Terms and conditions
Talers proposes services and softwares designed to boost writers productivity in an enjoyable manner.
Please read these Terms and Conditions and End-User License agreement carefully before downloading or using any Talers service, product, material, or software.
By downloading or using any Talers material, software, or services, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this agreement, do not download, and or use any Talers component.
We recommend that you try the free version of Talers before subscribing, to ensure that the software satisfies your requirements.
1. Your agreement with Talers
Talers offers a writing software that is more fully described at the following link: https://talers.io. This agreement provides the rules under which you can use the Talers writing application. You own everything that you create on our site and nothing in this agreement or elsewhere gives Talers any rights in your work, therefore you are fully responsible for everything your work contains. We own Talers softwares and website. Outside of very rare circumstances, such as when you might ask us for support on a particular item, Talers will not review the work you are creating. It is your responsibility to keep an up-to-date copy of your work at all times. Talers will endeavor to maintain your work and to keep a backup copy, however, Talers has no responsibility if its systems fail and your work or any portion of it is lost.
This document sets forth your complete legal agreement with Talers, its affiliates, agents, and employees regarding your use of the component parts of the software and website. Any and all such use will be subject to these Terms and Conditions.
Talers may change this agreement at any point and in any manner which it sees fit. If the agreement is changed, Talers will post a new version on its website and you will be asked to accept the new agreement before continuing to use the software. However, Talers will not alter any provision so as to give it any rights in the work you submit to it.
3. Acceptance of Terms
You cannot use Talers softwares if you do not agree to the Terms. You accept the Terms by either selecting “I agree” to these Terms, and or by using the software in any way such as downloading or uploading any materials or programs made available by Talers by you or any other person, or by merely perusing, browsing or testing Talers softwares.
You must not use Talers softwares if you are either: (1) prohibited by law from using or receiving Talers softwares; or (2) you are not fully competent or capable of entering into a binding contract with Talers, such as if you are not of legal age and also do not have parental consent. By selecting I Agree or using any component of Talers softwares, you affirm that you are not legally prohibited from using Talers softwares and that you are competent to enter this agreement and you are over the age of eighteen. You acknowledge that Talers's services, programs, and materials are not intended for children under the age of eighteen.
The Talers products, services, softwares, logos, and materials are the sole property of Talers. The components of Talers softwares are proprietary and protected as Talers's intellectual property. Except as expressly provided in the Terms, Talers does not grant any rights to use Talers softwares. All rights, interests, and title to Talers's products, services and materials throughout the world, are and will continue to be the exclusive property of Talers and nothing in the Terms will be construed to confer any license or right, by implication, or otherwise, under copyright or other intellectual property rights, to you or any third party, except as specifically provided in the Terms. As noted above, however, our ownership of our products and services does not give us any rights in the works you create using Talers softwares.
Except as we specifically permit in this agreement, you are not allowed to use any Talers trademark, logo, or any other identifiable form of Talers products, services or materials unless prior consent of Talers has been granted.
Talers grants you a revocable, non-exclusive, non-transferable, limited right to use the Talers services and softwares solely on devices owned or controlled by You, and to access and use Talers softwares on such devices strictly in accordance with this agreement.
You shall use Talers softwares strictly in accordance with the terms of this agreement and shall not attempt to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt Talers softwares; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from any Talers software including its software; (c) violate any applicable laws, rules or regulations in connection with your access or use of the software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Talers or its affiliates, partners, suppliers or licensors; (e) use the software for any purpose for which it is not designed or intended; (f) distribute the software on multiple devices; (g) make the software available over a network or other environment permitting access or use by multiple devices or users at the same time; (h) use the software for creating derivative software or a service designed to compete with Talers; (i) use the software to send automated queries to any website or to send any unsolicited commercial e-mail; (j) have third-party software send automatic requests to the software or create any type of data pull from Talers; (k) use any proprietary information or interfaces of Talers or other intellectual property of Talers in the design, development, manufacture, licensing or distribution of any softwares, accessories or devices for use with the software; or (l) use Talers softwares for any illegal, fraudulent, misleading, threatening, harassing, or disruptive purposes.
6. Infringement Acknowledgement
You and Talers acknowledge and agree that, in the event of a third-party claim that your possession or use of Talers softwares infringes any third party's intellectual property rights, Talers will have sole responsibility for and complete discretion to control any investigation, defense, settlement, and/or discharge of any such claim of intellectual property infringement. Talers shall have the unlimited right to resolve any claim as it sees fit. You will, however, promptly notify Talers in writing of such a claim.
All material you create using Talers softwares will be your own original work or work that you have written permission to use. The material you submit will not: contain any matter which is defamatory, obscene, unlawful, or violates the intellectual or other property rights of any person or entity; infringe on the rights of privacy, publicity, or likeness of any individual; include any malicious code however described including any virus, worm, ransomware, Trojan horse, time bomb, or back door. In the event of a third-party claim that you have done something in violation of this section, you will have sole responsibility for the investigation, defense, settlement, and discharge of any such claim. Talers will promptly notify you in writing of such a claim.
7. Termination or Suspension of Use
Talers may modify or discontinue, temporarily or permanently, any of its services, or any portion thereof, with or without notice. You agree that Talers shall not be liable to you or anyone else if we do so. Upon the termination of this agreement, You shall cease all use of any of the Talers services. It is your responsibility to maintain a copy of your work at all times. Talers will exert commercially-reasonable efforts to maintain your work at all times and to provide you access to it. In an emergency situation, especially one which threatens Talers softwares's operation or the rights of other users, Talers may temporarily suspend your access until the emergency is resolved. Talers will use all commercially-reasonable methods to resolve an emergency as promptly as possible.
8. Payment Terms and Conditions
Your payments to subscribe to Talers services will be made through a third party. We do not obtain any information about your payment method such as your credit card number, bank account number, or debit card number. You are responsible for paying all taxes levied in connection with your use of Talers services. You are responsible for any fees charged by a third party. Your ability to access Talers services may require payment of third-party fees (such as fees to mobile carriers, telephone fees, internet service provider fees, data plan charges, etc.). Talers has no connection to or responsibility for such fees.
9. Disclaimers and Warranties
YOU ACKNOWLEDGE AND AGREE THAT TALERS SERVICES AND SOFTWARES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND SOFTWARES AS WELL AS ANY THIRD PARTY CONTENT AND/OR SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. TALERS AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, TALERS, AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES, SOFTWARE, OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE TALERS SYSTEM WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE TALERS SYSTEM OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALERS OR FROM THE TALERS SYSTEM SHALL CREATE ANY ADDITIONAL WARRANTY.
Talers is not responsible for the performance, accuracy, or fulfillment of any third-party service. If the terms between the third party and Talers change, Talers is not obligated to maintain the results from that service and is not required to continue to provide any benefit or data that was created from the third party, though this will not extend to you losing access to data that you have submitted directly to Talers softwares, such as the content of your work.
10. Limitations of Liability
Under no circumstances shall Talers or its affiliates, partners, suppliers, or licensors be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your access or use of or inability to access or use Talers softwares and/or any third party content and/or services, whether or not the damages were foreseeable and whether or not Talers was advised of the possibility of such damages. Without limiting the generality of the foregoing, Talers's aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount you paid for Talers softwares. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
11. Account Information
You are neither required nor obligated to provide Talers with any feedback, ideas, suggestions or proposals. However, if you do submit any of the those things, Talers may use the information for any purpose without compensation to you.
13. Links to Other Sites
The products, materials and services of Talers may include links that will take you to websites or services not operated by Talers. Whether the link was provided by Talers as a courtesy, or whether it was posted by a third-party provider with Talers's cooperation, Talers has no control over non-Talers websites, goods, or services. You agree that Talers is not responsible for the availability or contents of any website, third-party product, or services that it does not operate.
In some cases, the links to other third-party services or websites may use an affiliate link. Therefore, any link you click on an Talers product, material, or software should be assumed to be an affiliate link. This user agreement serves as your indication of such a thing since every link cannot be operationally made to dictate whether it is not an affiliate link. Talers has the right to choose whether or not it will use affiliate links or associate links and as the user you agree to such in the software, material, or products on Talers.
14. Resolution of Disputes
You agree that any claim or dispute you may have against Talers must be resolved by a court located in France. You agree to submit to the personal jurisdiction of those courts. You agree that prior to filing any legal action against Talers you will first meet with a representative of Talers in person or by phone conference and mutually seek a good faith resolution of the dispute. Arbitration may be required by additional terms of services you use. We will work in good faith to resolve any dispute directly between use. You hereby promise not to institute or participate in any class action against Talers.
Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of Talers softwares in violation of this agreement you agree that Talers shall be entitled to apply for emergency relief such as an injunction or temporary restraining order (or an equivalent type of urgent legal relief) in any jurisdiction.
15. Notices and Miscellaneous
Any notice provided to Talers pursuant to the Terms should be sent through regular mail at: Talers SAS, 98 bis quai de la fosse, 44100 Nantes, France
Talers may provide you with notices, including those regarding changes to the Terms, by email, regular mail or within Talers softwares, or other reasonable means.
The Terms constitute the entire agreement between Talers and you with respect to your access to or use of Talers softwares and supersede any prior agreements between you and Talers on such subject matter.
You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Talers's written consent. Talers's rights under the agreement are transferable by Talers.
If for any reason a court of competent jurisdiction finds any provision of this agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the agreement shall continue in full force and effect.
Any failure by Talers to enforce or exercise any provision of the agreement, or any related right, shall not constitute a waiver of that provision or right.
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of Talers softwares.
If you do not agree with the terms, do not use the services, website or softwares offered by Talers SAS.