top of page

Terms of Use

These Terms of Use (Terms) apply to your access and use of the website located at www.talkscape.io (Website) and the products and services accessed through the Website that allow you to create surveys, invite others to complete the survey by using our services to submit voice recording data (transformed into written text), to receive and generate reporting analysing the audio and written text survey response data, and various related functionalities (Services) owned and operated by Talkscape Limited (called we, us or our below). By using or interacting with the Services or the Website you and/or the entity you represent (you, your) agree to be bound by these Terms. If you do not wish to agree to these Terms, including any updated version of these Terms, you must stop using the Service and the Website.   

​

If you are invited to use our Services to complete a survey (Survey Respondents), you must also accept these Terms to use our Services. You acknowledge in using our Services, your voice recordings (which are also transformed into written text) are collected and stored by us on behalf of our subscriber customer who invited you to use our Services.  The voice recordings may include identifiable information, such as your voice, and any content you choose to provide during your response.

User Requirements
  • Our Services are intended for subscription by customer organisations for business purposes and are not intended for use by consumers for personal, domestic or household use. You agree the Consumer Guarantees Act 1993 shall not apply to your use of the Website or Services.

  • When using the Services on behalf of an organisation, you agree to these Terms on behalf of that organisation, and you represent that you have the authority to do so.

  • If you are a customer that is an individual, you may only use the Services if you have the legal capacity to form a contract with us. If you do not have the legal capacity to form a contract, you may not use the Services.

  • Our Services are not intended for subscription by minors under the age of 16 years. If you are under 16 years old, you may not subscribe to the Services. It is your responsibility to obtain the necessary consent from any Survey Respondents you invite to use our Services who are minors under the age of 16 years (we recommend consent of a parent or guardian is obtained).

Services

Details of the Services, including the features and functionality, are set out on the Website. We may upgrade, modify or remove any of the Services from time to time. Any material changes to Services will be notified to you and will come into effect on the date set out on that notice..

Subscription Fees and Payments
  • Unless you’re in a free trial, you’ll need to pay for a subscription to access our Services. This section is for subscribers, not Survey Respondents.

  • Our subscription fees for the Services are as displayed on the Website, or as otherwise agreed by us in writing.

  • We may change the subscription fees charged to you for the Services at any time, and the change will become effective at the end of the then-current billing cycle. We will provide you with advance notice to review any change in subscription fees. If you do not agree to the change in subscription fees, you may cancel your subscription before the change takes effect.

  • Our Services are billed on a subscription basis. This means you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or yearly, depending on what subscription plan you select when making your purchase. Your subscription will automatically renew at the end of each billing cycle unless you cancel no later than 30 days prior to the end of the billing cycle in which case your subscription (and the obligation to pay the subscription fee) will continue until the end of that billing cycle. You can cancel your subscription by emailing info@talkscape.io.

  • The minimum subscription period is 3 months. After that your subscription can be cancelled, in writing, with a minimum of 1 month prior to the date of cancellation.

  • If you cancel your subscription before the end of the billing cycle, you will not be entitled to any refund of any subscription fees already paid for that billing cycle, prorated or otherwise.

  • You will be billed using the billing method you select in the Services or agreed with us directly. You may be directed to our payment provider’s website to complete payment. Their terms and conditions will also apply to your transaction, and if you pay by credit card you may be charged an additional fee. All billing information (including credit card details) is collected by our third-party payment processor, and we do not have access to any credit card information.

  • Should automatic payment of any subscription fees fail to occur for any reason, your account will be suspended, until full payment is received.

  • All pricing displayed on the Website (or that we advise you of) is in NZ dollars and exclusive of all taxes, levies or duties, unless stated otherwise. Unless you provide us with proof that you are exempt from paying New Zealand Goods and Services Tax (GST), we will charge you GST in addition to the fees. Your currency may be converted to NZ dollars upon payment depending on your location and/or credit card payment arrangements.

Privacy, data security and data use
  • In addition to these Terms, our privacy policy at www.talkscape.io/privacy-statement sets out our commitments regarding the collection, storage, use and disclosure of personal information we collect from you.

  • In the course of using the Services, you may submit data to us (including your personal information and the personal information of others) or Survey Respondents may submit content to you through using the Services (all called “Content”). You retain ownership of all intellectual property rights in your Content.

  • We will treat your Content as confidential information and only use and disclose it in accordance with these Terms. However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by us); (b) was lawfully known to us before receiving it from you; (c) is received by us from a third party without breach of any obligation owed to you; or (d) was independently developed by us without reference to your Content. We may disclose your Content when required by law.

  • We will store and process your Content in a manner consistent with industry security standards. We have implemented appropriate technical, organisational, and administrative systems, policies, and procedures.  However, you are responsible for maintaining, protecting, and making backups of your Content. To the maximum extent permitted by applicable law, we will not be liable for any failure to store, or for loss or corruption of, your Content.

  • Your access to the Content is contingent upon full payment of the subscription fees. We are under no obligation to retain copies of your Content following termination of your Subscription or account.

  • You grant us a licence to use, copy, transmit, store and analyse all Content submitted to us through our Services, including personal data of yourself and others, to: enable you to use our Services; allow us to improve, develop and protect our Services; create new Services; communicate with you about your subscription; send you information we think may be of interest to you based on your marketing preferences; and disclose to third party service providers and partners to enable and support such purposes.

  • We may analyse and aggregate survey response data from your Survey Respondents with survey response data collected from other users of our Website or Services, to provide and improve our Service, to develop new services or product offerings, to generate insights and analytics, which we may share with other users of our Website or Service, or publicly. Note this aggregated data may not be actively de-identified or anonymised.

  • You acknowledge and agree that, to ensure compliance with legal obligations, we may review Content submitted to the Services to determine whether it is illegal or whether it violates these Terms. However, we have no obligation to monitor or review any content submitted to the Services.

  • We collect and process data from Survey Respondents on your behalf. You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services, including all permissions needed from Survey Respondents. We are not responsible for any actions you take with respect to your Content, including sharing it publicly. Subject to applicable law, we are not liable for your Content, or any loss or damage resulting from your use of, or reliance on, such Content.

  • You are responsible for complying with all applicable data protection laws and regulations with respect to any Content that you submit to or collect through our Services. You may not claim that a survey or questionnaire or other use of our Services is anonymous (or that survey response data will be de-identified) when it is not.

Account management
  • In order to be able to use the Services (other than as a Survey Respondent), you will be required to create an account.

  • You are responsible for safeguarding your account password and any other credentials used to access that account. You must keep your account password secure, not let anyone else use your account, and notify us of any unauthorised use of your account. Accounts may not be shared and may only be used by one individual per account.

  • You must use a valid email address to register an account.

  • As a subscriber you take full control for how your subscription is managed and who can access it. You are able to invite Survey Respondents to use the Services and you are also able to provide access to others to reports and trends analysis. You are also responsible for answering queries or resolving any disputes with your Survey Respondents.

Our Intellectual Property rights
  • Neither these Terms nor your use of the Services or the Website grant you ownership in the Services or the content, arrangement and layout of the Website and the Services (other than your Content). These Terms do not grant you any right to use our trademarks.

  • You may not copy, imitate, reproduce, display, distribute, transmit, decompile or otherwise use our content without our express permission, or as permitted by the functionality of the Website and Services.

  • If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.

Acceptable use of services and website

When using the Website and the Services, you must not:

  • alter the Website or use the Website in a way that could interfere with the performance of the Website, the Services or any other user’s use of the Website

  • disable or interfere with any security-related features of the Website or the Services

  • use any programs, scripts, bots or other automated technology to scrape or access the Website or the interfaces through which we make our Services available or hijack user accounts or log-in sessions

  • copy, store or distribute the Website’s content

  • purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes

  • host or transmit content that is or contains false, inaccurate, or intentionally deceptive information that is likely to cause harm to the public or adversely affect the public interest 

  • misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide

  • store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services or that could harm or interfere with the Website or other users of the Website.

​​

You must not use the Website or the Services:

  • for any offensive, unlawful, discriminatory, threatening, fraudulent or harmful purposes or for any activity that violates the rights of others, including to organise or incite violence, harassment, terrorism, or property damage

  • for any phishing, trolling or similar activities

  • to defraud, scam, hack, swindle or deceive other users of the Website or the Services

  • to collect contact information of other users or to send any unsolicited communication to other users, or

  • to impersonate any other person or organisation

  • in any manner that infringes the intellectual property of any person or organisation

​​

If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance.

Suspension, Account Closure, and cancellation of Services
  • You may end your access to the Services by cancelling your subscription at any time 3 months after the servcie begins by emailing [info@talkscape.io]. When you cancel your subscription, you will no longer be able to access your account to use the Services.

  • We may limit, disable, suspend and/or cancel your subscription, remove or delete Content from your account, and cancel your access to the Services and/or close your account for any of the following reasons: (a) you have materially breached these Terms and failed to remedy that breach within 10 days after we have so notified you in writing; (b) you become insolvent; (c) you fail to pay fees for 10 days past the due date; (d) you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; (e) if we are investigating suspected misconduct by you, including illegal activity; or (f) we are required to do so to comply with applicable law. If we limit, disable, suspend and/or cancel your subscription and/or terminate your access to the Services, depending upon the reason, we will, where possible, endeavour to give you advance notice and an opportunity to obtain your Content.

  • Except as set out in our Privacy Policy at www.talkscape.io/privacy-statement, and as may be required under applicable law, we have no obligation to retain your Content upon cancellation of your subscription.

Disclaimer of warranties, indemnity and limitations of liability
  • You understand and agree that your use of the Website and Services, or the surveys or questionnaires generated by the Services is at your sole risk.

  • The Website and the Services are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system, loss of data or other losses or damages that results from the use of the Website or Services or any other functionalities of the Website or Services.

  • Other than as set out in these Terms or required by law, we do not provide any warranties or guarantees of any kind for the Service. We can’t guarantee the Website, or the Services is totally secure or virus-free, even though we have reasonable security measures in place to protect any personal information you provide us. We do not guarantee or commit to any standards regarding the Website quality, performance or fitness for purpose, availability, reliability or that your use of the Website or Services will be faultless, timely or continuous.

  • While we take reasonable precautions to protect your Content, we are not responsible for the theft, deletion, destruction, damage, loss or unauthorised access of any of your Content stored via the Services or any third-party platform we use to deliver the Service.

Limitation of Liability
  • We will not be liable for any direct or indirect, special, consequential, exemplary, punitive damages or other damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Website or Services, or (ii) the interruption, suspension or termination of any part of or all the Website or Services.

  • Notwithstanding anything to the contrary in these Terms, in no event will our aggregate liability for any claims in connection with your use of the Website or Services exceed the amount of NZD100 or the subscription fees paid by you in the previous 6 months, whichever is greater.

Indemnity
  • You agree to indemnify us and our officers and employees against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever arising out of or in connection with your use of the Service or the Website or arising out of a third-party claim regarding or in connection with your or your Survey Respondents’ use of the Services or breach of these Terms or our Privacy Policy [www.talkscape.io/privacy-statement].

Changes to Terms

We may change these Terms at any time by posting the new Terms on the Website. If an amendment is material, we will use reasonable efforts to notify you in advance by email to provide you the opportunity to review the changes. Once the new Terms are effective, if you continue to use the Services or the Website, you agree to the new Terms. If you do not agree to any changes made to the terms for the Service, you should stop using that Service and you may cancel your subscription with us.

The law that applies to these Terms

These Terms are governed by the laws of New Zealand. Any dispute relating to these Terms, the Website or the Services that we cannot resolve with you must be resolved in the New Zealand courts.

Other Terms
  • You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign these Terms at any time without notice to you.

  • These Terms constitute the entire agreement between you and us, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.

  • The relationship between you and us is that of independent contractors, and not legal partners, employees, or agents of each other.

  • A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

  • If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of terms will remain in full effect.

 

If you have any questions about these Terms, please contact us at:

info@talkscape.io

bottom of page