Terms of Service
1. Your Relationship with TalkingParents
1.1 "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 and sets out the terms of that agreement.
1.2 “Service” means any activity, assistance, system, communication, storage, upload, download or other action by a consumer using the TalkingParents website or mobile application.
1.3 Please review these TalkingParents Terms of Service carefully. Once accepted, these Terms of Service become a binding legal commitment between you and TalkingParents in relation to your use of our Services. Your use of TalkingParents is subject to the terms of this legal agreement between you and TalkingParents. 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.”
1.4 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.
1.5 TalkingParents may update these Terms from time to time. TalkingParents will provide you with notice of any material updates at least thirty (30) days prior to the date the updated version of these Terms is effective, unless such material updates result from changes in laws, regulations, or requirements from website or application hosts (such as the Apple App store or Google Play store). The updated version of these Terms will be available at https://talkingparents.com/terms-of-service. Notices for material updates to these Terms will be given in accordance with Section 14.2 of these Terms. Following such notice, your continued use of the Service on or after the date the updated version of these Terms is effective constitutes your acceptance of the updated version of these Terms. The updated version of these Terms supersedes all prior versions.
2. Accepting the Terms
2.1 In order to use our Services, you must first accept the Terms. You may not use our Services if you do not accept the Terms.
You accept the Terms by: (A) clicking to accept or agree to the Terms during registration; or (B) by actually using the Services. 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 or save a local copy of the Terms for your records.
2.5 If you are court ordered to use the TalkingParents Service, such court- ordered use does not excuse your obligations under these Terms. Your use of the Services, even if court ordered, will continue to be subject to these Terms as if accepted voluntarily and without a court order.
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, 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 will control.
4. Provision of the Services by TalkingParents
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 that 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:
- 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.
- 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.
- 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.
- 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 a set, 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’s discretion.
4.5 We retain the right to decline or discontinue service, suspend or terminate accounts, or alter or delete content at our sole discretion within the bounds of the law. 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 the following: 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 cannot 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 firstname.lastname@example.org so we can take further action.
4.7 You acknowledge that our platform is presently solely offered in the English language, and we do not provide support for other languages at this time. As you access or use our platform, you accept that you possess the linguistic ability required to comprehend the terms of service and to utilize the platform proficiently.
It is important to be mindful that TalkingParents does not provide translation services. In the event of any disparity between the English language version of our service and a third-party translation, the English language version will have precedence.
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.
5.8 It is our policy to present all fees and costs in United States dollars (USD) on our web application and website. By utilizing our platform, you acknowledge and agree to remit payment for all transactional fees and costs in USD. We retain the right to adjust our fees and costs without prior notification, but we will always communicate any modifications.
6. Your Passwords and Account Security
6.1 You will need to create a TalkingParents account to use all or part of the Services. 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 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 email@example.com 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. This provision does not modify, alter, supersede, or override the terms of Section 14.5.
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. This provision does not modify, alter, supersede, or override the terms of Section 14.5.
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 firstname.lastname@example.org. 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. . However, withdrawing your consent is only effective for phone and video call recordings going forward, and it does not apply to recordings of phone or video calls that you previously consented to."
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 any time by turning off the feature or by simply not accepting any further phone or video calls placed through our service.However, withdrawing your consent is only effective for phone and video call recordings going forward, and it does not apply to recordings of phone or video calls that you previously consented to."
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’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. The same restrictions apply to any original content on our website or within our service.
9. Licenses from and to TalkingParents
9.1 Subject to your compliance with the Terms, TalkingParents gives you a personal, worldwide, royalty-free, non-assignable, revocable, and non- exclusive license to use the software provided to you by TalkingParents as part of our Services (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. The TalkingParents mobile application, website, and the content therein are licensed to you, not sold or transferred to you, and TalkingParents retains ownership of all copies of the TalkingParents mobile application, website, and content therein even after installation on your devices.
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 TalkingParents has given you specific written permission to do so.
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.
9.4 The TalkingParents Service, content, platform, Software, code, website, and mobile application are the property of TalkingParents. All TalkingParents trademarks, service marks, trade names, logos, domain names, and any other feature of the TalkingParents brand (“TalkingParents Brand Features”) are the sole property of TalkingParents. These Terms do not grant you any rights to use any TalkingParents Brand Features whether for commercial or non- commercial use.
9.5 User Content. TalkingParents users may upload, post, or otherwise contribute content to the Service. For the avoidance of doubt, “User Content” includes but is not limited to, all information, materials, and other content that is added, created, uploaded, submitted, distributed, or posted on the TalkingParents Service by users. You are solely responsible for all User Content that you post. You retain ownership of your User Content when you post it to the TalkingParents Service. However, in order for TalkingParents to make your User Content available when needed, requested, or court ordered, TalkingParents needs a limited license from you to that User Content. Accordingly, you hereby grant to TalkingParents a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, copy, make available, display, translate, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other User Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the TalkingParents Service.
9.6 Feedback. If you provide ideas, suggestions, or other feedback in connection with your use of the TalkingParents Service, such feedback is not confidential and may be used by TalkingParents without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
9.7 Your Device. You grant to TalkingParents the right (1) to allow the TalkingParents Service to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the TalkingParents Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
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 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 11.1 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:
- 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;
- 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);
- Your failure to provide TalkingParents with accurate account information;
- Your failure to keep your password or account details secure and confidential;
- Your failure to keep your financial information 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 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 TalkingParents homepage.
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.
13.3 TalkingParents may notify you of any change to the Terms as outlined in Section 14.2.
13.4 TalkingParents may from time to time make changes to its paid plans, including recurring fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use TalkingParents’s paid plans after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by changing your plan to a free plan prior to the price change going into effect.
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’s 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 TalkingParents will respond to subpoenas from law enforcement agencies and prosecutor offices promptly when it is accompanied by a search warrant. Absent a court order, TalkingParents will not respond to any subpoena submitted with regard to a domestic relations or other civil case. Instead, TalkingParents will require the submitting party, if submitted on behalf of a TalkingParents user, to make a request for the user’s Record through the TalkingParents certified records service in lieu of responding to a civil subpoena. Instructions on obtaining Electronically Certified PDF Records or Certified Printed Records can be found here: https://support.talkingparents.com/hc/en- us/articles/4405644314519-How-Do-I-Obtain-My-Record. In the event TalkingParents is required or court ordered to respond to a civil subpoena, TalkingParents will require payment from the requesting party for any expenses involved in producing the requested information, documents, or records before producing the same.
14.6 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.
14.7 YOU AND TALKINGPARENTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and TalkingParents agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
14.8 Effective Date. The date set forth at the top of these Terms indicates when these Terms were last changed.
14.9 Titles and Headings. The titles, headings, and captions appearing in these Terms have been inserted for the purposes of convenience and reference only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of these Terms.
14.10 Severability. If any provision or portion of these Terms shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions of these Terms shall remain in full force and effect.
14.11 Waiver. No waiver of any term or right in these Terms shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of these Terms shall not be construed as a waiver or modification of such provision.
14.12 Entire Agreement. Other than as explicitly agreed upon in writing between you and TalkingParents, these Terms constitute all the terms and conditions agreed upon between you and TalkingParents and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
14.13 CALL 911 IF YOU BELIEVE YOU ARE IN DANGER. Do not rely on TalkingParents or the TalkingParents Service to protect you.
14.14 CALL 988 IF YOU ARE HAVING THOUGHTS OF SUICIDE.
14.15 The information, suggestions, requirements, or statements of any kind in these Terms is not legal advice and cannot be construed as such. Parents and users should always consult with a licensed attorney or legal professional for legal advice.
14.16 Where applicable, the plural and singular forms of any words shall be given whatever form is required to effect the intent and purpose of these Terms.
14.17 Where applicable, the feminine and masculine forms shall be given whatever form is required to effect the intent and purpose of these Terms.
14.18 YOU AND TALKINGPARENTS AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM, OR ACTION ARISING FROM THESE TERMS.
14.19 In the event of any adjudication of any dispute under these Terms, the prevailing party in such action will be entitled to reimbursement from the non- prevailing party of the prevailing party’s attorneys’ fees and related costs.
14.20 Force Majeure. No party shall be liable hereunder for any failure or delay in the performance of obligations under these Terms if such failure or delay is on account of causes beyond the party’s reasonable control, including but not limited to, civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failure, pandemics, epidemics, local disease or sickness outbreak, public health emergencies, casualty, strikes or labor disputes, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of either party, for so long as such force majeure event is in effect. The party affected by a force majeure event will take all reasonable actions to minimize the consequences of any such event.
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 7.1, 7.2, 7.4, or 14.5 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 Be aware that once you create an account with us and have been matched, you will not be able to delete or remove your account.
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 email@example.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.
17.1 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 or 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. TalkingParents’s choice to issue a complete or partial refund is not an admission of any type by TalkingParents.
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 firstname.lastname@example.org 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 in accordance with Section 17.3.
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 email@example.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 in accordance with Section 17.3.
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.
If 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 firstname.lastname@example.org 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 in writing 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. Accountable Payments Function
19.2 TalkingParents will charge a facilitation fee when a user sends money using a Dwolla transaction through TalkingParents Accountable Payments (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 Payments (SM) Record.
19.3 Authorization: It is your responsibility to ensure that all payments made through our services are authorized by you.
19.4 Responsibility for Fees: You are also responsible for any fees or charges associated with unauthorized or reversed payments, which may include bank fees, chargeback fees, and administrative fees. If necessary, we may hold you or the recipient liable for the payment or reverse the payment from either account to cover the liability. We reserve the right to deduct these fees from any funds held in either account. If there are insufficient funds to cover these fees, you agree to promptly pay us the outstanding balance upon demand. Fees will be imposed for:
- Insufficient Funds - Available balance is not sufficient to cover the dollar value of the debit entry.
- Bank Account Closed - Previously active account has been closed.
- Authorization Revoked by Customer - Previously authorized entries has revoked authorization with the Originator.
19.5 Accountable Payments Waiver: By utilizing our services, you forfeit any entitlement to challenge any costs or expenses resulting from unsanctioned or reversed payments, unless those expenses were the consequence of our deliberate misconduct or flagrant negligence.
19.6 Negative Balance: Should your Dwolla account exhibit a negative balance for any reason, the negative balance represents an outstanding debt owed to TalkingParents. TalkingParents reserves the right to subtract these amounts from you or from any payments you receive. If you continue utilizing Accountable Payments in spite of a negative balance, you authorize TalkingParents to merge the negative balance with any debit or transaction generated from your account when said merger is conveyed to you before initiating the debit or transaction.
19.7 Your Liability: You assume all responsibility for any reversed or failed transactions, fees, claims, fines, penalties, and other liabilities that may arise from your use of your Dwolla Account or the TalkingParents-Enabled Services, or from any violation of this TOS. This includes any liabilities incurred by TalkingParents, our Financial Institution Partners, or other TalkingParents customers. You also agree to indemnify TalkingParents or our Financial Institution Partners for any liability related to a transaction that is reversed in accordance with our risk management policies, applicable laws, or due to your error, inaccurate information, or cancellation or rejection by you or the recipient or sender, or by your or their bank or credit union.
19.8 Actions we may take:
In order to recover any lost amounts resulting from any type of Reversal, Chargebacks, or Returns, you grant TalkingParents permission to withdraw such amounts from either your Dwolla Account or any Linked Payment Account for such amount. Additionally, in certain circumstances, TalkingParents reserves the right to suspend your TalkingParents Account, Dwolla Account or pursue collection efforts. If it is determined, at our discretion, that you have violated this TOS or pose a risk to TalkingParents, its clients, or the platform, we may take any of the following actions, in addition to other remedies available to us under the law or this TOS:
- Suspend your access to your account or services
- Freeze access to funds in your Dwolla Balance
- Close your account
- Notify relevant parties of your activity
- Pursue legal action against you
- In the event of a fraudulent or unauthorized transaction, TalkingParents reserves the right to initiate a clawback and reverse the transfer of funds. TalkingParents may recover the full amount of the transaction from the recipient's account to mitigate financial loss and protect the payer.
19.9 When using the TalkingParents Express Pay feature, you are guaranteeing that you have the sufficient funds available on the withdrawal date in your financial account to cover the transfer and associated fees to the recipient. If a Non-Sufficient Fund error is returned, TalkingParents will follow the below process.
- If a Non-Sufficient Fund error is returned and the funds have already been transferred to the recipient, TalkingParents may recover the full amount of the transaction from the recipient’s account to mitigate the financial loss to TalkingParents as the funds were not successfully withdrawn from the sender’s financial account. TalkingParents is not responsible for any penalties resulting from the reversed transaction.
- If TalkingParents is unable to successfully retrieve the full amount of the transaction from the recipient’s account, TalkingParents will attempt to withdraw from the sender’s financial account. TalkingParents is not responsible for any penalties resulting from the reversed transaction.
- If TalkingParents is unable to withdraw from the sender’s financial account, the sender’s account will show a negative balance and the sender will have 7 business days to correct their negative balance in their Dwolla account.
- If TalkingParents is unable to retrieve the full amount from both the sender’s or the recipient’s account, and the sender has not corrected their negative balance in their Dwolla account, TalkingParents will issue an invoice to the initiator’s email address which must be paid within 10 business days. The invoice will include an administrative fee.
- If the invoice is not paid within XX days, access to your TalkingParents account will be terminated and legal action will be taken.
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.
21. Renewal and Cancellation
21.1 Your payment to TalkingParents, or the third-party through which you purchased a paid plan, will automatically renew at the end of the applicable subscription period, unless you cancel your paid plan before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free plan. TalkingParents does not provide refunds or credits for any partial subscription periods, except as stated in these Terms.
The only legitimate method to cancel a subscription created through the Apple App Store or Google Play store is to proceed through the respective app stores. Any attempt to cancel by notifying TalkingParents in writing will not be recognized as a valid cancellation of renewals, subscriptions or purchases. Please note that it is not within the authority of developers to alter a subscription on the customer's behalf when purchased through Apple App Store or Google Play. The customer must be the one to initiate any modifications to their subscription purchased through an app store.
August 15, 2023