Talkable Self-Service Terms of Service

1. Scope

These terms are between you and Curebit Inc., dba Talkable (“Talkable”, “we”). They cover our self-service campaign tools, including dashboards, apps, APIs and AI features (the “Service”), on free or paid plans. Campaign participants use separate participant and merchant offer terms.

Enterprise services require a separate agreement; contact sales@talkable.com for contractual service levels, dedicated support or negotiated terms. That agreement governs its specified services or accounts unless it incorporates these terms.

2. Accounts and agents

Accept these terms at sign-up, account creation or claim, or before other use. You must be an adult authorised to bind any business you represent. Keep credentials secure and contact details current. You are responsible for authorised users, representatives and software agents.

An agent’s operator must accept before first use, including on unclaimed sites, and remains responsible for its actions. An agent cannot bind another business without authority.

You may claim personally or through an authorised representative or software agent. Before claiming, review existing campaigns and outstanding rewards. Acceptance and claim make you responsible for the site and its setup going forward, including moves into an existing account; the operator remains responsible for earlier actions.

3. Plans and upgrades

You may run live commercial campaigns within your plan’s features and limits, including on free plans when offered.

You pay for plans and features you select under billing, renewal and cancellation terms disclosed before purchase. Recurring subscriptions authorise stated renewal charges until cancellation. We notify you of price changes before they take effect and obtain required approval.

Upgrades carry over your account, programs and data, subject to mandatory deletion. Cancel under your plan’s process; contact support@talkable.com for help or closure.

4. Campaigns and rewards

You, our AI features or your agents may configure and change campaigns. You are responsible for your use of the Service and campaigns run on your behalf, including instructions, permissions, content and rules. Review settings before launch and monitor automated activity.

Rewards include discounts and incentives in any form. They are your business’s offers; you bear their costs and fulfil them under applicable offer terms and law. Talkable administers rewards without funding them and may create, issue, deliver, adjust or void them within your instructions and permissions. Claims that our errors caused additional reward costs remain subject to section 8.

You authorise configured campaign messages on your behalf. Obtain required rights, notices and consents for data and recipients; comply with law, identify your business and honour opt-outs. A referral alone is not consent. Do not use purchased or scraped contact lists.

5. Content and data

You retain rights in your content and data and permit us and our providers to process them to operate, secure and support the Service, including AI features. We claim no ownership of your generated campaign content; it may not be unique or protectable. We retain rights in the Service and permit its use under these terms.

You permit us to create and use lawfully de-identified campaign data, non-personal campaign content and usage statistics to analyse performance across the Service, develop features, and train or improve our models. Personal-data uses for these purposes or for offers across merchants require the applicable disclosures, lawful basis and permissions. This licence remains subject to data-processing agreements and platform restrictions.

Our Privacy Policy: https://www.talkable.com/privacy. For participant data processed on your behalf, you are controller and we are processor. The applicable data-processing agreement governs. We use reasonable security measures.

6. Acceptable use

Do not use or let others use the Service for unlawful, infringing, fraudulent or abusive content or activity, spam, malware, unauthorised access or disruption. Do not abuse resources or evade limits or restrictions through accounts, agents or otherwise.

If we reasonably suspect a breach of these terms or risks to users, systems, message delivery or legal compliance, we may investigate, remove or disable content, limit use, and suspend or terminate access immediately, without prior notice except as required by law or applicable platform terms.

7. Changes and ending use

We may change, limit, suspend or discontinue any part of the Service or its plans at any time, making reasonable efforts to notify you of significant changes. We may close accounts; you may request closure. If we discontinue your paid service or close your account for our convenience, we refund prepaid subscription fees for the unused period. Outstanding payment and reward obligations remain. Keep data copies; retention and deletion follow the applicable processing agreement and Privacy Policy.

We give advance notice of material terms changes and their effective date through the Service or account contacts, except for urgent legal or security reasons. Continued use afterwards accepts them; otherwise stop using the Service. Separate consent requirements still apply.

8. Warranties and liability

The Service is “as is” and “as available”. Where lawful, we disclaim warranties, including merchantability, fitness for a particular purpose and non-infringement. We promise no uptime, support level, error-free operation, message delivery, AI accuracy or business results.

Where lawful, we are not liable for indirect or consequential losses or lost profits, revenue or data. Our total liability for the Service or these terms is limited to the greater of US$100 or Service fees you paid in the twelve months before the event giving rise to the claim. These limits apply only as permitted by law.

9. General

California law governs; disputes go to state or federal courts in San Francisco. Unenforceable provisions leave the remainder effective. Accrued obligations, data-processing duties, ownership, liability limits and this section survive termination. The section 5 licence survives for lawfully de-identified data and models, subject to its restrictions, deletion duties and any later agreement. Questions or notices: support@talkable.com.