These terms and conditions are effective as of January 10, 2020.
These terms and conditions (hereinafter, the "Terms and Conditions") govern the use of and access to TalkAll Customer Care and/or TalkAll Customer Care and/or TalkAll Chat (hereinafter, the "Platforms") and/or any and all customer care solutions offered and operated by TalkAll (hereinafter, the "Services" or "Service"), to provide customer customers (hereinafter, the "Users") with more efficient service. Both access to and use of the Services are contingent upon your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and individuals who access or use the Services.
1. terms of services
These terms and conditions constitute an agreement (hereinafter, the "Agreement") between TalkAll's customers (hereinafter, the "Customers") and TalkAll (each, a "Party" and collectively, the "Parties"), a Brazilian company, governing access to the Services and the www.talkall.com.br website (hereinafter, the "Site"), software, data feeds, information, tools, features and functionality available on the Site.
In addition, when using the Services, you will be subject to any guidelines or rules posted within that service, in addition to those contained in these terms and conditions.
By entering, visiting and/or using the site and/or services, you agree that you have read and understand the terms set forth in this agreement, including the terms of the Privacy Policy as they may be amended from time to time (collectively, the "terms"), and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of this site and/or services. These terms apply to customer activities and set forth the rights and obligations of customers affected by the agreement. If you do not agree to these terms, you must not use this site and/or any of the services provided by TalkAll.
2. Use of services
2.1 TalkAll provides many classes of services:
TalkAll Customer Care: TalkAll can offer its customers the Chat Web Platform ("Chat"), where TalkAll's customers can interact with users from multiple digital channels through their own human agents on a single website. The number of sessions held will be calculated when a conversation between an agent and a user is closed. The Session may have unlimited interactions and will be considered closed in the following cases: (i) Inactivity of the user established by the customer's configuration; (ii) Active option to terminate the conversation in the chat window (both from the user and the agent).
2.2 By using or accessing any of the services, the client and/or user agrees to be bound by these terms and conditions. If the client and/or the user is using the services on behalf of an organization, entity or any other artificial person (hereinafter, the "Organization"), the client and/or the user accepts and acknowledges that the organization gives its consent to these terms and conditions, and that the client and/or the user has the authority to represent and bind the organization. The client and/or the user may only use the services, if the client and/or the user has the ability to bind by executing a contract with TalkAll in accordance with these terms and conditions and all local, state and national and international laws, rules and regulations. Furthermore, the client and/or user hereby accepts and acknowledges that the services may from time to time be subject to change as they evolve or as features are reduced or added, which may occur without notice. Further, the client and/or the user accepts that TalkAll may, without notice, discontinue, temporarily or permanently, the provision of the services to the client and/or the user.
2.3 It is acknowledged and agreed that TalkAll has the right, in its sole discretion, to refuse to provide services, temporarily or permanently, through the platform and/or any other service, to any customer and/or user at any time, including if it has suspicion, in its sole discretion, that a particular customer and/or user is in violation of these terms and conditions.
3. Knowledge
Among other benefits, the services allow customers to create, post or upload information, links, photos, videos or other materials (hereinafter, the "Knowledge") and share them with third parties. Customers shall retain ownership of the Knowledge and hereby acknowledge that TalkAll SHALL have NO LIABILITY whatsoever if any users or third parties copy, retransmit or disclose the Knowledge. Customers acknowledge and accept that publication of knowledge through the use of the services is not a substitute for registration with the relevant copyright authority or any other copyright entities. Please carefully review what customers choose to share through the services. Customers undertake not to create, upload or publish knowledge that: (i) may result in risk of harm, loss, physical injury or mental suffering, death, disability, disfigurement or physical or mental illness, to customers or to any person or animal ; (ii) may result in risk of harm to any individual or property ; (iii) is intended to harm or exploit minors exposed to inappropriate knowledge by soliciting them to submit information, whether personal or otherwise ; (iv) may constitute or contribute to any type of crime, wrong or wrongdoing; (v) contains any information or knowledge that is considered illegal, harmful, abusive, ethnically or racially offensive, defamatory, or that interferes with personal privacy, or is harassing, or demeaning to others, or libelous, threatening or profane; (vi) contains any unlawful information or knowledge (including, but not limited to, disclosure of information confidential by law or to third parties, "commercial information"); (vii) contains any information or knowledge that customers do not have authority to disclose; or (viii) contains any information or knowledge that customers know to be incorrect or out of date. Clients hereby agree that any knowledge will not infringe the rights of any third party, including, without limitation, intellectual property rights or privacy rights. TalkAll reserves the right, but shall in no way refuse and/or delete any knowledge that, in its sole discretion, is deemed to infringe these provisions. Clients shall retain ownership of the knowledge, however, clients authorize TalkAll to use, copy, reproduce, adapt, edit, transmit, translate, display and distribute such knowledge in connection with the provision of the Services. Customers accept that TalkAll may use the knowledge, as well as the questions and answers, interactions and any content owned by customers, in order to improve its processes and algorithms and artificial intelligence. In addition, customers authorize TalkAll to adapt the knowledge if, in TalkAll's opinion, it is necessary to adjust such knowledge to any requirement or restriction of any network, device, service or communication medium. TalkAll reserves the right, but is under no circumstances obligated, to delete or refuse to distribute any knowledge through the use of the services, including the knowledge. Further, it reserves the right to access, read, maintain, and disclose any information as it deems reasonably necessary to (i) comply with any applicable law, regulation, legal procedure, or governmental request; (ii) enforce these terms and conditions, including investigation of any alleged violation thereof; (iii) detect, prevent, or otherwise address any issues related to fraud, security, or technical issues; (iv) respond to users' requests for assistance; or (v) protect the rights, property, or safety of TalkAll, its users, and the public.
4. Use of knowledge
All knowledge included in the Services, whether public or transmitted by users privately, is the sole responsibility of the creator of that knowledge. TalkAll does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any knowledge created, uploaded or posted through the use of the services and does not endorse any opinions made through the use of the Services. TalkAll has no ability to oversee and/or control the knowledge created, uploaded or posted through the use of the Services; therefore, it cannot assume any liability in relation to such knowledge. Therefore, if customers use or rely on any knowledge or materials created, uploaded or posted with the use of the Services, they are under their sole responsibility. Under no circumstances shall TalkAll be liable for the knowledge, or for any loss or damage that is incurred as a result of the use of any knowledge contained in the platforms. Clients herein accept that they are solely responsible for their use of the services and any knowledge provided through them, and for the consequences thereof, including the use of their knowledge by other users and third parties. TalkAll shall not be liable for the use of the customer's knowledge in accordance with these terms and conditions. The client represents and warrants that it has all necessary rights, powers and authorities to grant the rights granted hereunder in any knowledge delivered by the client.
5. Service Configuration
5.1. Customer will comply with the technical requirements and specifications of the service, together with any other requirements and specifications that TalkAll may specify from time to time, for example, in the provision and improvement of other TalkAll services that Customer may be interested in receiving. Such technical specifications may include the following operations: (i) including software code, tags and cookies provided by TalkAll on customer websites and, if applicable, email newsletters; (ii) providing TalkAll with catalog files of customer products and/or services to be included in the service; and (iii) providing TalkAll with customer logos and other content to be displayed in advertisements, banners or the like. Client shall comply at all times with TalkAll's policies that have been included in its Privacy Policy.
6. Customer account
6.1 When customers create their account (hereinafter, the "Account"), customers must provide accurate information to TalkAll. The account grants customers access to the services and functionalities of the platforms, which may be, from time to time, modified at TalkAll's sole discretion, provided that such modifications do not alter the essence of the services. TalkAll may maintain different types of accounts for different types of customers. If users connect to the platforms through a third-party service, users will grant TalkAll permission to access and use their information through the service, and will store the admission user data for that service. Neither customers nor users shall use an account held by another user and/or customer without their permission. In addition, should customers provide access to a third party through an API, or systems, or similar platforms, customers shall be responsible for all damages caused by such access and the use of information and transactions made through it.
6.2 If you voluntarily provide us with personal information, it will be kept confidential in accordance with our Privacy Policy. For more details, please see our Privacy Policy.
6.3 Customer is solely and fully responsible for all activities that occur under its business. The client may not assign or transfer any of the client's rights or delegate any of the client's obligations under the client's use of the service without TalkAll's prior written consent. Client must notify TalkAll immediately of any unauthorized use of its website and/or any of the services or any other breach of security. TalkAll cannot and will not be liable for any loss or damage arising from (i) client's failure to comply with these terms and conditions; (ii) any unauthorized use of client's website or any other breach of security; (iii) any activity on client's website conducted by others on behalf of client and/or under client's supervision, whether or not TalkAll is notified of the possibility and/or existence of such loss of damage.
6.4 Customer acknowledges, understands and agrees that TalkAll has no responsibility, cannot and does not confirm the intended identity of each customer and/or user.
6.5 If the customer is no longer interested in using the service, he/she may contact TalkAll support at comercial@talkall.com.br for assistance in removing and/or cancelling the service.
6.6 The customer will be entitled to one service history for a period of 90 days or until the history storage reaches 5GB, whichever occurs first. After this limit is reached, without the client's permission or authorization, TalkAll may automatically remove the oldest service history to ensure the system is fully functional. The client acknowledges and agrees that TalkAll reserves the right to remove the service history, as mentioned, without prior notice and without requiring any additional authorization from the client. This action is taken to ensure that the system remains fully functional and to optimize data storage.
7. Talkall license
7.1 Subject to these terms and conditions, TalkAll grants a worldwide license to customers that, unless expressly authorized in writing, granted without right to sublicense and as a non-exclusive license to use the service or services. TalkAll shall reserve any rights not expressly granted under these terms and conditions and shall have the right to terminate this license at any time and for any reason, and even for no reason. It is essential that the service be used in connection with the customer's business. Therefore, the customer will not be authorized to use the services for different purposes.
8. Payments
8.1. In order for TalkAll to be obliged to provide the services to the customers, it is an essential condition that the invoices are paid in time and form in accordance with the "Service Framework Agreement". If customers fail to comply with this condition, TalkAll shall have the right to cancel the service.
8.2 All information provided by the customer in connection with a purchase or transaction, or other monetary transaction interaction with the service must be accurate, complete and current. The customer agrees to pay all charges incurred for the use of the service by wire transfer, bill of exchange, or credit card, depending on the plan purchased, including current taxes or those that are hereafter imposed or required by TalkAll, by any authority in connection with or arising out of the service and/or this agreement, excluding taxes based on TalkAll's net income.
9. Limitation of liability
9.1 The use of the service is exclusively at the customer's own risk. In no event shall TalkAll be liable for any damages, including but not limited to indirect, special, incidental, or consequential damages of any kind, whether in action of this agreement, negligence, or other wrongful actions resulting from the use of the service or inability to use the service, regardless of whether TalkAll or an authorized representative of TalkAll has been advised of the possibility of such damages.
9.2 Customers exclude and do not hold TalkAll responsible for the actions or inactions of third parties, including third parties and/or users. Client acknowledges that the use of the service is used only as a tool to enable clients to offer a product and knowledge, at any time, from any place. TalkAll is not a party in any way to any transaction or transfer of any legal right or ownership of the customer's product(s) and/or content. TalkAll has no responsibility for, or controls and does not guarantee the quality, authenticity, safety or legality of the product(s) and/or content listed and advertised on the customer site or other sites, or the truth or accuracy of the listings, and cannot guarantee that a user will actually complete a transaction. Consequently, TalkAll assumes no responsibility to guarantee provisions of services and/or customer products to a user. Consequently, to the extent legally permissible, TalkAll excludes all implied warranties, terms and conditions. TalkAll is not liable for any loss of money, goodwill or reputation, or for any special, indirect or consequential damages resulting from customer's use of the service.
9.3 Customer acknowledges and accepts the risk that third parties may generate impressions or other actions affecting charges for fraudulent or improper purposes. TalkAll shall have no responsibility or liability in connection with the customer's connection with any third party click fraud or other improper actions that may occur.
9.4 The client acknowledges and agrees that TalkAll, the platforms and services offered by TalkAll act only as a service and TalkAll is not, in any case, directly or indirectly involved in any potential transaction between the client and the user. TalkAll does not impose any rules or restrictions in relation to any transaction, and does not act as a consultant or legal advisor in relation to any transaction for the client or user. TalkAll shall have no liability with respect to the terms set forth in any transaction between you and the user.
9.5 An individual or business entity operating as a customer and its user who may be an individual or business entities for whom the service is intended shall be solely responsible for defining all commercial and legal terms and conditions governing the relationship between them, and TalkAll shall have no liability for such relationship.
9.6. It is acknowledged and agreed that TalkAll shall not be liable and shall not assume any additional liability or expense due as a result of (i) any breach by you of any of the terms and conditions; (ii) any written agreement that you and you have reached, including commercial and legal rules established by you governing and including, without limitation, any related services, including, but not limited to, shipping, applicable law, customs clearance; or (iii) any loss or damage caused to any third party as a result of the customer's acts or omissions; (iv) any inaccuracies, falsity and/or authenticity of the content and information provided and/or displayed on the service based on the customer's content provided on its sites or other sites.
9.7 For the avoidance of doubt, nothing in this agreement excludes or limits either party's liability for fraud, gross negligence, death or personal injury or any other matter to the extent that such exclusion or limitation is not unlawful.
10. Intellectual Property
10.1 All right, title, and interest in and to the services (excluding knowledge provided by users) are and shall remain the exclusive property of TalkAll and its licensors. The services are protected by copyright, trademark, and other laws of Brazil and abroad. Nothing contained in these terms and conditions shall grant the client and/or user the right to use the name TalkAll Attendance and/or TalkAll Attendance and/or any of TalkAll's trademarks, logos, domain names, and other distinctive brand features. Any remarks, opinions, suggestions, or comments that may be given by customers regarding the services shall be for informational purposes only. TalkAll may use such observations, opinions, comments or suggestions as it deems appropriate, but this shall not create obligations for the customer. The software used to provide the services as a whole, as well as each of their constituents, updates, source codes, new versions, processes, images, animations, modules, video, audio, texts, and algorithms or subprograms added thereto; printed materials or material in electronic or digital format added thereto, and any copy thereof, are the intellectual property of TalkAll, which holds all rights thereto, the use of which is permitted to the client within the limits set forth in these terms and conditions. These rights are protected by national and international intellectual property laws and treaties and international rights. The client undertakes not to remove or delete any copyright notices, trademarks and trade names and, in general, any notice contained in the documents relating to them.
10.2 The client acknowledges and accepts that TalkAll may include the client's name in TalkAll's public client list for the purpose of identifying the client by use of its trademark, logo and/or trade name.
11. Acceptable use of the services
11.1 TalkAll trusts that the customer and/or the user will use the services in a responsible manner. Therefore, the client and/or user undertakes not to abuse the services and undertakes not to: sell, perform any acts of disposition, lend, deliver, license or sublicense, transfer or lend for use in whole or in part, or on a temporary or permanent basis, free of charge or for valuable consideration, any of the services to any third party, except upon TalkAll's prior express written authorization; copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any part of the platform and/or the service in any way; interfere with or disrupt the operation of the platform and/or the service, or the servers or networks hosting the platform and/or the service or making the platform and/or the service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers and/or networks; interfere with or violate the privacy and other rights of other customers and/or users, or collect or gather data and information about another customer and/or user without their express consent, either manually or with the use of any robot, crawler, site search or retrieval application, or other manual or automated device or process to retrieve, index and/or database information; defame, abuse, harass, stalk, threaten or violate the legal rights of any third party, including customers and/or users, or include illegal, hateful, obscene, indecent or unlawful content in the advertisements, banners and/or content posted, uploaded or uploaded by the customer and/or user on or through the platform and/or the service; impersonate any person or entity, including, but not limited to, any agent or representative of TalkAll, falsely state or otherwise misrepresent customer's affiliation with any person or entity, or express or imply that TalkAll endorses customer, customer's application, customer's business or any statement, customer makes or presents false information about TalkAll, the platform and/or the service or any other services or products linked to the user through customer's website and/or other websites; create, transfer, or send unwanted or unsolicited commercial e-mail (spam) to other customers and/or users or any third party using the service; transmit, distribute, display, or make available through or in connection with the use of the service and/or platform any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, telecommunications equipment, or any other actual or potentially harmful, invasive, or invasive code or component; create a database by systematically downloading and storing all or any intellectual property of TalkAll, or any other content generated from the platform and/or the service; provide false, inaccurate or misleading information in any content provided, posted, uploaded or transferred by the user, or any content generated by the user and/or third parties, on or through the client website or other sites, platform and/or the service, or similar; post, download or upload in the advertisements and/or banners any content that infringes any third party's intellectual property rights, including trademarks, copyright and patent rights or other proprietary rights, or contains any illegal material; use the service and/or platform for any illegal or unauthorized purpose. Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; use the service to harm minors in any way; violate, attempt to violate or avoid any applicable LGPD regulations or policies;
11.2 Failure by the Customer to comply with the provisions set forth herein may result in removal as a Customer or denial of access and/or use of the Service as a Customer, and may expose the Customer to civil and/or criminal liability.
11.3 Without limiting any other remedies available, TalkAll may, without prior notice, limit, suspend, or terminate its service, and take technical and legal steps to deny you access to your Account, use the service, in its sole discretion.
12. Privacy
12.1 TalkAll respects the privacy of clients and users and is committed to protecting the personal and business information that clients share with them. TalkAll believes that the client has the right to know its practices regarding the information that TalkAll may collect when the client contracts the service. TalkAll's policies and practices and the type of information collected are described in the Privacy Policy.
12.2 Client acknowledges and accepts that it may include codes and tags in its email newsletters and websites. Any data received by TalkAll through such tags will be used to perform the services, and/or provide and improve any other TalkAll products or services that Client may be interested in receiving from time to time. TalkAll will collect and use such data in compliance with applicable laws and regulations, including but not limited to laws governing privacy and data protection.
12.3 Customer undertakes to include on its website (i) a privacy policy that includes a link to TalkAll's privacy policy and where legally required (ii) adequate notice and choice mechanisms that comply with relevant laws and regulations. Where notices are legally required, they must prominently indicate to users (i) that by continuing to browse the customer's website, they consent to the cookie (or other tracking technologies) falling for the purpose of the service; and (ii) allow users to learn more about and object to the service.
12.4 TalkAll is committed to preserving the privacy of its users. TalkAll collects, uses, and shares personally identifiable information and non-personally identifiable information as described in its privacy policy. Clients accept that by using the services, clients consent to the collection of such information and consent to the collection, use, transfer, and processing of client and/or user personal data in accordance with the privacy policy.
13. Removal of infringing content
13.1 If you and/or the user believe that any content, add-on, banner, trademark, brand, or other third party intellectual property infringes upon your or any third party's intellectual property rights, please send a detailed notice to comercial@talkall.com.br and TalkAll will use commercially reasonable efforts to remove such content, locate the infringer, and notify the infringer of your and/or the user's complaint.
13.2. For efficient removal, the customer's notice must consist of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notice, a representative list of such works on that Site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (iv) information reasonably sufficient to permit TalkAll to locate the material; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law: and (vi) a statement that the information contained in the notification is accurate and under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Trademarks
14.1. the TalkAll logo and all other proprietary identifiers used by TalkAll in connection with the services and/or platforms ("Company Marks"), "TalkAll", "TalkAll Attendance", "TalkAll Attendance", are trademarks and/or trade names and/or service marks of TalkAll, whether or not registered. All other trademarks, service marks, trade names and logos, which appear on the site, platform and/or services, belong to their respective owners (the "Third Party Marks"). No right, license or interest to the Company Trademarks is granted hereunder, and Customer agrees that no such right, license or interest shall be asserted by Customer with respect to the Company Trademarks or Third Party Trademarks.
15. Links and third-party sites
15.1. The Services may contain links to or use third party sites and services, including, but not limited to, links to third party sites that host customers, advertisers, services, special offers, or other events or activities, which are not owned or controlled by TalkAll. If such links are suggested by TalkAll, or added by the client (hereinafter, the "Third Party Sites"). Client thereby acknowledges that TalkAll has no control over such Third Party Sites, and Client acknowledges and agrees that TalkAll is not responsible for the availability of Third Party Sites and does not endorse and is not responsible or liable for any services, content, advertisements, products or any materials present or available on Third Party Sites. Client also acknowledges and agrees that TalkAll shall not be liable, directly or indirectly, for any damage or injury caused, or alleged to be caused, by or in connection with the use of or reliance on any services, content, products or other materials available on/or through third party sites. Most third-party sites provide legal documents, including terms of use and privacy policy, which govern your use of such sites. You are always advised to read these documents carefully. In any case, TalkAll reserves the right to stop using any link at any time in its sole discretion.
15.2 If the client and/or users access third party websites using the services, the client and/or user does so at their own risk and the client and/or user understands that these terms and conditions and our privacy policy do not apply to the use of such websites. The customer and/or user expressly holds TalkAll responsible against any liability resulting from the use of any third party site, service or content, and the customer and/or user accepts that their relationship with any third party site, service or content is solely between them and such third party. The client and/or user hereby accepts that TalkAll is not and shall not be liable for any loss or damage inflicted as a result of the client's relationship with any third party.
16. Indemnity
16.1. Client agrees that TalkAll, its licensor, licensees, employees, contractors, agents, officers and directors are harmless, against any claims, damages, obligations, losses, liabilities, costs, debts and expenses (including, but not limited to, attorneys' fees) arising out of the use of and access to the services, including, but not limited to, any claims, as a result of: (i) data or knowledge transmitted or received by the customer and/or users; (ii) access or use of the services by third parties with the customer's username and password; (iii) violation of these terms and conditions and/or any other applicable rule or regulation.
17. Confidential Information
17.1. Client agrees to protect as confidential and not disclose to third parties any confidential information (as such term is defined below) received from TalkAll, its related companies, or that is in any way obtained by clients in connection with, or with respect to the performance of the Agreement. For these purposes, "Confidential Information" means information that is not generally available to the public and that is used, developed or obtained by TalkAll and/or its related companies, including, but not limited to: (i) information, procedures and data obtained and/or developed by TalkAll or its related companies (including those obtained prior to the execution of this agreement) relating to TalkAll's, or its related companies', business or affairs; (ii) products or services; (iii) cost and pricing structures; (iv) analysis; (v) business and accounting methods; (vi) software, including operating systems, programming requests, and lists; (vii) organizational charts, manuals, and documents; (viii) all production methods, processes, technology, and trade secrets; and (ix) any other similar information in any way related thereto. Furthermore, customers undertake to use confidential information only as a way to fulfill the obligations undertaken under these terms and conditions. To keep the information strictly confidential, clients undertake to take all necessary and reasonable security measures, taking the same care that clients use to protect their own confidential information (but in no event less than the reasonable care set out in applicable law). Clients shall take any and all necessary technical and organizational measures to ensure the security and confidentiality of confidential information, to prevent its tampering, loss, consultation or unauthorized treatment, to detect any deliberate or unintentional unauthorized use of the confidential information, risk resulting from human actions or the technical device used.
18. Changes
18.1 TalkAll reserves the right to amend these terms and conditions from time to time and will always publish the latest version on its website. In the event of changes to these terms and conditions, which in TalkAll's discretion are deemed fundamental, the company will notify customers via an additional method (i.e. via email to the address associated with the customer's account). Changes to these terms and conditions may be posted on the site or URL corresponding to the terms and conditions, so customers should check these sites regularly. By continuing to access or use the services after such changes take effect, customers accept that the amended terms and conditions are binding on them. If customers do not agree to the new terms, customers should discontinue use of the services immediately.
19. Various
These terms and conditions and any rights and licenses granted hereunder may not be transferred or assigned by customers, but may be assigned by TalkAll without restriction. If customers attempt to transfer or assign, such transfer or assignment shall be null and void by operation of law. All claims must be brought by the parties individually and not as plaintiffs or members that any class action. Customers agree that by accepting these terms and conditions, customers and TalkAll waive the right to jury test or join a class action. These terms and all amendments and additional agreements that may be entered into with TalkAll in connection with the services, constitute the entire agreement between customers and TalkAll. If any provision of these terms is held invalid by a court of competent jurisdiction, it shall in no way affect the validity of the other provisions contained in these terms and conditions, which shall remain in full force and effect. No waiver with respect to any of the terms of these terms and conditions shall be deemed a waiver of other terms not expressly detailed, and TalkAll's failure to enforce any right or provision under these terms and conditions shall not be deemed a waiver of such right or provisions. TalkAll may give notices if required by law or for other business related purposes, at its own option by electronic mail, physical letter sent via regular mail or posting notice on the website. Notwithstanding the foregoing, customers may choose to unsubscribe from certain types of notices by visiting the setup site. For any questions or concerns regarding these terms and conditions, please contact TalkAll via email at comercial@talkall.com.br.
20. Disclaimer
20.1 The services are provided under the conditions set forth in these terms and conditions and as currently offered. Use of the services is at the customer's own risk. The services are provided without any express or implied warranty, including, but not limited to, marketing warranty, warranty of ability for a specific purpose, or warranty without offense. TalkAll and its license providers do not warrant that: (i) the services shall be available at any time or any place; (ii) the services will be uninterrupted or secure; (iii) any defects or errors will be remedied; (iv) the Services are free of viruses or other harmful components.
20.2 Under no circumstances shall TalkAll, its affiliates, agents, officers, directors, employees, or suppliers be liable for direct, indirect, incidental, special, or punitive damages, including, without limitation, business interruption, loss of profits, or other intangible losses resulting from the use or inability to use the services. Under no circumstances, TalkAll shall be liable for damages and/or losses resulting from trespass, alteration, or unauthorized access to the customer's account or other use of the services or customer account and the information contained therein.
20.3. Under no circumstances, TalkAll shall be liable for: (I) anything attributable to customers and/or (ii) the use made by customers of the services and/or; (iii) errors or ambiguities in knowledge; (iv) direct or indirect damages that may be inflicted by customers on third parties; (v) injuries or damages to personal property of any kind as a result of customers' access to or use of TalkAll's Services; (vi) unauthorized access to or use of TalkAll's servers and/or any personal information maintained thereon; (iv) any interruption or discontinuation of transmission of the services; (v) any errors, viruses, trojans, or similar that may be transmitted through the use of the services by third parties; (vi) any error or omission in any knowledge or any loss or damage incurred as a result of the use of any knowledge posted, emailed, transmitted, or otherwise made available through the use of the services; and/or (vii) any knowledge of any user or behavior of any third party that is defamatory, offensive, or illegal; and/or (viii) instances where the services do not meet the user's needs. In no event shall TalkAll, its agents, officers, directors, employees, suppliers, or licensors be liable to customers for any claims, proceedings, duties, damages, losses, or expenses in excess of the amount paid by customers for the services.
20.4 Any knowledge downloaded or obtained through the use of the services is downloaded at the customer's own risk and customers shall be solely responsible for any damage to the customer's IT system and/or mobile device or loss of data resulting from such download or the use of any of the services. TalkAll does not guarantee and shall not be liable for the products or services offered by third parties through any of its services. TalkAll shall not be a party to such transactions and shall not monitor any transaction made between customers and third-party providers of products or services. Taking into account the characteristics of the services, TalkAll may perform routine maintenance tasks and/or improvements to the services; because of this and because of other unforeseen contingencies related to the internet, customers accept risks and failures or unavailability of third party servers and clients, which they expressly waive, claiming any contractual or extra-contractual liability, or damages to TalkAll for any failures, slow connectivity, or errors in the access and use of the services for reasons not attributable to TalkAll.
20.5 Customers shall immediately notify TalkAll of any service failures and TalkAll will inform customers of the nature of the service failure, relevant, and the expected repair time. With regard to service restitution, if necessary, customers will provide all necessary and reasonable support. TalkAll will inform customers immediately if the failure is not service related. Once the fault is repaired, TalkAll will immediately inform customers of this. This limitation of liability applies whether the alleged liability is based on an agreement, tort, negligence, strict liability, or otherwise, even if TalkAll has been advised of the feasibility of such damages. Disclaimers, exclusions, and limitations of liability under this agreement do not apply if set forth in applicable law.
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