License and terms of use for talque
1. Contractual partner and subject matter of the contract
1
talque is a service of Real Life Interaction GmbH, Choriner Str. 3 10119 Berlin, legally represented by managing directors Dr. Tassilo von Ott and Dr. Volker Braun.
1.2
The subject of the contract is the use of talque. We provide our services exclusively on the basis of the following conditions.
1.3
We are entitled to change these terms and conditions or the price lists. You will be notified of the respective change by e-mail or in writing; it will come into force with the next extension of the contract period. The most recent version of the terms and conditions is available at [link] visible. In the event of contradictions between the German and English versions of the terms and conditions, the German version shall apply.
1.4
Data protection and privacy are important to us. In addition to these conditions, our data protection regulations apply, the validity of which you have expressly confirmed during registration. You can read this privacy policy here view.
1.5
talque is an integrated web tool with which business users can communicate in a variety of ways across groups and also plan and carry out video calls, telcos, meetings. Simplicity of operation is clearly paramount. Talque is also available as an app for Android/iOS with the same functionality.
2. Contract, Applicable Law, Salvatory Clause, Jurisdiction
2.1
By registering for talque, you are making a binding offer to use talque. By completing the registration and activation of your user account, you enter into a contract with Real Life Interaction GmbH.
2.2
You must only use Talque if you are at least 18 years of age.
2.3
Depending on the TALQUE package you have selected, this may also mean that you are required to pay a fee for using talque.
2.4
This contract and the use of talque are subject to the laws of the Federal Republic of Germany.
2.5
Should one of the clauses of these terms and conditions be ineffective, this does not affect the validity of the contract itself. Instead of the invalid clause, the parties will reach an agreement which best reflects the interests of both parties and comes as close as possible to the meaning and purpose of the ineffective provision. Alternatively, the legal regulation applies.
2.6
Insofar as the contract is concluded with an entrepreneur, the place of jurisdiction of the competent court is established at the registered office of Real Life Interaction GmbH.
3. Remuneration
3.1
If you have opted for a paid TALQUE package, the following applies:
3.2
Invoices are due in advance for the respective service period. The due date is stated on the invoice. If payment is not made on time, you will be in default even without a reminder. In the event of default, talque is entitled to withhold its own performance until payment is received.
3.3
If you use talque as a consumer, the prices shown already include sales tax. The consumer term in §13 BGB applies: “A consumer is any natural person who concludes a legal transaction for purposes which for the most part cannot be attributed to their commercial or independent professional activity. ”
3.4
You will only incur further costs if you wish to use other chargeable talque services. You will then be informed of this in advance and can agree or decline.
3.5
There will be no refund for services provided but not used.
4. License to use talque
4.1
By concluding the contract, talque grants you a simple, non-transferable, worldwide license to use talque's services within the scope offered.
4.2
If you have purchased a company license, you have the right to grant talque to your employees as a sub-license. In this case, it is your duty and responsibility to ensure that the terms of this contract are also bindingly complied with by your employees. In this case, Talque is entitled to request proof of this. It is also your obligation to comply with data protection, telecommunications law, employment law and any legal requirements. Talque assumes no liability for this.
4.3
In particular, there is no right to use or license talque's brands, signs and other intellectual property for other (in particular own) purposes without a separate agreement. Talque reserves all copyright and other rights to the services. You are not allowed to remove, obscure, or alter legal notices (such as copyright or trademark notices).
4.4
The license to use talque is subject to the condition that you use it exclusively 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 even content to which there is no right, such as the transmission of copyrighted works if you do not have the right to do so.
4.5
In such a case, talque is entitled to terminate the contract extraordinarily and without notice.
5. Provision of services and support from talque
5.1
talque always strives to offer the best possible performance and to use state-of-the-art technologies.
5.2
However, talque makes no liability or warranty that (i) the services will meet your requirements or wishes or expectations, (ii) the services will be available uninterrupted, timely, secure and error-free, (iii) the results obtained from using the services are accurate and reliable, (iv) errors that do not or do not permanently impede the provision of services will be corrected.
5.3
talque provides support exclusively via email and “Best Effort.” Periods and deadlines for troubleshooting or troubleshooting are, if mentioned, non-binding estimates from which, in themselves, no rights can be derived.
5.4
talque has the right to use third parties to provide services.
5.5
talque is entitled to permanently or temporarily discontinue, remove or change the services and/or functionalities or add new services in whole or in part at any time. These changes are automatically subject to these terms. By continuing to use the Services following any such changes, you are tacitly agreeing to the changes.
5.6
talque reserves the right (but is not required to) review, filter, change, reject, or delete content or accounts within the Services. If you discover relevant content and/or infringements of third-party intellectual property, please report this to us at ip@talque.com.
5.7
You understand that by using talque, you may be exposed to data that is offensive, offensive, or otherwise objectionable.
6. Talque's liability
6.1
Within the scope of legal regulations, talque is liable for intent and gross negligence and without limitation insofar as it concerns injury to the life or body of a natural person
6.2
Any further liability, in particular for such damage arising indirectly from the use of talque, is excluded.
6.3
In particular, Talque is not liable if Talque is used for purposes contrary to the contract. talque requires a technical infrastructure, in particular an active Internet connection to the terminal device. This may incur costs when using Talque. These costs are borne by you.
6.4
We expressly point out that the talque telephony function is not suitable for making emergency calls, in particular police or fire emergency calls.
7. User liability
7.1
You are liable to Real Life Interaction GmbH for the proper use of talque.
7.2
This includes in particular the following aspects:
7.2.1
You declare that you are also entitled to use the content that you share via talque for this purpose.
7.2.2
In particular, in the case of copyright content (texts, images, films, sound files, etc.), you declare that you may use it for this purpose.
7.2.2
You are also liable for the fault of third parties insofar as their actions are attributable to you, in particular when using and sub-licensing under a corporate license.
7.2.3
Otherwise, they will release Talque from third-party claims. In such a case, there is also a right to extraordinary termination of talque.
7.2.4.
Otherwise, they will indemnify Talque from third-party claims. In such a case, there is also a right to extraordinary termination of talque.
7.3
As a TALQUE user, you agree to the TALQUE Code of Conduct, which expressly means:
7.3.1
Don't share posts or content without permission (“unauthorized use of content and intellectual property”).
7.3.2
Don't share any personal or private information.
7.3.3
Don't post irrelevant news or misinformation.
7.3.4
Don't post unsolicited promotional content in a private message.
7.3.5
Don't post explicit, rude, or aggressive content.
7.3.6
Personal attacks, trolling, and abuse are not tolerated.
7.3.7
Racism, sexism and any other form of discrimination will not be tolerated.
7.4
A violation of the Code of Conduct may result in a permanent deletion of the user profile.
8. Advertising
8.1
Some talque functions (or parts of them) can be financed by advertising (depending on the respective network) and display certain advertisements accordingly. The display of these advertisements can be controlled by the information generated by the use of the services. The rules of the data protection regulations are observed here.
8.2
The type and scope of advertising can change at any time.
8.3
You generally agree that talque displays advertising.
8.4
If you use talque in the free version, you must not block the advertising.
9. Transfer of rights of use
9.1
As a rule, the use of talque does not grant Talque any rights of use and exploitation of your content.
9.2
However, talque's right to store and display this content for the purpose of communication with third parties is excluded.
9.3
At the same time, by using this content, you represent that you are authorized to use this content under your own or derivative law.
10. Contract period and termination
10.1
The free use of talque is not subject to a contract period.
10.2
When using talque free of charge, the contract can be terminated by both parties with a notice period of two weeks at any time and without giving reasons by either party.
10.3
The paid use of talque is concluded for the period specified in the contract. If the contract is not terminated three months before the end of the agreed period, it is extended again for the period of use specified in the contract.
10.4
The ordinary period of notice is three months before the end of the contract period.
10.5
Termination for good cause is always possible. There is an important reason in particular if these terms and conditions are violated, if one of the contractual partners declares insolvency or fails to do so despite the existence of the conditions, or if the relationship of trust is permanently disturbed for other reasons.
11. Communication and form
11.1
talque offers the medium of e-mail for communication. Other forms of communication are not supported.
11.2
It is your responsibility to provide Talque with a valid, functional email address for this purpose.
11.3
All agreements, regulations, agreements must be made electronically or in writing. Verbal agreements are not effective. This also applies to the waiver of this clause.
Register entry:
Registered in the commercial register.
Register court: Charlottenburg District Court
Register number: HRB 163658
VAT registration number: DE297754541
