Terms & Conditions

In these Terms the following capitalised terms mean:

Account

A registered Talkfolio profile-owner account.

Content

Any text, images, documents, data, or other material you upload or enter into the Service, including portfolio entries, project descriptions, and uploaded résumés.

Agent

The chat assistant Talkfolio builds from your Content and deploys on your public portfolio page.

Visitor

A third party who interacts with your Agent on your public portfolio page. Visitors do not need a Talkfolio account.

Subscription

A paid or free plan granting access to specified features and usage limits as described in Section 6.

Usage Limit

The maximum number of AI-generated chat messages allowed within a billing period, as defined by your Subscription tier.

Polar

Talkfolio's third-party billing and subscription partner (polar.sh).

Intellectual Property

Patents, trademarks, copyrights, trade secrets, and any other proprietary rights.

You must be at least 16 years old to use Talkfolio. By using the Service you represent that:

• You are at least 16 years of age, or the age of digital majority in your jurisdiction, whichever is higher.
• You have the legal capacity to enter into these Terms.
• If you use Talkfolio for an organisation, you have authority to bind that organisation.
• Your use of the Service does not violate applicable law.

To use profile-owner features you must register an account. You agree to:

• Provide accurate, current, and complete information at registration and keep it updated.
• Choose a secure password and keep it confidential. You are responsible for all activity under your account.
• Notify us at once at hello@talkfolio.me if you suspect unauthorised access.
• Not share credentials or let third parties use your account.
• Not create more than one account per person, except where an agency plan explicitly allows it.

We are not liable for losses from unauthorised use of your account when you failed to keep credentials secure.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Upload, transmit, or instruct the Agent to produce content that is defamatory, harassing, threatening, obscene, or fraudulent.
• Impersonate another person or misrepresent your identity or affiliation.
• Upload Content that infringes any Intellectual Property right.
• Reverse-engineer, decompile, or extract the models, prompts, or algorithms behind Talkfolio's Agent.
• Use automated scripts, bots, or scrapers against your Agent or another profile's Agent beyond what the API allows.
• Circumvent, disable, or interfere with Usage Limits, rate limits, or other access controls.
• Distribute malware, phishing content, or material designed to harm Visitors or third parties.
• Collect Visitor data beyond what Talkfolio exposes through lead-capture features, or use Visitor data for anything other than managing your professional leads.
• Place unreasonable load on our infrastructure.
• Resell, sublicense, or white-label the Service in a way that hides its origin, except where an agency plan explicitly allows it.

We may suspend or terminate accounts that violate this policy, with or without prior notice depending on severity. We may also remove Content that violates these Terms.

Your use of the Service is also governed by our Privacy Policy, incorporated into these Terms by reference. Key points here:

• Profile owners as data controllers. When Visitors talk to your Agent, you are the data controller for visitor data on your portfolio page. Talkfolio is your data processor. You must inform Visitors about collection, for example with a notice on your page.
• Billing data. Payment card data is processed and stored only by Polar. Review Polar's privacy policy for how payment data is handled.
• Data retention. Conversation and visitor data is kept for 24 months. Billing records are kept for 7 years. You may delete individual conversations from the dashboard anytime.
• Embeddable widget. If you embed your Agent on third-party sites, you must obtain any needed consents from users of those sites for cookies and data collection.

Each party may share non-public information while using the Service ("Confidential Information"). Each party agrees to:

• Use Confidential Information only to use or provide the Service.
• Not disclose Confidential Information to third parties except as needed to provide the Service or as required by law.
• Protect Confidential Information with at least the care used for its own confidential information, and no less than reasonable care.

This duty does not cover information that is public, independently developed without use of Confidential Information, or required to be disclosed by law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant that the Agent's outputs will be accurate, appropriate, or suitable for your professional purposes. Relying on Agent outputs for business decisions is at your own risk.

Some jurisdictions do not allow exclusion of implied warranties, so some of the above may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• INDIRECT DAMAGES. TALKFOLIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• AGGREGATE CAP. TALKFOLIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO TALKFOLIO IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow limitation of liability for certain damages. In those places our liability is limited to the fullest extent the law allows.

You agree to indemnify, defend, and hold harmless Talkfolio, its officers, directors, employees, and agents from claims, liabilities, damages, losses, and expenses including reasonable legal fees arising out of or related to:

• Your use or misuse of the Service.
• Your Content, including any claim that it infringes a third party's rights.
• Your violation of these Terms.
• Any claim by a Visitor arising from your Agent's responses, where those responses came from inaccurate or inappropriate Content you provided.
• Your violation of any applicable law or third-party right.

We may modify, update, or discontinue features at any time. We give advance notice of changes that materially reduce functionality, except when security or legal reasons require immediate action. Continued use after a change means you accept the updated Service.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

• Entire agreement. These Terms and the Privacy Policy are the full agreement between you and Talkfolio regarding the Service and replace all prior agreements or understandings.
• Severability. If any provision is unenforceable, the rest stays in force.
• Waiver. Failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign rights or obligations under these Terms without our prior written consent. We may assign these Terms in a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures from events beyond reasonable control, including natural disasters, government actions, internet infrastructure failures, or third-party outages.
• Notices. Notices from us go to your registered email. Notices from you go to hello@talkfolio.me.
• Language. These Terms are in English. Any translation is for convenience only. If they conflict, the English version controls.

We may update these Terms. For material changes we will:

• Email your registered address at least 14 days before the updated Terms take effect.
• Show a notice in the dashboard.
• Update the "Last updated" date at the top of this page.

If you do not agree to the updated Terms, stop using the Service and close your account before the effective date. Continued use after that date means acceptance.

For legal questions, contract issues, or to exercise rights under these Terms: