Terms & Conditions

Effective as of 1 July 2025

Welcome to the Talky App. Please read these Terms and Conditions carefully before using our App. By using the Talky App, you agree to be bound by these Terms. If you do not agree, you must not use the App.

The processing of personal data, including voice recordings, is governed exclusively by our Privacy Policy, which forms an integral part of these Terms.

1. Provider Information

Talky GmbH
Französische Str. 20
10117 Berlin, Germany
Commercial Register: HRB 249285B
Email: support@talky.tech

2. Eligibility and Parental Consent

The Talky App is intended for use by children between the ages of 8 and 16. Children under the age of 16 may only use the App with the prior consent of a parent or legal guardian.

By using the App, you confirm that:

• you are the parent or legal guardian of the child user and have provided your consent to the processing of your child's personal data as described in our Privacy Policy; or
• you are at least 16 years old and legally capable of accepting these Terms.

Parents and legal guardians are responsible for supervising their child's use of the App and ensuring compliance with these Terms.

To enable a child to use the App, a parent or legal guardian must provide an email address during registration. Where required by applicable law, marketing communications will only be sent after the parent or legal guardian has provided the necessary consent.

3. Registration

To start using the Talky App, a parent or legal guardian must provide an email address during registration.

Talky currently does not require users to create a personal account with a username and password. Access is managed through the respective app distribution platform (Apple App Store or Google Play Store).

You agree to provide accurate information during registration. We may refuse access if false or misleading information is provided or if these Terms are violated.

4. Services Provided

Talky provides an AI-supported language learning platform that enables children to:

• participate in an interactive language learning game;
• receive personalised learning experiences based on their interactions with the App.

The App uses voice input to enable speech-based learning and personalised feedback. Details about the collection, processing and storage of personal data are set out in our Privacy Policy.

We may improve, update, modify or discontinue parts of the App where reasonably necessary, provided this does not unreasonably deprive users of the core functionality of purchased content.

5. Purchases and Payment

The App offers one-time purchases for selected language learning content. The exact content included in each purchase is displayed in the Apple App Store or Google Play Store before purchase.

Purchases are processed exclusively by Apple or Google. Their payment terms, pricing, taxes, refund policies and other purchase conditions apply.

Once purchased, the respective content is made available for your use for an unlimited period. Purchasing content grants you a personal, non-transferable licence to use that content. No ownership of the content or intellectual property is transferred.

Talky may provide updates, bug fixes, technical improvements and additional learning content from time to time.

6. Intellectual Property

All content, software, graphics, audio, text and other materials within the App are the property of Talky GmbH or its licensors and are protected by copyright and other intellectual property laws.

You are granted a limited, personal, non-exclusive and non-transferable licence to use the App solely for private, non-commercial purposes.

You may not copy, modify, distribute, reproduce, reverse engineer or create derivative works from any part of the App except where permitted by applicable law.

7. User Obligations

You agree not to:

• use the App for any unlawful purpose;
• attempt to gain unauthorised access to the App or its systems;
• interfere with the operation or security of the App;
• upload or transmit malicious software or harmful code.

8. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee that the App will always be error-free, uninterrupted, secure or available.

9. Limitation of Liability

To the extent permitted by applicable law, Talky GmbH shall not be liable for any indirect, incidental, special or consequential damages arising from the use of the App.

To the extent permitted by applicable law, our total liability shall not exceed the amount paid for the purchase giving rise to the claim. Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

10. Governing Law

These Terms shall be governed by the laws of Germany. Any disputes arising out of or in connection with these Terms shall be subject to the jurisdiction of the courts of Berlin, Germany, unless mandatory consumer protection laws provide otherwise.

11. Changes to the Terms

We may update these Terms from time to time. Where required by law, or where changes materially affect your rights, we may notify you through the App or by email. Continued use of the App after updated Terms become effective constitutes acceptance of those Terms.

12. Contact

If you have any questions regarding these Terms, please contact us at: support@talky.tech