talkon Ltd. - Terms of Use
Last Revised: October 2022
talkon Ltd. together with its subsidiaries (“talkon", “we”, “our”, or the “Company”) welcomes you (the “yourself”, or “you”) to use the speech language pathologist services platform (“talkon Platform”) including by using Talkon mobile and/or Talkon browser and/or Talkon desktop application (the “Apps”), and to visit our web website located at (https://talkon.health/ the “Site”) (use of the Talkon Platform, the App, the Site, and any services and features provided through the talkon App or Platform, collectively, the “Services”) (all as defined in more detail hereunder). You may use the Services, and in accordance with the terms and conditions hereunder. The Site, the Talkon Platform and the Apps are collectively referred to hereunder as the ‘talkon Solution’.
By entering to, connecting to, accessing or using the Services or any portion of the talkon Solution and/or by setting up an account, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy located at https://global.talkon.health/privacypolicy (collectively with the term of use, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between Talkon and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICES, THE Talkon SOLUTION OR ANY PART THEREOF IN ANY MANNER.
IF YOU HAVE ACCEPTED OTHER TERMS AND CONDITIONS AND PRIVACY NOTICES, PURPORTING TO EXCLUSIVELY GOVERN YOUR USE OF THE SERVICES THROUGH A DIFFERENT AGREEMENT BETWEEN YOU AND ANY AUTHORIZED RESELLER OR DISTRIBUTOR OF THE SERVICES, SUCH OTHER TERMS AND CONDITIONS AND PRIVACY NOTICES SHALL SUPERSEDE THE TERMS.
The Talkon Services allow speech language pathologist clinicians registered to the Services (“Clinician”) to devise, provide and monitor the performance of speech language pathology training programs (the “Training Programs”), intended to be performed by their clients (“Clients”) in the Clients’ home environment (“Training”), and provide the parents or legal guardians of such Clients (the “Parents”) the tools to independently monitor and asses the performance of such Training (together the “Therapy Services”), and for communication between Clinicians and Parents.
TO USE THE SERVICE AND OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN
(18) YEARS (SEE SECTION 18 BELOW).
Parents may only add and list a Client under their Account if they are the parent or legal guardian of such Client. Additionally, Clients may be added under their Parent’s Account, by the relevant Clinician subject to receiving the Parent’s written permission.
If you are a Parent, you hereby accept and agree to these Terms and you declare to Talkon that you have all legal authority to bind such Client and have the necessary legal capacity, authorities, consents and approvals (as applicable) provided from or in connection with such Client(s), to act as such Client care giver and receive, transmit and access such Client’s personal information as further detailed in the Talkon Privacy Policy located at https://global.talkon.health/privacypolicy . The Parent assumes full responsibility for actions and omission of Clients listed under their Account.
If you are a Clinician you confirm that for Clients under the age of eighteen (18), you have obtained all of the required consents, approvals, and rights to provide Therapy Services to such Clients, including the receipt, access, processing, transmitting, displaying and providing personal information on the minor’s behalf, as applicable, all in accordance with our Privacy Policy.
Parents, Clients and Clinicians are all referred to herein as users of the Talkon Services (the “Users”) and the Terms shall apply to each User accordingly.
IMPORTANT- NO MEDICAL ADVICE BY TALKON:
TALKON IS NOT A HEALTH CARE PROVIDER AND HAS NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO THE THERAPY SERVICES PROVIDED OR CONVEYED VIA THE SERVICE, NOR FOR ANY CONTENT OR INFORMATION EXCHANGED BETWEEN CLINICIANS, CLIENTS AND PARENTS THROUGH THE SERVICES OR OTHERWISE MADE AVAILABLE BY Talkon THROUGH THE SITE.
THE Talkon SERVICES IS A DIGITAL SOLUTION ENABLING A MERE CONDUIT BETWEEN CLIENTS AND CLINICIANS FOR COMMUNICATION OF INFORMATION OR DELIVERY OF THERAPY SERVICES. Talkon THEREFORE IS NOT, AND WILL NOT, BE RESPONSIBLE IN ANY WAY FOR ANY THERAPY SERVICES, TRAINING, TRAINING PROGRAMS, DETERMINATION OR RECOMMENDATION INCLUDING ANY TREATMENT RECOMMENDATIONS AND/OR NOTIFICATIONS CONVEYED USING THE Talkon SERVICES, INCLUDING, BY OR TO ANY USER (INCLUDING A CLINICIAN).
BY USING THE SERVICE, YOU AGREE THAT Talkon IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE SERVICE OR ITS USE BY YOU OR ANY OTHER USER.
UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE SERVICE, Talkon DOES NOT IN ANY WAY ENDORSE, RECOMMEND OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE, ADVICE PROVIDED OR ACTION TAKEN OR NOT TAKEN WHOLLY OR PARTIALLY IN RELIANCE ON THE SERVICE OR ANY INFORMATION CONVEYED VIA THE SERVICE, OR OBTAINED THEREFROM, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF.
TALKON IS NOT SPONSORED OR ENDORSED IN ANY MANNER BY ANY CLINICIAN OR PARENT/CLIENT. THE DECISION OF ANY PARENT/CLIENT TO RECEIVE THERAPY SERVICES FROM THE CLINICIAN, AS WELL AS THE DECISION OF THE CLINICIAN TO PROVIDE THERAPY SERVICES TO THE PARENT/CLIENT, IS THE SOLE RESPONSIBILITY OF THE PARENT/CLIENT OR THE CLINICIAN (AS APPLICABLE).
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE Talkon SERVICE IS ENTIRELY AT YOUR OWN RISK.
In order to use the Talkon Services, you must register and open a User account through the App or the Site (the “Account”). Registration must be done by providing us with your contact information and other information we may deem relevant. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request through the Services appropriate channel to have a new password issued and sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if we determine that you or anyone using your Account violates these Terms.
To learn more about the type of information collected by us when you register to the Service, please visit our Privacy Policy at: https://global.talkon.health/privacypolicy
You must provide accurate and complete information when creating an Account and you agree to not misrepresent any of the personal information provided for the Account registration or Account information, and to keep your Account information accurate and up to date.
You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of talkon.
You must notify us immediately of any unauthorized use of your Account of login credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Talkon and/or others due to any such use.
If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting Talkon Support at office@talkon.health. Your Account will be terminated within a reasonable time following your request in accordance with the Privacy Policy, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to talkon, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. Talkon SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
You hereby represent and warrant that:
Service;
There are certain conducts which are strictly prohibited in our Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at talkon’s sole determination) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or any of the Talkon information and resources about the Services, talkon’s systems and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”), in any way or publicly display, perform, or distribute them; (ii) make any use of the Services and/or Content on any other website or networked computer environment other than in the Site, for any purpose, or replicate or copy the Content without talkon’s prior written consent; (iii) create a browser or border environment around talkon's Services, Content and any part thereof (no frames or inline linking); (iv) interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with our Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of our Services, or the servers or networks that host our Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content of our Services; (ix) frame or mirror any part of this Site without talkon's prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from our Services; (xi) forward any data generated from our Services without the prior written consent of talkon; or (xii) to transfer and/or assign the User’s Account’s password, even temporary, for third party; (xiii) use our Services for any illegal, immoral or unauthorized purpose; (xiv) use the Talkon Services to upload any information not reasonably required for the provision or consumption of Therapy Services, without limitation; (xv) capture, upload, display, convey and/or otherwise communicate to Talkon or to any Users, any information, imagery and other content which is proprietary information of any third party (i) without obtaining such third party prior written consent, or (ii) that is, inter alia, harassing, offensive, indecent, pornographic, illegal, abusive or vulgar; or (xvi) use our Services, the and/or the Content for non-personal or commercial purposes without talkon's express prior written consent or pursuant to an express written agreement.
Parents hereby acknowledge and agree that their interaction with and choice of the Clinicians for the relevant Client, is solely at your own risk, and that Talkon does not provide recommendations on any of the Clinicians nor endorses any of them. Talkon shall not be liable or responsible in any way whatsoever for any damage, loss, liability, cost, expense or claim in connection with any advice or information provided by such Clinician, including without limitation as to the reliability, quality, accuracy or usability of such advice or information, nor in connection with the identity, qualification, credentials or action and omissions of the Clinician.
If you are a Clinician, you hereby undertake and represent to Talkon that: (i) you are a licensed health care practitioner and that your license has not been revoked or withdrawn; (ii) you will use your best efforts and employ reasonably accepted professional standards in your field of practice, in your use of the Services, when providing Therapy Services, and to provide your diagnosis and/or Training Programs to any Client; (iii) you have the requisite authority, consents and approvals required to provide the Therapy Services to the Client; (iv) you have the full power and authority to accept these Terms; (v) you shall keep confidential any and all information you learn from the Talkon Services and shall not use such information for any purpose, including for commercial or personal purposes, other than as required to perform your Therapy Services, nor will you copy, make screen captures or store any Content from the Services; (vi) you will not receive any payment, benefit or kickback in violation of any and all laws, rules, regulations and ethical rules and standards applicable to you (“Laws”); (vii) you acknowledge that any Client you interact with, or receive access to its personal information, through the Talkon Services, is deemed your client in accordance with all Laws and that you will adhere to such Laws in your provision of health care services; and (viii) you will protect and maintain the confidentiality of any personal information you receive or have access to in the scope of the Services, and use it or disclose it (only to third parties bound by appropriate non disclosure obligations) to the extent required for the provision of health care services to the relevant client.
In consideration for the Services, Talkon will charge a price stated in the relevant offer for the paid Service as presented to you during registration and thereafter prior to each renewal of the term hereof. Payment to Talkon will be made using the payment method specified when registering for the Service. The payment method documented in talkon’s records must be valid and acceptable in order to purchase Services or to participate in free trial offers or other promotions related to the Services. If you purchase auto-renewing Services’ subscriptions, you agree that Talkon will charge the payment method documented in its records on the first day of each billing period for the relevant subscription period, expiration of a payment method or other inability to charge a payment method, will not relieve you from paying to talkon all outstanding charges (without derogating from any right or remedy to which talkon may be entitled under applicable law). If possible, we will notify you when such a situation occurs. If the payment method will not be updated, talkon reserves the right to suspend or terminate your account.
Term and Termination
talkon may terminate the engagement with you under these Terms at any time by providing you with written notice (including via email or through a notification in your Account).
Each subscription for the Services purchased hereunder (the “Subscription”) shall enter into effect and expire according to the parameters presented to you through the Site or App at the time of purchase (the “Subscription Period”). Except as set forth below, a Subscription is not cancellable and no payment for such Subscription is refundable.
Either Party may terminate a Subscription in the event of a material breach of these terms which was not remedied within 10 days of written notification thereof.
Either Party may choose to not renew an automatically renewed Subscription by providing the other Party written notification of such non-renewal at least 14 days prior to expiration of the then current Subscription Period.
You may cancel or terminate your purchase of a Subscription within first 14 days of your Subscription, for no reason by providing us written notice at office@talkon.health and in such event Talkon shall provide you a refund for payments paid by you in advance for such cancelled Subscription Period.
talkon respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices regarding the information Talkon collects when you connect to, access or use our Services. Our policy and practices and the type of information collected are described in our Privacy Policy and by using or accessing the Services you are deemed to have agreed to the Privacy Policy.
The Company is granting you with a limited, personal, non exclusive, non-assignable, not-tradeable license, which cannot be used in order to issue sub-licenses and that can be cancelled completely, to use: (a) the App on your mobile or PC device; (b) the Site and Talkon Platform, subject to the terms and conditions in this agreement. These Terms do not entitle you with any right in the App, Talkon Platform and/or the Site, rather than a limited right to use it in accordance herewith.
talkon’s marks and logo (whether or not registered) and all other proprietary identifiers used by Talkon in connection with the Service (the “talkon Trademarks”) are all trademarks and/or trade names of the Company, whether they are registered or not. All other trademarks, trade names, identifying marks and logos might appear in the service belongs to their right owners (“Third Party Trademarks”). No right, license, or interest to Talkon Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Talkon Trademarks and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms.
Our Services, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of our Services), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to, Talkon and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to talkon's proprietary rights, including talkon's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Talkon or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect.
The App, the Site and the Talkon Platform may include software components which may be distributed to you, and which are not proprietary of Talkon or which are provided under an open source code software license, public license or third party license (hereinafter: “3rd Party Software”), and the use of 3rd Party Software by you is governed according to the terms and conditions of any license agreement specific to such 3rd Party Software.
IN ACCEPTING THIS AGREEMENT YOU CONFIRMS THAT YOU HAVE READ AND AGREED TO THE TERMS OF THE MENTIONED 3RD PARTY SOFTWARE AND ACKNOWLEDGES THAT IT IS BEING INSTALLED WITH YOUR CONSENT. SUCH 3RD PARTY SOFTWARE IS UTILISED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY SPECIFIC TO ANY 3RD PARTY SOFTWARE.
Our Services availability and functionality depends on various factors, such as communication networks. Talkon does not warrant or guarantee that our Services or any part or feature thereof will operate and/or be available at all times without disruption or interruption, or that it will be error-free. talkon is not responsible or liable to you for any damage caused by any body for any reason beyond talkon’s reasonable control including, but not limited to an act or omission of the civil or military authorities of a state or nation, any strike, natural disaster, fire, flood, accident, war, riot, insurgence, or any other similar event.
talkon reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under our Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Talkon shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services, any part or feature thereof or the Content included in our Services.
TALKON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.
YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SERVICES NOT IN ACCORDANCE WITH Talkon INSTRUCTIONS AND RECOMMENDATIONS.
TALKON SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY OTHER INFORMATION EMERGING FROM USING THE SERVICE, WHETHER OR NOT THE COMPANY HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.
OUR SERVICES, INCLUDING ANY TECHNICAL SUPPORT SERVICES, ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION. Talkon DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES INCLUDING ANY INFORMATION CONCERNING THERAPY SERVICES OR ANY CLINICAL CONDITION OF CLIENTS. THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK AND Talkon SHALL HAVE NO LIABILITY RELATING TO SUCH USE. TALKON DISCLAIMS RESPONSIBILITY FOR ANY AND ALL MEDICAL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS INCLUDING FOR ANY EXTERNAL MEDICAL INFORMATION.
TALKON DOES NOT WARRANT THAT THE OPERATION OF OUR SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
IN NO EVENT SHALL TALKON, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF OUR SERVICES, OR THE USE OR INABILITY TO USE OUR SERVICES, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF Talkon TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF Talkon BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER Talkon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR TALKON’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF Talkon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL TALKON’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO Talkon FOR YOUR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO Talkon FOR THE USE OF THE SERVICE OR IF NO PAYMENTS WERE MADE ON YOUR BEHALF, THEN Talkon SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to defend, indemnify and hold harmless Talkon from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising directly or indirectly from: (i) your use of our Services; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of our Services (including your violation of any third party rights); (iv) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, output or any other data resulting from the use of the Services; and (v) your violation of any applicable law or regulation.
talkon may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or the App and/or we will send you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of our Services the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
At any time, Talkon may block your access to our Services and/or temporarily or permanently limit your access to our Services, at its sole discretion, in addition to any other remedies that may be available to Talkon under any applicable law. Such actions by Talkon may be taken if Talkon deems that you have breached any of these Terms in any manner.
Additionally, Talkon may at any times, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Talkon does not assume any responsibility with respect to, or in connection with the termination of our Services operation and loss of any data.
The provisions of Section 4 (User Representations and Undertakings), Section 5 (Use Restrictions), Section 6 (No Liability for Clinicians) Section 7 (Clinicians Undertakings and Representations) section 9 (Privacy Policy, including the Privacy Policy referred to therein), Section 10 (Intellectual Property Rights), Section 11 (Availability), Section 13 (Disclaimer and Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 17 (Termination of the Service) Section 18 (Minors), and Section 20 (General), shall survive the termination or expiration of these Terms.
In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Services, not in accordance with the abovementioned terms, we will prohibit and block such User from accessing our Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy with regard to such User).
Without derogating from anything hereunder, please note that our Site is not intended or designed to attract children under the age of 13.
In case Talkon will allow you to download the App from a third-party mobile application marketplace (e.g. App Store), a service provider or a distributor (“App Providers”), your use of the App may also be subject to the rules of use of the App Providers in connection with your use of the App (“Rules of Use”). Note that the Rules of Use may apply to you and it is your responsibility to determine whereas the Rules of Use govern your use of the App. You agree to meet all the Rules of Use of the App Providers apply to you.
If you have any questions (or comments) concerning the Terms, you are most welcome to send talkon an email to: office@talkon.health, or use the App by pressing the “Contact Us” button, and Talkon will make an effort to reply within a reasonable timeframe. By contacting the Company you warrant and agree that you are free to do so, and that you do not provide Talkon with information which violate any third party intellectual rights. Without degrading from the aforesaid, all rights, including intellectual property, arising from the communication will be owned by the Company and will be considered as talkon’ confidential material.
You should not share any medical information when communicating with talkon’s support and customer service team. Medical information should be shared with Clinicians, and the designated support and customer service teams are not healthcare professionals and cannot offer medical advice.
September 2022
