use your information to train artificial intelligence models.

19. Intellectual property, Feedback and trade marks

19.1 Your Voice Content belongs to you. Calls are passed between Devices live and are not recorded or stored by us. You grant us, and the providers that carry Calls for us, only the limited, non-exclusive right to transmit your Voice Content live between the Devices in a Call, which ends when the Call ends. We claim no other right in your Voice Content.

19.2 The App, including its software, design, interfaces, graphics, sounds, text, the Talkoa name and logo, and every improvement to any of them, belongs to us or our licensors and is protected by copyright, trade mark and other laws. Except for the licence in clause 6.1, no right, title or interest in the App is granted to you.

19.3 "Talkoa", "Talkoa Plus" and the Talkoa logo are our trade marks. You may not use them, or any confusingly similar mark, without our prior written permission, except to refer to the App accurately. Other trade marks shown in the App, including Google, Google Play and Android, belong to their owners.

19.4 We welcome Feedback, but you are not obliged to give any. If you give Feedback, you agree that we may use it for any purpose, without restriction, payment or attribution and without any obligation to you, and that we are not obliged to keep it confidential. Please do not send us Feedback that you regard as confidential or that belongs to someone else.

20. Third-party services and Google Play

20.1 The App relies on Third-Party Services, including Oracle Cloud for hosting, Cloudflare for network connections, the call relay and country detection, Google AdMob for advertising, and Google Play for distribution, billing and install information, as the Privacy Policy describes. Calls also depend on the internet, mobile networks and Devices that are outside our control.

20.2 We select our providers with care, but we do not control them. To the extent the law allows, we are not responsible for the acts, omissions, availability or continuity of any Third-Party Service, and an interruption, failure or change that originates with one of them is not a breach of the Agreement by us. This clause does not affect our responsibility for our own acts and omissions, or for providers acting on our behalf, to the extent the Privacy Policy or Applicable Law makes us responsible for them.

20.3 You obtain the App through Google Play, and your use of Google Play is also subject to Google's terms and policies. The Agreement is between you and us only, not with Google, and we, not Google, are responsible for the App and its content, subject to the Agreement. Google Play's terms govern your relationship with Google, including in respect of billing under clause 15. If Google Play's terms conflict with the Agreement in respect of your use of Google Play, Google Play's terms prevail to the extent of the conflict.

21. Availability, modifications and discontinuance

21.1 We work to keep Talkoa running and safe. However, we do not promise that the App will always be available or free of errors, that a match will be found, that every Call will connect or sound clear, or that any User will behave well. The App may be unavailable from time to time, including for maintenance, updates, security measures or reasons beyond our control.

21.2 The App may not be available in every country, and we may restrict access from any country where we consider that offering it would be unlawful or impracticable.

21.3 We may change, add or remove features of the App, including the features included in Plus and the limits described in clauses 12.4 and 13.2. Where a change materially reduces the features of Plus during a Plus Period that you have already paid for, we will tell you in the App before the change takes effect where practicable, and you may ask for a refund of the unused part of that Plus Period under the Refund Policy or as Consumer Law provides.

21.4 We may stop offering Plus or the App, in whole or in part. If we stop offering Plus, or close Talkoa, while you have paid Plus time left, we will refund the unused part of the current Plus Period, as the Refund Policy provides.

22. Disclaimers

22.1 NOTHING IN THIS CLAUSE 22 EXCLUDES OR LIMITS ANY WARRANTY, CONDITION, GUARANTEE OR RIGHT THAT YOU HAVE UNDER CONSUMER LAW AND THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

22.2 SUBJECT TO CLAUSE 22.1, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.

22.3 SUBJECT TO CLAUSE 22.1, WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT A MATCH WILL BE FOUND, THAT ANY CALL WILL CONNECT OR BE OF ANY PARTICULAR QUALITY OR LENGTH, OR THAT ANY USER IS WHO THEY CLAIM TO BE OR WILL BEHAVE LAWFULLY OR WELL.

22.4 SUBJECT TO CLAUSE 22.1, WE ARE NOT RESPONSIBLE FOR ANYTHING THAT ANOTHER USER SAYS OR DOES, IN A CALL OR OUTSIDE IT, AND WE MAKE NO REPRESENTATION ABOUT THE CHARACTER, IDENTITY, AGE, INTENTIONS OR CONDUCT OF ANY USER.

22.5 No system is completely secure. We protect the App and the information it handles as the Privacy Policy describes, but we cannot promise that it can never be compromised.

23. Limitation of liability

23.1 NOTHING IN THE AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR: (a) FRAUD OR FRAUDULENT MISREPRESENTATION; (b) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (c) OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT; OR (d) ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. NOTHING IN THE AGREEMENT REMOVES ANY RIGHT YOU HAVE UNDER CONSUMER LAW WHERE YOU LIVE.

23.2 SUBJECT TO CLAUSE 23.1, AND TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE TO YOU FOR: (a) ANYTHING THAT ANOTHER USER SAYS OR DOES, IN A CALL OR OUTSIDE IT; (b) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE; OR (c) ANY LOSS OF DATA, PROFIT, REVENUE, GOODWILL OR OPPORTUNITY; IN EACH CASE HOWEVER ARISING, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF IT.

23.3 SUBJECT TO CLAUSE 23.1, AND TO THE EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR TALKOA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE TOTAL AMOUNT YOU PAID FOR PLUS IN THE 12 MONTHS BEFORE THE CLAIM; AND (b) CAD 50.

23.4 The limit in clause 23.3 applies to all claims together, not to each claim separately.

23.5 The limitations and exclusions in this clause 23 also benefit our directors, officers, employees and contractors, who may rely on them, but they do not limit the liability of any of those persons for their own fraud, wilful misconduct or any other liability that cannot lawfully be limited.

24. Release of claims arising from disputes between Users

24.1 You are solely responsible for your dealings with other Users. TO THE EXTENT THE LAW ALLOWS, YOU RELEASE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS, FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTE BETWEEN YOU AND ANOTHER USER, OR THE CONDUCT OF ANOTHER USER, IN A CALL OR OUTSIDE IT.

24.2 The release in clause 24.1 does not release us from liability for our own breach of the Agreement, for our own negligence, gross negligence or wilful misconduct, for any liability described in clause 23.1, or for any claim that cannot lawfully be released.

24.3 IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." If you are a resident of any other place with a law to similar effect, you waive that law to the same extent. This waiver applies only to the release in clause 24.1, as limited by clause 24.2, and only to the extent Consumer Law permits.

24.4 This clause 24 does not affect any claim you have against another User, or your right to Report a User or to contact the authorities.

25. Indemnity

25.1 To the extent the law allows, if you breach the Agreement or the law in using the App, and a third party makes a claim against us, or against our directors, officers, employees or contractors, because of that breach, you are responsible for the reasonable losses, damages and costs (including reasonable legal fees) that result.

25.2 Your responsibility under clause 25.1: (a) applies only to the extent the loss was caused by your breach; (b) is reduced to the extent the loss was caused or contributed to by us; and (c) does not apply to any loss that arises from our own breach of the Agreement or of the law.

25.3 We will tell you promptly of any claim to which clause 25.1 applies, give you a reasonable opportunity to take part in its defence at your own cost, and not settle it in a way that imposes an obligation on you without your consent, which you will not unreasonably withhold.

25.4 If you are a consumer in a jurisdiction whose Consumer Law does not permit a term of this kind to be enforced against a consumer, or permits it only in part, this clause 25 applies only to the extent that law permits, and it does not make you liable for more than you would be liable for under that law in any event.

26. Term, termination and survival

26.1 The Agreement begins when you accept it under clause 2.1 and continues until it is ended under this clause 26.

26.2 You may stop using the App at any time. You may also delete your Account in the App under Settings, then Account, then Delete account, by typing DELETE to confirm, in which case your Account is deleted straight away. If you cannot use the App, you may ask us to delete your Account by writing to us at the address in clause 34 with the subject "Delete my Talkoa account" and your Talkoa ID, as our deletion page explains. The Agreement ends when your Account is deleted.

26.3 Deleting your Account does not cancel Plus in Google Play. Cancel it there too, under clause 15.4.

26.4 We may suspend or end your access to the App, or end the Agreement, as clause 10 describes, for a breach of the Agreement, where the law requires us to, or where we stop offering the App under clause 21.4.

26.5 What we keep after your Account is deleted, and for how long, is set out in the Privacy Policy and on our deletion page. In particular, to keep other Users safe, we keep Reports about your Account, and any suspension together with the Device Identifier it applies to, for up to 2 years after deletion, and an Age Hold until the 18th birthday it records. Records that the law requires us to keep are kept for as long as the law requires.

26.6 The end of the Agreement does not affect any right or liability that accrued before it ended. Clauses 1, 8, 9.3, 15.8, 19, 22, 23, 24, 25, 26.5, 26.6, 28, 29, 30, 32, 33 and 34 continue after the Agreement ends, together with any other provision that by its nature is intended to continue.

27. Export controls and sanctions

27.1 You represent and warrant that: (a) you are not located in, ordinarily resident in, or a national of a country or territory that is subject to comprehensive sanctions by Canada or the United States; (b) you are not named on, or owned or controlled by a person named on, any list of persons subject to sanctions or export restrictions maintained by Canada, the United States, the United Nations, the European Union or the United Kingdom; and (c) you will not use the App in breach of any sanctions or export control law.

27.2 You must not use a virtual private network, proxy or other means to disguise your location in order to get round clause 27.1 or any restriction under clause 21.2.

27.3 We may suspend or end your access immediately where we reasonably believe that your use of the App would breach this clause 27 or would expose us to liability under sanctions or export control law. Where we are prohibited by law from making a refund to a sanctioned person, the Refund Policy applies only to the extent the law permits.

28. Dispute resolution

28.1 If something goes wrong, please write to us first at the address in clause 34, with your Talkoa ID, a description of the problem and what you would like us to do. We will try to resolve it within 30 days of receiving your message.

28.2 If we have a Dispute with you, we will tell you by a notice in the App or, if you have written to us, by email, and the same 30-day period applies.

28.3 Neither of us will begin proceedings, including arbitration under clause 29, in respect of a Dispute until the 30-day period in clause 28.1 or 28.2 has passed, except that: (a) either of us may at any time seek urgent injunctive or other interim relief from a competent court to prevent irreparable harm; (b) either of us may begin proceedings at any time where that is necessary to prevent a limitation period from expiring; and (c) nothing in this clause 28.3 delays any complaint you make to a regulator or any right you have under Consumer Law to go to court without first following this process.

28.4 The Agreement, and any non-contractual obligation arising out of or in connection with it, is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules that would require the law of another place to apply. If you live elsewhere, you keep any protection that the law where you live gives you and that cannot be taken away by agreement, as clause 30 explains.

28.5 Subject to clause 29 and to your rights as a consumer, the courts of the Province of Ontario have jurisdiction over any Dispute.

28.6 The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

29. Users in the United States: binding individual arbitration

29.1 This clause 29 applies only if you live in the United States. It prevails over clause 28.5 to the extent of any conflict. PLEASE READ IT CAREFULLY, BECAUSE IT AFFECTS HOW DISPUTES ARE RESOLVED AND YOUR RIGHT TO GO TO COURT.

29.2 Any Dispute that is not resolved under clause 28 will be finally resolved by binding individual arbitration administered by the International Centre for Dispute Resolution ("ICDR"), the international division of the American Arbitration Association, under the ICDR rules in force when the arbitration begins, including any procedures it applies to consumer disputes, as modified by this clause 29. The arbitration will be heard by a single arbitrator, the seat of arbitration is Toronto, Ontario, and the language of the arbitration is English. The Federal Arbitration Act governs the interpretation and enforcement of this clause 29. Judgment on the award may be entered in any court of competent jurisdiction.

29.3 To make arbitration accessible to you: (a) you may take part in any hearing by video or telephone, and you will not be required to travel to Toronto; (b) where your claim is for USD 25,000 or less, the arbitration will be decided on written submissions unless you ask for a hearing or the arbitrator decides one is needed; (c) we will pay all filing, administrative and arbitrator fees for any arbitration you begin, except for any part of the filing fee that is no more than the fee you would have paid to begin a claim in a court where you live; and (d) the arbitrator may award any individual relief that a court could award to you individually, including damages, declaratory relief and injunctive relief, and must give a written decision stating the reasons for the award. Each of us bears our own legal fees, unless the arbitrator awards fees under a law that permits it or finds that a claim was frivolous or brought for an improper purpose.

29.4 Either of us may bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, for as long as the claim remains in that court and is pursued on an individual basis only.

29.5 YOU AND WE EACH AGREE THAT, TO THE EXTENT THE LAW ALLOWS, ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT WITH THE AGREEMENT OF YOU AND US.

29.6 YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL in respect of any Dispute resolved under this clause 29.

29.7 If a court decides that clause 29.5 cannot be enforced in respect of a particular claim or form of relief, including a claim for public injunctive relief, that claim or relief will be separated from the arbitration and decided by a court, after the individual claims in the arbitration have been decided, and the rest of this clause 29 continues to apply. If clause 29.5 is found unenforceable in its entirety, this clause 29, other than clause 29.8, does not apply.

29.8 YOU MAY OPT OUT OF THIS CLAUSE 29 by writing to us at the address in clause 34 within 30 days after you first accept the Agreement, with your Talkoa ID and a statement that you opt out of arbitration. Opting out does not affect any other part of the Agreement, and Disputes will then be resolved in court under clause 28.

29.9 If we make a material change to this clause 29, the change will not apply to a Dispute of which either of us has already given notice under clause 28. You may reject the change by writing to us at the address in clause 34 within 30 days after it is first shown in the App, in which case the version of this clause 29 that applied before the change continues to apply to you.

30. Your rights as a consumer where you live

30.1 This clause 30 prevails over every other provision of the Agreement. Where you are a consumer, the mandatory Consumer Law of the place where you live applies to you, and nothing in the Agreement limits or excludes any right you have under it. If a provision of the Agreement is inconsistent with that law, it applies to you only to the extent that law permits.

Canada

30.2 If you live in Canada, you have the rights that the consumer protection law of your province or territory gives you. Clause 29 does not apply to you. Nothing in the Agreement prevents you from bringing a claim in a court with jurisdiction where you live, from joining or bringing a class proceeding, or from making a complaint to a regulator, where your provincial or territorial law gives you that right, including under the Consumer Protection Act, 2002 (Ontario) where it applies to you.

Quebec

30.3 If you live in Quebec, the Consumer Protection Act (Quebec) and the Civil Code of Québec apply to you, in addition to clause 30.2. Clause 29 does not apply to you, and nothing in the Agreement prevents you from bringing a claim before the courts of Quebec or from taking part in a class action. Clauses 22 to 25 do not exclude or limit our liability for our own acts or those of our representatives, or for bodily or moral injury caused to you, and apply only to the extent that Quebec law permits. An amendment to the Agreement takes effect for you only in accordance with the notice and other requirements of Quebec law.

European Union and United Kingdom

30.4 If you live in the European Union or the United Kingdom, you benefit from the mandatory provisions of the law of the country where you live, and the choice of Ontario law in clause 28.4 does not deprive you of their protection. You may bring a claim in the courts of the country where you live, and we may bring a claim against you only in those courts. Clause 29 does not apply to you. You have the statutory rights that apply to digital content and digital services, including the right to remedies where the App or Plus does not conform to the Agreement, and the right to withdraw from a purchase where the law gives it to you, subject to the conditions that law sets. Clauses 22 to 25 do not exclude or limit liability for gross negligence or wilful misconduct, for death or personal injury, or for breach of a material contractual obligation, to the extent your law does not permit it. You may also complain to a consumer protection authority in your country.

Australia

30.5 If you live in Australia, the Australian Consumer Law gives you consumer guarantees that cannot be excluded, restricted or modified, and nothing in the Agreement does so. Clause 29 does not apply to you. To the extent that clauses 22 to 25 would exclude, restrict or modify a consumer guarantee or another right under the Australian Consumer Law, they do not apply. You may also contact your state or territory consumer protection agency, or the Australian Competition and Consumer Commission.

India

30.6 If you live in India, the Consumer Protection Act, 2019 and the rules made under it apply to you, and nothing in the Agreement limits any right you have under them, including the right to bring a complaint before a Consumer Disputes Redressal Commission with jurisdiction. Clause 29 does not apply to you. Complaints and grievances about the App, including about content or conduct on it, may be sent to us at the address in clause 34, and we will deal with them as Applicable Law requires.

Elsewhere

30.7 If you live anywhere else where Consumer Law gives you the right to go to court, to bring or join a class or representative proceeding, or to rely on the law of the place where you live, clause 29 does not apply to you to the extent of that right, and the Agreement applies subject to that law.

30.8 If you live in California, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

31. Amendments

31.1 We may amend the Agreement, for example to reflect a change in the App, in Applicable Law, or in how we operate. The version in force is the one published on talkoa.com, with its effective date at the top.

31.2 If an amendment is material, we will show a notice in the App before it takes effect, giving reasonable advance notice and in any event not less than any minimum period that Applicable Law requires. The notice will tell you that the Agreement is changing, where to read the new version, and when the change takes effect.

31.3 If you continue to use the App after the date on which a change takes effect, you accept it. If you do not accept a change, you may stop using the App, delete your Account under clause 26.2 and cancel Plus under clause 15.4, and you may have a right under Consumer Law or the Refund Policy to a refund of the unused part of a current Plus Period.

31.4 An amendment does not apply to a Dispute of which either of us gave notice under clause 28 before the amendment took effect. Clause 29.9 applies to amendments to clause 29.

31.5 We may make a change that is not material, such as a correction, a clarification or a change of formatting, without notice in the App, by publishing the amended version with a new effective date.

32. Notices

32.1 Notices to us under the Agreement, including legal notices, appeals, requests under clause 29.8 and requests about your Account, must be sent by email to the address in clause 34. A notice to us is received when it arrives in our inbox, or, if it arrives on a day that is not a Business Day or after 5 p.m. Toronto time, on the next Business Day.

32.2 Because there is no sign-in and we do not ask for your contact details, we will give you notices by showing them in the App, or by publishing them on talkoa.com, or, where you have written to us, by replying to the email address you wrote from. A notice in the App is given when it is first shown to you, and a notice by email is given when it is sent.

32.3 We correspond by email and do not maintain a postal address for notices. Please include your Talkoa ID in any notice about your Account, so that we can identify it. Because there is no sign-in, we may ask you to confirm details that only your Device shows before acting on a request about your Account, so that nobody else can act on it.

33. General provisions

33.1 Force majeure. Neither of us is responsible for a failure or delay in performing the Agreement to the extent it is caused by an event beyond our reasonable control, including a natural disaster, fire, flood, war, terrorism, civil unrest, an epidemic, industrial action, action by a government or authority, or a failure of the internet, power, telecommunications or another company's infrastructure. This clause does not affect your right to a refund under the Refund Policy or Consumer Law.

33.2 Assignment. You may not assign, transfer or sub-license the Agreement or any right under it. We may assign or transfer the Agreement to another company that takes over Talkoa, including as part of a merger, acquisition, reorganisation or sale of assets, provided that the transfer does not reduce your rights under the Agreement or under Consumer Law. We will tell you of any such transfer by a notice in the App or on talkoa.com.

33.3 Subcontracting. We may use subcontractors and service providers to operate the App, and we remain responsible for our obligations under the Agreement.

33.4 Severability. If any provision of the Agreement is held invalid, illegal or unenforceable, it applies with the minimum modification needed to make it valid and enforceable, or, if that is not possible, it is treated as removed. The rest of the Agreement continues in full force. This clause is subject to clause 29.7.

33.5 Waiver. A failure or delay in enforcing a right under the Agreement is not a waiver of it, and a single or partial exercise of a right does not prevent any further exercise of it. A waiver is effective only if it is in writing.

33.6 Order of precedence. If the documents that make up the Agreement conflict: (a) clause 30 prevails over everything else; (b) the Child Safety Standards prevail on child sexual abuse and exploitation; (c) the Privacy Policy prevails on the handling of personal information; (d) the Cookies Policy prevails on what is stored on your Device or in your browser; (e) the Refund Policy prevails on refunds; and (f) these Terms prevail otherwise. The Community Guidelines add to, and do not reduce, the obligations in clause 7.

33.7 Entire agreement. The Agreement is the whole agreement between you and us about Talkoa, and it replaces any earlier agreement, version or understanding about its subject matter. Nothing in this clause limits liability for fraud or fraudulent misrepresentation, or any right you have under Consumer Law.

33.8 Third parties. No person other than you and us has any right to enforce the Agreement, except that the persons named in clauses 23.5, 24.1 and 25.1 may rely on those clauses.

33.9 Electronic acceptance. Acceptance of the Agreement by electronic means, including by continuing past the App's welcome screen, has the same force as a signed original.

33.10 Language. You and we have expressly required that the Agreement and all related documents be drawn up in English. Vous et nous avons expressément exigé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais. If we provide a translation of the Agreement, the English version prevails to the extent of any inconsistency, except where Applicable Law requires otherwise.

34. Contracting entity and contact

34.1 Talkoa is provided by, and the Agreement is entered into with, Inayah Tech Solutions Inc., a corporation incorporated under the laws of the Province of Ontario, Canada, which operates the App under the name Talkoa. Every reference in the Agreement to "Talkoa", "we", "us" or "our" is a reference to that corporation.

34.2 Questions about the Agreement, legal notices, appeals, refund requests, account deletion requests, privacy requests, child safety matters and support: support@talkoa.com. We correspond by email only and do not maintain a postal address for notices.

34.3 These Terms replace any earlier version.