Welcome to TOCTalk! These Terms of Service ("Terms", "Agreement") govern your access to and use of TOCTalk's mobile application, website, and related services (collectively, the "Service", "Platform"). By creating an account, accessing, or using our Service, you agree to be bound by these Terms and all applicable laws and regulations.
IMPORTANT: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 20 carefully.
By creating an account or using TOCTalk, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and any additional terms that may apply to specific features or services. If you do not agree to these Terms, you may not access or use our Service.
We reserve the right to modify these Terms at any time. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.
To use TOCTalk, you must:
You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are responsible for:
TOCTalk uses geofencing and other verification technologies to confirm your association with your workplace. By using the Service, you consent to location tracking and verification processes. Access to certain features may be restricted based on your physical location or workplace status.
Subject to your compliance with these Terms, TOCTalk grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use within your workplace community.
You may not:
You retain ownership of any content you post, upload, or transmit through the Service ("User Content"), including but not limited to text, photos, videos, comments, messages, profile information, and other materials.
By posting User Content, you grant TOCTalk and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in any media formats and through any media channels now known or hereafter developed, including but not limited to:
You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you own or have all necessary rights, licenses, and permissions to grant the rights in Section 4.2, and that your User Content:
We reserve the right (but have no obligation) to:
We are not responsible for any failure or delay in removing content. Our moderation does not constitute endorsement of any User Content.
The Service, including its design, features, functionality, graphics, user interface, code, and all content provided by TOCTalk, is owned by TOCTalk and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
TOCTalk is an advertising-supported platform. By using the Service, you agree that we may display advertisements and promotional content within the Service, including in your feed, stories, and other areas of the application.
We may use information collected about you, including your profile information, usage data, device information, location data, and inferences derived from your activity, to serve personalized and targeted advertisements. This includes:
While you cannot completely opt out of seeing advertisements (as ads support our free Service), you may have limited controls over personalized advertising through your account settings or device settings. However, you will still see ads; they may just be less relevant to you.
Advertisements may be provided by third-party advertising networks and sponsors. These third parties may collect information about your use of the Service through cookies, web beacons, and similar technologies. Your interactions with advertisements are governed by the privacy policies of those third parties.
Some content in your feed may be sponsored or promoted by advertisers. We will clearly label such content as "Sponsored," "Promoted," or similar designations. You acknowledge that sponsored content is paid advertising and not necessarily endorsed by TOCTalk.
By using the Service, you acknowledge and agree that we collect, use, and share your information as described in our Privacy Policy, including but not limited to:
We use collected data for multiple purposes, including:
We may share your information with:
We retain your data for as long as your account is active and for a reasonable period thereafter as necessary to provide services, comply with legal obligations, resolve disputes, and enforce agreements. Some data may be retained in aggregated or de-identified form indefinitely.
You agree NOT to use the Service to:
As a workplace-focused platform, you agree to maintain professional conduct. You must:
We respect intellectual property rights. We respond to valid notices of copyright infringement and will terminate accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
If you believe content on TOCTalk infringes your copyright, please send a DMCA notice to our designated agent at dmca@toctalk.app with:
If your content was removed due to a DMCA notice and you believe it was removed in error, you may submit a counter-notice to the same address.
The marketplace feature allows users to buy and sell items within their workplace community. TOCTalk is NOT a party to any transactions and acts solely as a platform.
Users engaging in marketplace transactions are responsible for:
TOCTalk is not responsible for:
Users may create and participate in workplace events. Event organizers are solely responsible for their events, including planning, safety, and compliance with laws and workplace policies.
Participation in events is at your own risk. TOCTalk is not responsible for:
The Service may contain links to third-party websites, services, or applications not controlled by TOCTalk. We are not responsible for the content, privacy practices, terms, or conduct of any third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.
Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy, including:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
TOCTalk does not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOCTALK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TOCTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TOCTALK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TOCTALK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100 USD).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless TOCTalk, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or relating to:
This indemnification obligation will survive termination of your account and these Terms.
You may terminate your account at any time by contacting us at support@toctalk.app or using account deletion features in the app.
We reserve the right to suspend or terminate your account and access to the Service, with or without notice, for any reason, including but not limited to:
Upon termination:
TOCTalk shall not be liable to you or any third party for any termination or suspension of your account or access to the Service.
We reserve the right to:
We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
We may revise these Terms at any time. We will notify you of material changes by:
Your continued use of the Service after the effective date of revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located in [Your County], [Your State] for resolution of any disputes not subject to arbitration.
The Service may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not:
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@toctalk.app. We'll try to resolve the dispute informally by contacting you. If a dispute is not resolved within 60 days, you or TOCTalk may bring a formal proceeding.
YOU AND TOCTALK AGREE THAT ANY DISPUTE WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT.
Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes.
The arbitration will be conducted in [Your City], [Your State], or remotely by telephone or videoconference. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
YOU AND TOCTALK 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 PROCEEDING.
Unless both you and TOCTalk agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in arbitration or informal dispute resolution.
You may opt out of the arbitration agreement by sending written notice to TOCTalk at legal@toctalk.app within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you want to opt out of the arbitration agreement.
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and TOCTalk regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms and our rights without restriction, including to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
TOCTalk shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
We may provide notices to you via email, regular mail, or postings on the Service. You consent to receive communications electronically, and agree that electronic communications satisfy any legal requirement that communications be in writing.
These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and TOCTalk.
These Terms do not confer any third-party beneficiary rights.
The following sections shall survive termination of these Terms: Sections 4 (User Content), 6 (Data Collection), 13 (Disclaimers), 14 (Indemnification), 18 (Governing Law), 20 (Dispute Resolution), and 21 (General Provisions).
If you are using the Service on behalf of a government entity or large enterprise, additional terms may apply. Please contact us at enterprise@toctalk.app for enterprise agreements.
California residents have specific rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for information about your California privacy rights.
If you have questions, concerns, or complaints about these Terms, please contact us:
Acknowledgment: By using TOCTalk, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you must not use the Service.