1. Contractual partner and contractual object
talque is a service provided by Real Life Interaction GmbH, Choriner Str. 3, 10119 Berlin, legally represented by the managing director Dr. Tassilo Ott and Dr. Volker Braun.
The subject of the contract is the use of talque. We render our services exclusively on the basis of the following conditions.
We are entitled to change these terms and conditions or price lists. The change will be communicated to you by e-mail or in writing and will be effective with the next renewal of the contract period. The most current version of the Terms and Conditions is available at https://web.talque.com/en/terms-and-conditions. In case of any contradictions between the German and English version of terms & conditions, the German version shall prevail.
talque, is an integrated web tool that enables events & business users to communicate in groups in a variety of ways and also to plan and conduct video calls, telcos, meetings. The simplicity of operation is clearly in the foreground. It is also available as an app for Android / iOS with the same functionality.
2. Contract, applicable law, severability clause, jurisdiction
By registering for talque you are making a binding offer to use talque. By concluding the registration and activation of your user account, a contract with Real Life Interaction GmbH is concluded.
You may only use talque if you are at least 18 years old.
Depending on the talque package selected by you, this may also result in the obligation to pay a fee for the use of talque.
This contract and the use of talque are subject to the laws of the Federal Republic of Germany.
Should one of the clauses of these terms and conditions be ineffective, this does not affect the validity of the contract itself. In place of the ineffective clause, the parties will reach an agreement that best reflects the interests of both parties and comes closest to the meaning and purpose of the ineffective provision. In the alternative, the legal regulation applies.
Insofar as the contract is concluded with an entrepreneur, the jurisdiction of the competent court is based on the seat of Real Life Interaction GmbH.
If you have opted for a paid talque package, the following applies:
Invoices are due in advance for the respective service period. The due date is indicated on the invoice. If you are not paying in time, you will be in default without a reminder. In the event of default talque is entitled to withhold its own performance until receipt of payment.
If you use talque as a consumer, the prices shown already include VAT. The consumer concept of §13 BGB applies: “Consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.”
Further costs will only be incurred if you wish to use further paid services from talque. You will then be informed in advance and can agree or reject.
There will be no refund for services provided but not used.
4. License to use talque
Upon entering into the Agreement, talque grants you a simple, non-transferable, worldwide license to use the services of talque in the framework provided.
Insofar as you have acquired a company license, you have the right to grant talque a sub-license to your employees. In this case, it is your duty and responsibility to ensure that the terms of this Agreement are also strictly enforced by your employees. In this case talque is entitled to demand proof of this. It is also your duty to observe the regulations of data protection, telecommunications law, labor law and any legal requirements. talque accepts no liability for this.
In particular, there is no right, without a separate agreement, to use or license the trademarks, signs and other intellectual property of talque for other (in particular personal) purposes. talque retains all copyright and other rights to the Services. You are not authorized to remove, obscure or modify legal information (eg copyright or trademark information).
The license to use talque is subject to the condition that your use is solely for legal purposes. Use for purposes prohibited by the laws of your country or those of the Federal Republic of Germany is expressly not covered by the license. This includes, for example, the distribution of illegal content or content that does not contain any rights, such as the transmission of copyrighted works, if you are not authorized to do so.
talque is entitled in such a case to terminate the contract extraordinarily and without observing a notice period.
5. Service provision and support of talque
talque always strives to provide the best possible performance and to use state-of-the-art technologies.
However, talque assumes no liability or warranty that (i) the Services meet your requirements or wishes or expectations, (ii) the Services are uninterrupted, timely, secure and error free, (iii) the results obtained through the use of the Services correct and reliable, (iv) errors that do not or do not permanently hinder the provision of services are corrected.
talque provides support exclusively by e-mail and by ‘Best Effort’. Periods and deadlines for error or troubleshooting are, when they are mentioned, non-binding estimates, from which no rights can be derived.
talque has the right to use third parties for the provision of services.
talque is entitled to permanently or temporarily cease, remove or change the services and / or functionalities at any time, or to add new services. These changes are automatically subject to these terms. By continuing to use the Services after such changes, you are tacitly agreeing to the changes.
talque reserves the right (but is not obligated) to review, filter, modify, reject, or delete content or accounts within the Services. If you discover the content and / or infringement of third-party intellectual property, please contact us at email@example.com or use our report form within the platform.
You acknowledge that using talque data may expose you to insulting, offensive or otherwise objectionable material.
6. Liability of talque
talque is liable within the framework of the statutory provisions for intent and gross negligence and unlimited, as far as it concerns the injury of the life or the body of a natural person.
Any further liability, in particular also for such damages, which arise indirectly from the use of talque, is excluded.
In particular, talque is not liable if talque is used for non-contractual purposes. talque requires a technical infrastructure, especially an active internet connection to the terminal. The use of talque may incur costs. These costs are borne by you.
We expressly state that talque’s telephony function is not suitable for placing emergency calls, in particular police or fire department emergency calls.
7. Liability of the user
You are liable to Real Life Interaction GmbH for the proper use of talque.
This includes in particular the following aspects:
You represent that you have the right to use the content that you share through talque for this purpose.
In particular with copyright contents (texts, pictures, films, sound files, etc.) you declare that you may use them for this purpose.
You are also liable for the fault of third parties, as far as their actions are attributable to you, this applies in particular to the use and sub-licensing within the framework of an enterprise license.
Otherwise, they will release talque from claims of third parties. Also, in such a case, there is a right to extraordinary termination of talque.
As talque user, you agree to the talque code of conduct, which explicitly means:
Don’t share posts or content without permission (“unauthorized use of content and intellectual property”).
Don’t share personal or private information.
Don’t post irrelevant messages or misinformation.
Don’t post unasked promotional content as a private message.
Don’t post or message explicit, rude or aggressive content.
Personal attacks, trolling and abuse will not be tolerated.
Racism, sexism and any other discrimination will not be tolerated.
Breaking the code of conduct might result in a permanent deletion of the user profile.
The type and extent of advertising can change at any time.
You agree that talque displays advertising.
If you use talque in the free version, you must not block the advertisement.
9. Usage rights transfer
As a basic principle, the use of talque grants no use and exploitation rights to your content to talque.
However, talque’s right to store and display such content for the purpose of communicating with third parties is excluded.
At the same time, by using it you declare that you have the right to use this content from its own or derived right.
10. Contract term and termination
The free use of talque is not subject to any contract.
In the case of the free use of talque, the contract may be terminated by both parties with a notice period of two weeks at any time and without stating reasons from both sides.
The paid use of talque is closed for the period specified in the contract. If the contract is not terminated three months before the end of the agreed period, it will be renewed for the period of use specified in the contract.
The ordinary period of notice is three months to the end of the contract period.
Termination for good cause is always possible. An important reason exists in particular if these General Terms and Conditions of Business are violated, if one of the contracting parties files for bankruptcy or fails to do so despite the preconditions, or if the relationship of trust is permanently disturbed for other reasons.
11. Communication and form
talque offers the medium In-App messaging and E-Mail for communication. Other forms of communication are not supported.
It is your duty to give talque a valid, working email address.
All agreements, regulations, agreements require electronic or written form. Oral agreements are not effective. This also applies to the termination of this clause.
Eingetragen im Handelsregister.
Registergericht: Amtsgericht Charlottenburg
Registernummer: HRB 163658
USt-IdNr .: DE297754541