Terms of Service

1. Your relationship with TalkingParents

1.1 Your use of TalkingParents is subject to the terms of a legal agreement between you and TalkingParents. "TalkingParents" means Monitored Communications LLC, whose principal place of business is at 70 Ready Ave NW, Ft. Walton Beach, FL, United States. This document explains how the agreement is made up, and sets out the terms of that agreement.

1.2 Unless otherwise agreed in writing with TalkingParents, your agreement with TalkingParents will always include, at a minimum, the terms and conditions set out in this document.

1.3 These Terms form a legally binding agreement between you and TalkingParents in relation to your use of our Services. Our Services include all of our communication tools and our records of communication. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

2. Accepting the Terms

2.1 In order to use our Services, you must first agree to the Terms. You may not use our Services if you do not accept the Terms.

(A) clicking to accept or agree to the Terms during registration; or (B) by actually using the Services. In this case, you understand and agree that TalkingParents will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TalkingParents, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Language of the Terms

3.1 Where TalkingParents or any other service has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with TalkingParents.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by TalkingParents

4.1 TalkingParents must make use of other entities and companies in order to best provide you with our services while keeping the cost to you low and your information secure. Sometimes, these companies will be providing our Services to you on behalf of TalkingParents itself. You acknowledge and agree that such other companies will be entitled to provide the Services to you.

4.2 TalkingParents is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TalkingParents provides may change from time to time without prior notice to you.

4.3 When a parent no longer wants or needs to use our service we recommend they do the following:

1. Create a new conversation to inform the other parent of your intent to stop using TalkingParents - thereby providing them with notice and documenting your intent.
2. Go to the Account Settings section and turn off the new message notifications. This way you will not receive emails from our system if the other parent continues to post messages.
3. Cancel any future subscription payments if applicable. Payments set up through the Apple App store and the Google Play store must be cancelled through the Apple App store and the Google Play store.
4. Stop using TalkingParents.

If you continue to receive any notifications from our system then please let us know.

We recommend this process because it will enable both users to access their complete record at any time in the future should they ever need it. It also makes it easy to go back to using our service without creating multiple accounts or records.

4.4 You acknowledge and agree that while TalkingParents may not currently have set a fixed upper limit on the number of transmissions you may send or receive through our Services or on the amount of storage space used for the provision of our Service, such fixed upper limits may be set by TalkingParents at any time, at TalkingParents' discretion.

4.5 You acknowledge and agree that TalkingParents may cancel the services, either entirely or just your account, at any time for any reason. This section does not alter the provisions of section 4.3.

4.6 You acknowledge and agree that TalkingParents will send you emails. These emails could include but are not limited to: service notifications, new or updated features and functions, upcoming events or blog posts, information regarding your account, or anything else we think may be of interest to you. Many of these emails are necessary in order for us to provide you with our services and as such you can not opt out of receiving them. You may be able to opt out of receiving certain emails by selecting the “unsubscribe” or “opt out” link at the bottom of an email sent by our system, however by using our service you consent to receiving all emails regardless of any such opt-outs. If you attempt to opt out of receiving certain emails by selecting the unsubscribe link but you continue to receive such emails from our system, then please contact us at support@talkingparents.com so we can take further action.

5. Use of the Services by you

5.1 You agree that any registration information you give to TalkingParents will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You further agree to use TalkingParents in accordance with any court order requiring, compelling, or suggesting you to do so.

5.3 You agree not to access (or attempt to access) any of our Services by any means other than through the interface that is provided by TalkingParents, the mobile version of our site, or any official apps, unless you have been specifically allowed to do so in a separate agreement with TalkingParents. You specifically agree not to access (or attempt to access) any of our Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts our Services (or the servers and networks which are connected to our Services). This would include any attempt to bypass our system's logging of new message views.

5.5 Unless you have been specifically permitted to do so in a separate agreement with TalkingParents, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services or Records for any purpose.

5.6 You agree that you are solely responsible for (and that TalkingParents has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TalkingParents may suffer) of any such breach.

5.7 You acknowledge and accept that TalkingParents has a zero-tolerance policy for hostile or antagonistic language directed towards our support staff and that any violation of this policy may subject you to provision 4.5 above. It is entirely within the discretion of TalkingParents whether language violates this policy. If your account is cancelled due to a violation of this policy then no refunds will be given.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to TalkingParents for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify TalkingParents immediately at support@TalkingParents and to change your account password.

7. Privacy and your personal information

7.1 TalkingParents may provide your Complete Record, your personal information, and any other information we have regarding your account or your use of our service pursuant to any court order or subpoena.

7.2 TalkingParents will make complete records within a case available to both parents at all times. Parents are free to use our records however they like and may provide them directly to lawyers, courts, judges, mediators, counselors, friends, family, complete strangers, or anyone else. TalkingParents is not responsible for the unlawful, improper or tasteless distribution or use of our records of communication by users or anyone else. Our records are meant to be used in Court and therefore to become part of the public record. We hope this will encourage our users to act in a mature and professional manner with regard to their communications through our service.

7.3 Parents who choose to add a parenting coordinator or other third party to their case (should such functionality be available) agree to provide constant access to their entire record of communications to that third party. TalkingParents is not responsible for any distribution or use of our records by any such third party.

7.4 TalkingParents reserves the right to supply records of communication (primarily in electronic form) directly to certain entities without a valid subpoena or court order. Use of our service may be mandatory for one or both users as part of a pretrial release program, domestic violence injunction or protective order, no contact order, probationary sentence or any other court order. In such circumstances TalkingParents may provide records of communication directly to Courts, Pretrial Services or Release programs, Prosecutor’s Offices, Probation Offices or any similar such entity. Use of our services under such circumstances constitutes an agreement to this provision and all other provisions of these Terms. Such entities must provide us with a copy of the court order or minutes requiring use of our service.

7.5 TalkingParents may include some advertising. It is our intent that any such advertising be tasteful, appropriate, and unobtrusive. If at any point you feel advertising is getting in the way of our service or is too distracting in any way please contact us at support@TalkingParents.com. Advertising may be “targeted” in that it is based on a user’s location or content of their communications. That does not mean we are sharing your personal information with anyone or reading your communications. All it means is that a computer program is showing you particular advertising based on your location or some key word or phrase within your communications. This type of advertising is typical for many modern internet-based services.
 

7.6 All phone and video calls made through our service are recorded. Phone call recordings include the audio from both users and video call recordings include the audio and video from both users. All users must agree to such recording when they activate the phone and video calling feature. When a user chooses to activate our calling features, they must view and agree to the following consent:

"By agreeing to use our phone and video calling features, you consent to the audio and video recording of all calls made through our system. A copy of each recording will be saved and available to both parents at all times. Each time you initiate or accept a phone or video call through our system you confirm this consent. You can withdraw your consent at any time by deactivating the phone and video calling feature."

All audio and video recordings are subject to these Terms as a part of our records and as such users cannot alter or delete any phone or video call recordings. Users can revoke their consent to phone and video call recording anytime by turning off the feature or by simply not accepting any further phone or video calls placed through our service.

8. Ban on unauthorized use

8.1 Unless you have agreed otherwise in writing with TalkingParents, nothing in the Terms gives you a right to use any of TalkingParents' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. The same goes for any original content on our website or within our service.

9. License from TalkingParents

9.1 TalkingParents gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by TalkingParents as part of our Services as provided to you by TalkingParents (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of our Services as provided by TalkingParents, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TalkingParents, in writing.

9.3 Unless TalkingParents has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use our Services, grant a security interest in or over your rights to use our Services, or otherwise transfer any part of your rights to use our Services.

10. Confidentiality

10.1 TalkingParents will attempt at all times to keep your information confidential, subject to the other provisions of these Terms, especially those contained in section 7 above. Any breach of our security measures will be the sole responsibility of the breaching party and TalkingParents will not be subject to any sort of liability as a result. In the event of a security breach, TalkingParents will make every reasonable attempt to re-secure our services and will provide an explanation of the breach upon written request.

11. EXCLUSION OF WARRANTIES

11.1 Nothing in these terms shall exclude or limit TalkingParents's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

11.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."

11.3 No advice or information, whether oral or written, obtained by you from TalkingParents or through or from the services shall create any warranty not expressly stated in the terms.

11.4 TalkingParents further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

12. LIMITATION OF LIABILITY

12.1 Subject to overall provision in paragraph 14.1 above, you expressly understand and agree that TalkingParents, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
    (i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
    (ii) Any changes which TalkingParents may make to our services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
    (iii) Your failure to provide TalkingParents with accurate account information;
    (iv) Your failure to keep your password or account details secure and confidential;
12.2 The limitations on TalkingParents's liability to you above shall apply whether or not TalkingParents has been advised of or should have been aware of the possibility of any such losses arising.

13. Changes to the Terms

13.1 TalkingParents may make changes to the Terms or from time to time. Updated versions of the Terms shall be available at any time on our Registration page or by clicking on “Terms” at the bottom of our homepage TalkingParents.

13.2 You understand and agree that if you use the Services after the date on which the Terms have changed, TalkingParents will treat your use as acceptance of the updated Universal Terms or Additional Terms.

14. General legal terms

14.1 The Terms constitute the whole legal agreement between you and TalkingParents and govern your use of the Services (but excluding any services which TalkingParents may provide to you under a separate written agreement), and completely replace any prior agreements between you and TalkingParents in relation to the Services.
14.2 You agree that TalkingParents may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
14.3 You agree that if TalkingParents does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TalkingParents has the benefit of under any applicable law), this will not be taken to be a formal waiver of TalkingParents' rights and that those rights or remedies will still be available to TalkingParents.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 The Terms, and your relationship with TalkingParents under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and TalkingParents agree to submit to the exclusive jurisdiction of the courts located within the county of Okaloosa, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TalkingParents shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

15. Ownership of Data and Records

15.1 Every user of TalkingParents owns their entire record of communications, including all messages posted by the other parent.
15.2 Every user of TalkingParents will have access to their entire record of communications at all times.
15.3 TalkingParents also has an ownership interest in all records created by TalkingParents users. We will not sell your record or any of its contents to anyone but we can keep a copy of it forever if we want to. We will not provide your record to anyone unless required by law or according to the terms of sections 7.2 and 7.4 above.
15.4 Our complete records include the content of each message and the details of every file upload and download but our records do not include the attached files themselves.
15.5 We will never delete a complete record of communications at the request of a user.

16. General Data Protection Regulation (GDPR) Compliance

16.1 TalkingParents will make every reasonable effort to comply with any rights granted under the GDPR. Any GDPR-related claims or issues should be reported to us at support@TalkingParents.com with "GDPR" included in the email subject line. While we do not currently meet the requirements for a designated Data Protection Officer, we will investigate all GDPR-related claims and take any and all necessary action to ensure we are in compliance with the regulations when they are applicable.

17. Refunds

17.1 All payments and purchases are final and non-refundable unless there is an unresolvable issue or error with our service. If such an issue or error is related to the user’s device, browser, internet connection, email provider, program, app, printer, or any other variable beyond our control then a refund will not be given. If the user cannot or will not provide adequate proof of the issue or error then the user will not be entitled to a refund.
17.2 Any payments processed by Apple App store and Google Play store, including subscription payments, must be cancelled through the user’s Apple App store and Google Play store account. We do not have the ability to cancel such payments or to issue any type of refund for such payments. Refund requests for payments made through Apple App store and Google Play store must be directed to Apple App store and Google Play store.
17.3 We may choose to issue a partial or complete refund to any user for any reason at any time. Doing so does not entitle any other user to a refund under any circumstances.
17.4 Subscription Account Payments. All subscription payments are final and non-refundable unless there is an issue with our service that prevents the user from utilizing one or more of the upgraded account only features.

Such an issue must be related to our service, not the user’s device or browser or any other variables beyond our control.

Such an issue must also be reported to us at support@talkingparents.com by the user. The user must provide proof of the issue in the form of a detailed description and screenshots, if necessary. We may request additional information in order to verify the issue before issuing a refund.

Once we determine that the user is experiencing an issue with our service, then the user may choose to receive a full refund for their most recent subscription payment and to have their account revert to the Free plan immediately, or the user may choose to allow us time to resolve the issue to their satisfaction. Such a resolution may require the user’s assistance in providing additional information. If the issue is resolved in a timely manner then the user will not be entitled to a refund, though we may choose to issue a partial or complete refund at our own discretion under such circumstances.

17.5 A user’s failure to cancel a recurring payment does not entitle that user to a refund.

17.6 PDF Record Purchases. All PDF Record purchases are final and non-refundable unless there is an issue with our service that prevents the user from obtaining the record or a technical error with record itself.

Such an issue or error must be related to our service or the record itself, not the user’s device, browser, email, PDF viewer, printer, or any other variables beyond our control.

Such an issue must be reported to us at support@talkingparents.com by the user.

If we are able to resolve the issue in a timely manner then the user will not be entitled to a refund, though we may choose to issue a partial or complete refund at our own discretion under such circumstances.

17.7 Printed Record Purchases. All Printed Record purchases are final and non-refundable unless our own error prevents delivery of the record or the record itself is flawed in some way due to our own actions.

If a user provides an incorrect or incomplete shipping address then the user will not be entitled to a refund.

In a user purchases the wrong type of record then the user will not be entitled to a refund.

If a record is damaged in shipping then the user will not be entitled to a refund.

If a record is delivered after the expected delivery date/time provide by the delivery service then the user will not be entitled to a refund.

Any issues must be reported to us at support@talkingparents.com by the user.

If there is a flaw with the delivered record that negatively affects its usefulness and could have been prevented by us then we will issue a full refund to the user and ship a new printed record right away at no cost to the user.

If delivery of the record fails because we did not enter the shipping address completely or correctly then we will issue a full refund to the user and ship a new printed record right away at no cost to the user. We can also provide a written explanation under such circumstances if requested by the user.

18. Vault and Attachments

18.1 We are not responsible or liable for any file uploaded through our system or any damage it may cause, regardless of whether the file is attached to a message or uploaded to a user’s Vault. Users are solely responsible for the files they upload, transfer, or download through our system.
(a) We are not responsible for any file uploaded to a user’s vault and then shared via shareable link.
(b) This provision applies to all files, including but not limited to executable files that cause direct damage to hardware or software or files containing offensive or reprehensible content.
(c) We do not review or filter any files uploaded through any part of our system. We are not responsible for identifying malicious, dangerous, illegal, or inappropriate files. Such files must be reported to us. If a file contains illegal content then we recommend the user contact law enforcement. If a file does not contain illegal content, but a user would nonetheless like it removed from our system, then the user must obtain a court order directing us to do so.

18.2 We are not responsible or liable for the loss of any file.

18.3 Once a file is shared as an attachment, we will not remove the file from our system unless one of the following applies:
(a) We are directed to remove the file by a court order, OR
(b) Under some circumstances we may remove a file at the user’s request and absent a court order. Such removals are at our discretion and could include files containing the following:

• Social Security Number
• Physical Address
• Telephone Number
• Passport Information
• Credit Card Information
• Driver’s License Information
• User Name/Password Information
• Other sensitive information that could be used to cause harm to the user or others.

19. Dwolla Verified Customer Record

19.1 In order to use the payment functionality of TalkingParents, you must be at least 18 years of age, and you must open a "Dwolla Platform" account provided by Dwolla, Inc., and must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize TalkingParents to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through TalkingParents, and Dwolla account notifications will be sent by TalkingParents, not Dwolla. TalkingParents will provide customer support for your Dwolla account activity, and can be reached at talkingparents.com, talkingparents.com/contact-us, or support@talkingparents.com.

19.2 TalkingParents will charge a facilitation fee when a user sends money using a Dwolla transaction through TalkingParent’s Accountable Payment (SM). The fee will be disclosed prior to the fee being charged. The fee will be charged after a user confirmation as part of a money transaction. Fee records will be included in the TalkingParents Accountable Payment (SM) Record.

20. Access to this Service

20.1 Users under the age of 18 are not allowed to create a Co-Parent Account or otherwise use a Co-Parent Account. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

May 13, 2019

This privacy policy applies to the website and service owned and operated by Monitored Communications LLC. ["TalkingParents" "we" or "us"] located at www.TalkingParents [the "Site" or “Service”]. This Privacy Policy is designed to tell you how we collect and use certain personal information so you can make an informed decision about using our site. Please read this statement before using our site or submitting any personal information to us. By using our site you consent to the information collection and use practices described herein. You also consent to our Terms of Service, so you should definitely read our Terms of Service.

When you visit TalkingParents, some information is automatically collected through the use of log files, such as your computer's Internet Protocol (IP) address, your computer's operating system, the browser type, the address of a referring web site and your activity on the Site. We use this information for purposes such as analyzing trends, administering the Site, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use.

We remind you that no security system is perfect and you should not provide your username or password to anyone. If you think the security of your account has been compromised please contact us immediately at support@TalkingParents.com. We also recommend changing your password from time to time to prevent unauthorized access to your account. TalkingParents is not responsible for the loss of your personal information due to any breach of our security system.

Our Records of Communication will not include your email address, telephone number, or any other contact information. That is unless such information is posted in a message.

TalkingParents may provide your Complete Records, your personal information, and any other information we have regarding your account or your use of our service pursuant to any court order or subpoena.

TalkingParents will make complete records within a case available to both parents at all times. Parents are free to use our records however they like and may provide them directly to lawyers, courts, judges, mediators, counselors, friends, family, complete strangers, or anyone else. TalkingParents is not responsible for the unlawful, improper or tasteless distribution or use of our records by users or anyone else. Our records are intended for use in Court and therefore to possibly become part of the public record. We hope this will encourage our users to act in a mature and professional manner with regard to their communications through our service.

You can’t delete or alter your record in any way. You can’t edit or remove any messages once they are posted. You can edit or remove calendar events but those edits and removals will still be logged on your calendar record. Once a file is shared as an attachment, we will not remove the file from our system unless we are directed to remove the file by a court order or at our own discretion under some special circumstances. Please refer to our Terms for more information.

Every user of TalkingParents owns their entire record of communications, including all messages posted by the other parent. Every user of TalkingParents will have access to their entire record of communications at all times. TalkingParents also has an ownership interest in all records created by TalkingParents users and we can keep a copy of it forever if we want to. We will never delete a record at the mere request of a user.

We reserve the right to change the provisions of this privacy policy at any time. We will notify you of these changes by posting a revised privacy policy on the site and indicating on the privacy policy the date it was last updated. Your use of the site following the posting of such changes or revised statement shall constitute your consent to any such changes. We encourage you to review our privacy policy occasionally to determine if any changes have been made and to make sure that you understand how any personal information you provide will be used.

November 2, 2021