Effective Date: April 12, 2025
These Terms of Service ("Terms") govern your use of Teletalker Digital Solution’s website, mobile application, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
1.1 Agreement to Terms.
By accessing, browsing, or using any part of the Services, you agree to be legally bound by these Terms, including any additional terms and conditions referenced herein. These Terms constitute a binding agreement between you (either as an individual or on behalf of an entity) and Teletalker Digital Solution ("we," "us," or "our").
1.2 Modifications.
We reserve the right to modify or update these Terms at any time. We will notify you of any material changes by posting the new Terms on our website with a new effective date. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms.
2.1 Eligibility.
You represent and warrant that you are at least 18 years old, or have the legal capacity to enter into a binding agreement in your jurisdiction. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2.2 Account Registration.
In order to access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 Security.
You agree to notify us immediately of any unauthorized use or suspected breach of your account. We will not be liable for any loss or damage arising from your failure to comply with this requirement.
3.1 License Grant.
Subject to your compliance with these Terms, Teletalker Digital Solution grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
3.2 Permitted Use.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:
Reverse engineer, decompile, or disassemble any portion of the Services;
Modify, alter, or create derivative works based on the Services;
Use the Services to transmit any viruses, malware, or other harmful code;
Violate any applicable laws or regulations or infringe the rights of any third party;
Use the Services in any manner that could disable, overburden, or impair the Services or interfere with any other party’s use.
3.3 Prohibited Conduct.
Without limiting the foregoing, you agree not to:
Use the Services to harvest or collect information about other users;
Use the Services to send unsolicited or unauthorized advertising, promotional materials, or spam;
Attempt to gain unauthorized access to any portion of the Services or its related systems or networks.
4.1 Ownership.
All content, software, data, and materials provided through the Services, including but not limited to text, graphics, logos, and trademarks, are the property of Teletalker Digital Solution or its licensors and are protected by applicable intellectual property laws.
4.2 Restrictions.
You may not use any trademarks, logos, or other proprietary information without our express written permission. Any unauthorized use is strictly prohibited.
4.3 Feedback.
If you provide us with any suggestions or feedback regarding the Services ("Feedback"), you hereby grant Teletalker Digital Solution a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Services without further notice or compensation.
5.1 Privacy Policy.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal data.
5.2 Data Collection and Use.
We collect, use, and process personal data in accordance with our Privacy Policy. By using our Services, you consent to such processing.
6.1 Fees.
Access to certain features of the Services may require payment of fees. All fees are stated in U.S. dollars, unless otherwise indicated. By purchasing any paid service, you agree to pay all applicable fees and charges.
6.2 Billing Cycle.
Fees will be billed on a recurring basis according to the selected plan (e.g., monthly, annually). You authorize us to charge your designated payment method for all fees incurred in connection with your account.
6.3 Refunds.
Except as required by law, all fees are non-refundable. If you believe there has been an error in billing, please contact our support team promptly.
7.1 “As Is” Basis.
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. We expressly disclaim any implied warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2 Disclaimer of Warranties.
We do not warrant that the Services will be uninterrupted, error-free, or secure, or that defects will be corrected. You use the Services at your own risk.
7.3 Limitation of Liability.
To the maximum extent permitted by applicable law, Teletalker shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or goodwill, arising out of or in connection with your use or inability to use the Services, even if we have been advised of the possibility of such damages. Our total cumulative liability for any claims arising under these Terms shall not exceed the amount you paid to us for the Services in the six months preceding the claim.
You agree to indemnify, defend, and hold harmless Teletalker Digital Solution, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any third-party rights.
9.1 Termination by You.
You may terminate your account at any time by following the account deletion procedures in the Services. However, any fees already paid are non-refundable.
9.2 Termination by Us.
We reserve the right to suspend or terminate your access to the Services immediately, without notice, for any breach of these Terms or for conduct that we determine, in our sole discretion, is harmful to the Services, our business, or other users.
9.3 Effect of Termination.
Upon termination, all rights granted to you under these Terms will cease immediately, and you must promptly delete all materials obtained from the Services. All provisions of these Terms that by their nature should survive termination shall remain in effect.
10.1 Governing Law.
These Terms shall be governed by and construed in accordance with the laws of Philippines, without regard to its conflict of law provisions.
10.2 Arbitration.
Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration in accordance with the rules of Department of Information and Communications Technology (DICT). Judgment on the arbitration award may be entered in any court of competent jurisdiction.
10.3 Class Action Waiver.
You agree that any dispute resolution shall be limited to individual claims and that no class, collective, or representative action shall be brought.
11.1 Severability.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.2 Entire Agreement.
These Terms, along with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and Teletalker regarding your use of the Services and supersede all prior agreements and understandings.
11.3 Waiver.
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Teletalker’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11.4 Assignment.
You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms at any time without notice.
If you have any questions or concerns about these Terms, please contact us at:
Teletalker Support
teletalker.app@gmail.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.