Terms & Conditions

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the Speakzone mobile application, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and the Privacy Policy.

If you do not agree with any part of these terms, you must not use the application or services.

2. ABOUT Speakzone

Speakzone is a mobile application that provides communication and social interaction services. The app is designed to facilitate meaningful conversations and connections between users.

2.1 Service Description

The services include but are not limited to:

• Real-time messaging and communication features
• User profile creation and management
• Social interaction and networking capabilities
• Notification and alert services

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirements

You must be at least 18 years of age to use Speakzone. The services are intended exclusively for adult users aged 18 and above. By using the app, you represent and warrant that you meet this age requirement.

3.3 Account Creation

To access certain features of the app, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify the operator immediately of any unauthorized account access

3.4 Account Termination

The operator reserves the right to suspend or terminate your account at any time for violations of these terms or for any other reason deemed appropriate.

4. USER CONDUCT AND RESPONSIBILITIES

4.1 Acceptable Use

When using Speakzone, you agree to:

• Use the app only for lawful purposes
• Respect other users' rights and privacy
• Communicate in a respectful and appropriate manner
• Comply with all applicable laws and regulations
• Report any inappropriate behavior or content

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Harassment, bullying, or intimidation of other users
• Posting or sharing illegal, harmful, or inappropriate content
• Impersonating another person or entity
• Spamming or sending unsolicited communications
• Attempting to hack, disrupt, or damage the app's systems
• Violating intellectual property rights
• Sharing false, misleading, or defamatory information
• Engaging in commercial activities without authorization

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Application Rights

The Speakzone mobile application, its features, functionality, and user interface are developed and operated by the individual developer. However, the developer does not claim ownership of or copyright to the name "Speakzone" or any associated logos or trademarks that may be used in connection with the application. Any such names, logos, or trademarks remain the property of their respective owners.

5.2 User Content License

By posting content on the app, you grant the operator a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your content in connection with the services.

5.3 Respect for Third-Party Rights

You agree not to infringe upon the intellectual property rights of others when using the app. The operator respects the intellectual property rights of third parties and expects users to do the same.

6. PRIVACY AND DATA PROTECTION

Your privacy is important. The collection, use, and protection of your personal information is governed by the Privacy Policy, which is incorporated into these terms by reference.

By using the app, you consent to the collection and use of your information as described in the Privacy Policy.

6.1 Data Security

While the operator implements reasonable security measures to protect your information, you acknowledge that no method of transmission or storage is completely secure.

6.2 Opt-Out Requests

Opt-out requests will be processed within 7 business days. Please note that you will continue to receive essential transactional and service-related communications even after opting out of marketing messages.

7. SERVICE AVAILABILITY AND MODIFICATIONS

7.1 Service Availability

While the operator strives to maintain continuous, uninterrupted access to Speakzone, 100 percent uptime cannot be guaranteed. The services may be temporarily unavailable due to:

• Scheduled maintenance and system upgrades
• Emergency repairs or security patches
• Network or server outages beyond the operator's control
• Third-party service provider disruptions
• Natural disasters or force majeure events

Reasonable efforts will be made to notify users in advance of planned maintenance whenever possible.

7.2 Platform Modifications

The operator reserves the right to:

• Modify, update, or enhance any features or functionalities
• Introduce new services or retire existing ones
• Change the user interface or user experience design
• Alter technical specifications or system requirements
• Implement new policies or community guidelines

Significant changes that materially affect your use of the platform will be communicated through app notifications, email, or announcements on the website.

7.3 Software Updates

To ensure optimal performance and security:

• Updates to the Speakzone mobile application may be released
• Some updates may be mandatory to continue using the services
• You agree to accept and install updates promptly
• Older versions of the app may lose functionality or access

7.4 Technical Requirements

To use Speakzone effectively, you must have:

• A compatible smartphone with Android 5.0+ or iOS 12.0+ operating system
• Stable internet connection (Wi-Fi or mobile data with minimum 3G speed)
• Active phone number for registration and verification
• Sufficient device storage space for app installation and operation
• Necessary permissions granted (microphone, notifications, storage as applicable)

7.5 Quality Considerations

The quality of voice calls depends on several factors outside the operator's control, including:

• Your internet connection speed and stability
• Device hardware capabilities and performance
• Network congestion and bandwidth limitations
• Geographic location and service provider quality

Wi-Fi connections are recommended for optimal call quality, but specific quality levels cannot be guaranteed.

8. DISCLAIMERS AND WARRANTIES

8.1 "AS IS" AND "AS AVAILABLE" BASIS

8.2 No Professional Service Warranty

The operator explicitly disclaims any warranty or representation that:

• The services constitute professional counseling, therapy, or medical advice
• Interactions on the platform will meet your specific emotional or psychological needs
• Users providing conversation services are licensed professionals
• The platform can substitute for professional mental health services

8.3 Content Accuracy

The operator does not warrant or guarantee:

• The accuracy, truthfulness, or completeness of information shared by users
• That user-generated content is free from errors or omissions
• The reliability of ratings, reviews, or feedback posted by users
• That content complies with applicable laws or your specific requirements

8.4 Third-Party Content

Speakzone may contain links to or integrate with third-party websites and services. The operator does not endorse or assume responsibility for any third-party content, products, or services accessed through the platform.

8.5 User Interaction Disclaimer

8.6 No Emergency Services

Critical Warning: Speakzone does not and cannot provide emergency services or crisis intervention. The platform is not designed for or capable of:

• Connecting you to emergency responders (police, fire, medical)
• Providing immediate assistance in life-threatening situations
• Suicide prevention or mental health crisis intervention
• Replacing emergency telephone numbers (911, 112, 108, etc.)

In any emergency, immediately contact local emergency services through traditional telephone systems or in-person assistance.

8.7 Data Loss

The operator is not liable for:

• Loss, corruption, or deletion of user data or content
• Failure to store or transmit communications
• Data loss resulting from technical malfunctions or user error

You are responsible for maintaining backups of any important information.

9. LIMITATION OF LIABILITY

9.2 Scope of Liability Limitation

This limitation applies regardless of:

• The legal theory upon which liability may be based (contract, tort, negligence, strict liability, or otherwise)
• Whether the operator was advised of the possibility of such damages
• Whether the limited remedies provided fail their essential purpose

9.3 Maximum Liability Cap

In no event shall the operator's total aggregate liability for all claims arising from or related to your use of Speakzone exceed the amount you paid in the three months immediately preceding the event giving rise to liability, or INR 1,000, whichever is greater.

9.4 Specific Limitation Scenarios

Without limiting the generality of the above, the operator shall not be liable for damages arising from:

• Your inability to access or use the services
• Conduct or content of any third party or other user
• Unauthorized access to or alteration of your data or communications
• Technical malfunctions, errors, or interruptions in service
• Defamatory, offensive, or illegal conduct by other users
• Quality or nature of conversations with other users
• Reliance on information or advice received through the platform

9.5 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the operator's liability will be limited to the maximum extent permitted by law. These limitations may not apply to you if prohibited by applicable law.

10. INDEMNIFICATION

10.1 Your Indemnity Obligation

You agree to indemnify, defend, and hold harmless Speakzone, its operators, service providers, and any individuals or entities involved in providing the Speakzone services from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and expert witness fees, arising from or relating to:

• Your use or misuse of the platform and services
• Your breach of these Terms & Conditions or any applicable law
• Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
• Content you post, share, or transmit through the services
• Your conduct toward or interactions with other users
• Any false, misleading, or inaccurate information you provide
• Your negligence or willful misconduct

10.2 Defense and Cooperation

If the operator is threatened with or subjected to any claim covered by your indemnification obligation, you agree to:

• Assume full control and responsibility for the defense at your own expense
• Employ competent legal counsel acceptable to the operator
• Cooperate fully with the operator in the defense of any such claim
• Not settle any claim without the operator's prior written consent

The operator reserves the right to participate in the defense of any claim at the operator's own expense.

10.3 Indemnification Survival

This indemnification obligation survives termination of these Terms and your use of the services.

11. ACCOUNT TERMINATION

11.1 Termination by You

You may terminate your account and cease using the services at any time by:

• Uninstalling the Speakzone mobile application from your device
• Sending an email to friendlytalk786@gmail.com with the subject line "Delete Account"
• Including your registered phone number and email address for verification

11.2 What Happens Upon Account Deletion

When you request account deletion:

• Your profile and personal information will be removed from active systems
• Your conversation history and user-generated content will be deleted
• Your account will be deactivated and you will lose access immediately
• Unused wallet balance may be forfeited unless you request a refund (subject to the refund policy)
• Active subscriptions will be canceled without prorated refunds

11.3 Data Retention After Deletion

Please understand that certain information may be retained even after account deletion:

• Transaction records required for tax and accounting purposes
• Legal compliance data mandated by applicable laws
• Anonymized analytics data that cannot be traced back to you
• Information necessary for resolving disputes or enforcing agreements
• Backup copies maintained for disaster recovery (automatically purged within 90 days)

11.4 Termination by Operator

The operator reserves the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms & Conditions
• Engaging in prohibited activities or misconduct
• Fraudulent, abusive, or illegal behavior
• Providing false or misleading information
• Being underage or misrepresenting your age
• Repeated user complaints or violations
• Chargebacks, payment disputes, or fraudulent payment activity
• Inactivity for an extended period (typically 12 months or more)
• Any other legitimate reason at the operator's discretion

11.5 Effects of Termination

Upon termination by either party:

• Your right to access and use the platform ceases immediately
• You must discontinue all use of the services and delete the application
• You remain liable for any outstanding obligations or fees owed
• Provisions that by their nature should survive termination will remain in effect
• The operator may delete or retain your content and data at the operator's discretion

11.6 Refunds Upon Termination

If your account is terminated:

• Voluntary termination: Unused wallet balance may be refunded upon request (subject to the refund policy)
• Termination for cause: The operator may forfeit any wallet balance or deny refunds if termination results from your violation of these Terms
• Processing: Refund requests must be submitted within 30 days of termination

11.7 Prohibition on Re-Registration

If the operator terminates your account for violations:

• You are prohibited from creating a new account without the operator's express permission
• The operator may use technical measures to prevent re-registration
• Attempts to circumvent termination may result in legal action

11.8 Survival of Terms

The following sections survive termination: Intellectual Property Rights, User Content License, Indemnification, Limitation of Liability, Disclaimers, Governing Law, and Dispute Resolution.

12. FORCE MAJEURE

12.1 Events Beyond Operator's Control

Speakzone shall not be held liable for any failure or delay in performing the operator's obligations under these Terms if such failure or delay is caused by circumstances beyond the operator's reasonable control, including but not limited to:

• Natural disasters such as earthquakes, floods, hurricanes, tsunamis, wildfires, or other acts of nature
• Health emergencies including pandemics, epidemics, quarantines, or public health crises
• Governmental actions such as lockdowns, curfews, restrictions, embargoes, sanctions, or legislative changes
• Labor disruptions including strikes, lockouts, work stoppages, or labor disputes
• Warfare and civil unrest including wars, terrorism, riots, civil disorders, or military actions
• Infrastructure failures such as power outages, internet service disruptions, or telecommunications failures
• Technical incidents including server failures, cyberattacks, DDoS attacks, or hacking attempts not caused by the operator's negligence
• Third-party failures such as service provider outages, payment processor issues, or hosting platform disruptions

12.2 Obligations During Force Majeure

During force majeure events:

• Reasonable efforts will be made to notify users of the situation and expected duration
• Efforts will be made to minimize disruption and find alternative solutions where possible
• The operator is not obligated to fulfill normal service level commitments
• No refunds will be issued for temporary service disruptions caused by force majeure

12.3 Extended Force Majeure

If a force majeure event continues for more than 30 consecutive days, either party may terminate affected services by providing written notice to the other party.

13. GOVERNING LAW AND JURISDICTION

13.1 Applicable Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of India, including but not limited to:

• The Information Technology Act, 2000
• Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• The Indian Contract Act, 1872
• The Consumer Protection Act, 2019
• Any other applicable central or state legislation

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.2 Exclusive Jurisdiction

Subject to the arbitration provisions below, the courts of Kozhikode, Kerala, India shall have exclusive jurisdiction over all disputes arising from or related to these Terms or your use of Speakzone.

By using the services, you irrevocably consent to the jurisdiction of these courts and waive any objection to venue or inconvenient forum.

14. DISPUTE RESOLUTION AND ARBITRATION

14.1 Amicable Settlement

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of Speakzone, the parties agree to first attempt to resolve the matter through good faith negotiations.

Either party may initiate negotiations by sending written notice to the other party describing the dispute in detail. The parties shall then have twenty-one days from the date of such notice to reach an amicable resolution.

14.2 Binding Arbitration

If the dispute cannot be resolved through amicable negotiations within the specified period, either party may refer the dispute to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), including any amendments or replacements.

14.3 Arbitration Procedures

The arbitration shall be conducted as follows:

• Arbitrator selection: The dispute shall be resolved by a sole arbitrator mutually appointed by both parties within 15 days of arbitration notice
• Failure to agree: If parties cannot agree on an arbitrator, appointment shall be made in accordance with the Arbitration and Conciliation Act
• Seat of arbitration: Kozhikode, Kerala, India
• Language: Proceedings shall be conducted in English and Malayalam
• Governing rules: Arbitration and Conciliation Act, 1996 (India)

14.4 Arbitration Award

The arbitrator's decision shall be:

• Final and binding on both parties
• Enforceable in any court of competent jurisdiction
• Made in writing with reasons provided

Judgment upon the award may be entered in any court having jurisdiction, and each party agrees to submit to the jurisdiction of such court for enforcement purposes.

14.5 Costs and Fees

Each party shall bear its own legal costs unless the arbitrator decides otherwise based on the merits of the case. The costs of arbitration (including arbitrator fees) shall be shared equally unless the arbitrator allocates costs differently.

14.6 Continuation of Obligations

During any dispute resolution process, both parties shall continue to fulfill their obligations under these Terms except for the matters specifically in dispute.

14.7 Injunctive Relief

Nothing in this arbitration clause prevents either party from seeking emergency interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the completion of arbitration.

14.8 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Speakzone individually. To the fullest extent permitted by law:

• No arbitration or proceeding shall be joined with any other
• No dispute shall be arbitrated or litigated on a class-action basis
• You waive any right to participate in a class action lawsuit

15. MISCELLANEOUS PROVISIONS

15.1 Entire Agreement

These Terms & Conditions, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and the operator of Speakzone regarding your use of the services and supersede all prior or contemporaneous communications, agreements, or understandings, whether written or oral.

15.2 Severability

If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable:

• The remaining provisions shall continue in full force and effect
• The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision shall be severed from these Terms

15.3 Waiver

The operator's failure to enforce any right or provision of these Terms shall not constitute a waiver of that or any other provision. Any waiver must be in writing and signed by the operator of Speakzone.

No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.

15.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without the operator's prior written consent. Any attempted assignment in violation of this provision shall be void.

The operator may freely assign or transfer rights and obligations under these Terms without restriction.

15.5 No Third-Party Beneficiaries

These Terms are solely for your and the operator's benefit and are not intended to confer any rights or remedies upon any third party.

15.6 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and the operator of Speakzone. You have no authority to bind the operator in any manner.

15.7 Headings and Interpretation

Section headings are for convenience only and shall not affect the interpretation of these Terms. Unless context requires otherwise:

• Singular includes plural and vice versa
• "Including" means "including but not limited to"
• References to sections or provisions refer to sections or provisions of these Terms

15.8 Language

These Terms are provided in English. In case of any conflict between English and translated versions, the English version shall prevail.

15.9 Contact Information

For all inquiries, concerns, or legal notices regarding these Terms & Conditions, please contact the operator at: