Terms of service

Agreement

These Terms of Service ("Terms") are an agreement between you and Nactus Technologies Pvt Ltd, the company that runs Talkwish ("Talkwish," "we," "us," "our"). They apply when you use our website (talkwish.com), the Talkwish web app, our iPhone, Android, Windows and Mac apps, and the phone numbers, calling and texting we provide (together, the "service").

By creating an account or using the service, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use Talkwish.

Please read the Emergency calling section carefully. It explains important limits on calling 911 with Talkwish.

These Terms, together with our Privacy Policy and the plan details shown when you sign up, are the whole agreement between you and us about the service. If any part of these Terms can't be enforced, the rest still applies. If we don't enforce a part right away, we can still enforce it later. You may not transfer your account or these Terms to anyone else. We may transfer them as part of a merger, acquisition or sale of assets.

Eligibility and your account

To use Talkwish, you must:

• be 18 or older;
• live in a country where we offer service, currently the US and Canada;
• be able to enter into a binding contract and not be barred from using the service by law; and
• give us accurate information and keep it up to date.

Accounts are personal. Each account is for one person. You may use it for personal calls or for your own small business, but you may not share your login, let other people use your account, or sell or transfer it.

You're responsible for keeping your password and devices secure and for activity under your account. If you think someone else has gotten into your account, change your password and email support@talkwish.com right away.

The service

Talkwish gives you a US or Canada phone number for making calls and sending texts (SMS) and picture messages (MMS) over the internet, using voice over IP (VoIP) and WebRTC technology. You can use it from the web app and, as they become available, from our iPhone, Android, Windows and Mac apps.

Depending on your plan, features include voicemail, voicemail transcription, call recording, call forwarding, number blocking, call history, and a dashboard for your recordings and billing. See our pricing page for what each plan includes. Voicemail transcripts are created automatically and may contain mistakes.

Talkwish needs a working internet connection. Call quality and reliability depend on your internet connection, device and power, and on the networks your calls and messages pass through. Talkwish is not a traditional phone line and doesn't work like one in every way.

Emergency calling

Where we offer emergency calling, you must keep your registered address current. Your registered address is the physical address where you use Talkwish. Emergency services may use it to send help, so update it every time you move or start using Talkwish somewhere new. If it's wrong, help may be sent to the wrong place.

If emergency calling isn't available on your account or app, you can't use Talkwish to reach 911. Even where it is available, an emergency call may take longer to connect than on a traditional line, so be ready to tell the dispatcher your phone number and location right away. Don't rely on texting to reach emergency services, because text-to-911 may not be available.

Make sure everyone in your home, and anyone else who might use your device or account, knows these limits.

To the extent the law allows, Talkwish and our service providers are not liable for emergency calls that fail, are delayed, are routed to the wrong place, or don't send the right location or callback number.

Phone numbers

• You don't own your number. We assign it to you while you're subscribed. Phone numbers are managed by carriers and regulators, and you don't get any ownership or property rights in a number.
• After you cancel, we hold your number for 30 days. After that, it may be released and assigned to someone else, and we may not be able to get it back for you.
• Moving your number to another provider (porting) may be possible. Email support@talkwish.com to request it, and do so before you cancel or within the 30-day hold, because a released number can't be ported.
• We may reclaim a number that's used for spam, fraud or other abuse. We may also need to change a number if a carrier or regulator requires it. If we change your number for a reason that isn't your fault, we'll give you a replacement and tell you in advance where we can.
• A number assigned to you may have belonged to someone else before, so you may occasionally get calls or texts meant for them.

Plans, billing and payment

Our current plans, what they include and our pay-as-you-go rates are on our pricing page.

• Subscriptions. Plans are billed monthly in US dollars through Stripe, our payment processor. Your plan renews automatically every month, and we charge your payment method at the start of each billing period until you cancel. If you live in Canada, you're charged in US dollars, and your bank or card issuer may add currency conversion fees.
• Canceling. You can cancel at any time. Your service continues until the end of the period you've already paid for, and you won't be charged again.
• Refunds. We don't give refunds or credits for partial months, except where the law requires.
• Prepaid credit. Usage beyond your plan, such as extra calling minutes, texts and picture messages, is paid from prepaid credit at the rates on our pricing page. Credit is non-refundable and non-transferable, except where the law requires.
• Taxes and fees. Taxes and telecommunications fees may apply, and they'll be added to your charges where required.
• Price changes. We may change our prices. We'll give you at least 30 days' notice before a change affects you, and you can cancel before it takes effect if you don't want to pay the new price.
• Payment. You authorize us and Stripe to charge your payment method for your plan, credit top-ups, taxes and fees. Please keep your payment details current. If a payment fails, we may retry it and may limit or suspend your service until it's paid.
• Billing questions and chargebacks. If you think a charge is wrong, email support@talkwish.com and we'll work with you to fix it. If you file a chargeback, we may suspend your account while it's resolved.

Fair use

"Unlimited" plans are for normal personal and small-business conversations by one person. They aren't meant for every possible use. These are not allowed on any plan:

• autodialers, robocalls or prerecorded voice messages;
• call center or telemarketing operations;
• reselling the service or providing it to other people;
• bulk or automated messaging, including texts sent by software or scripts;
• using the service as a permanent conference bridge, or keeping lines open around the clock; and
• unusual patterns that indicate abuse, such as large numbers of very short calls or messages to many different numbers.

If your use is far above what's typical for our customers, or looks like one of the uses above, we may contact you about it, move you to a plan that fits your use, or limit or suspend your account.

Acceptable use

You must follow all laws when you use Talkwish, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Canada's anti-spam legislation (CASL), and the CRTC Unsolicited Telecommunications Rules. You may not use Talkwish to:

• send spam, or make marketing calls or texts to people who haven't given the consent the law requires;
• harass, threaten, stalk or bully anyone;
• commit fraud, run scams or phishing, or trick people into handing over money or information;
• spoof caller ID, or otherwise send false or misleading caller ID or sender information;
• impersonate any person, business or government agency;
• send or store illegal content, or content that violates other people's rights;
• send malware, viruses or harmful links;
• interfere with or disrupt our network, systems or other users, or try to get around our security, usage limits or blocking features;
• verify accounts on other services in bulk, or create accounts elsewhere with Talkwish numbers to get around their rules; or
• help or allow anyone else to do any of these things.

Respect opt-outs. If someone asks you to stop calling or texting them, including by replying STOP, you must stop.

We may investigate suspected violations, block calls or messages, and suspend or close accounts. We may also report illegal activity to law enforcement and work with carriers and authorities to trace and stop illegal calls and texts.

Call recording and consent

Some plans let you record calls. Talkwish only records a call when you start a recording, and you're responsible for following all recording and wiretap laws that apply to your calls.

• Some US states require everyone on the call to agree before it's recorded. In Canada, privacy laws may also require you to tell people and get their consent, especially on business calls.
• When the people on a call are in different places, the stricter law may apply.
• Tell people when you're recording, and get their consent wherever it's required. When in doubt, ask everyone on the call before you start.

We can't give you legal advice about recording laws. If you're not sure what applies to you, check with a lawyer.

Texting and messages

• Delivery isn't guaranteed. Texts and picture messages pass through other carriers, which may filter, delay or block messages, especially ones that look like spam or marketing.
• Some short codes and verification codes may not work. Some banks, apps and other services don't send texts to internet-based numbers or don't accept them for verification. Check before you rely on your Talkwish number to sign in to important accounts.
• Picture messages have size limits. Very large photos or files may not send, and carriers may resize them.
• If someone replies STOP to a text from your Talkwish number, carriers or our providers may automatically block further texts from your number to theirs.

Texts we send you

We send texts about your account, such as verification codes, security alerts and billing notices. Reply STOP to opt out of non-essential texts, or HELP for help. Message and data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your mobile information.

Your content

"Your content" means the texts, picture messages, voicemails, transcripts, recordings, greetings and anything else you send, receive or store with Talkwish.

• You own your content. We don't claim ownership of it.
• You give us permission (a limited, non-exclusive, royalty-free license) to store, process, transmit and display your content only as needed to provide and protect the service, for example to deliver your messages, show them on your devices and transcribe your voicemails.
• You're responsible for your content and for having the right to send it.
• Keep your own copies of anything important. You can delete content at any time, and we delete it as described in our Privacy Policy, including after you close your account.

If you send us feedback or ideas, we may use them to improve Talkwish without owing you anything.

Privacy

Our Privacy Policy explains how we collect, use and share your information, and it's part of these Terms. We don't sell your personal information. Questions about privacy can go to privacy@talkwish.com.

Third-party services

Talkwish relies on other companies to work, including phone carriers and Twilio to carry calls and messages, Stripe to process payments, and Apple and Google for our mobile apps and their push notifications. Their services have their own terms. Except where the law says otherwise, we aren't responsible for services we don't control, including their outages.

If you download our apps from an app store, such as the Apple App Store or Google Play, that store's terms also apply to your download. The service may also link to other websites, which we don't control and aren't responsible for.

Changes and availability

We're always improving Talkwish, so we may add, change or remove features. We may also release app updates that you need to install to keep using the service. If we remove a major feature of your paid plan, we'll tell you in advance, and you can cancel.

We work hard to keep Talkwish running, but we can't promise it will always be available or free of errors. The service may be interrupted by maintenance, problems at our providers or carriers, internet outages or events beyond our control.

Suspension and termination

You can cancel your plan at any time, and you can ask us to delete your account by emailing support@talkwish.com.

We may suspend, limit or close your account, or reclaim your number, if:

• you break these Terms, including the fair use and acceptable use rules;
• a payment fails or you file a chargeback;
• we need to in order to protect Talkwish, our users, carriers or the public, for example to stop spam, fraud or abuse;
• the law, a court, a regulator or a carrier requires it; or
• we stop offering the service.

Where it's reasonable, we'll tell you before we act and give you a chance to fix the problem. We may act right away when there's a risk of serious harm, such as fraud, spam or a threat to someone's safety, or when the law requires it.

When your account ends, your right to use the service ends, your number is handled as described in Phone numbers, and your content is deleted as described in our Privacy Policy. Parts of these Terms that are meant to last, such as amounts you owe, disclaimers, limitation of liability, indemnity and disputes, continue to apply.

Disclaimers

To the extent the law allows, Talkwish is provided "as is" and "as available." We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't promise that the service will be uninterrupted, secure or error-free, that every call will connect, or that every message will be delivered.

Some places don't allow these disclaimers, so some of them may not apply to you. If you're a consumer, you may have rights under your local law that these Terms can't change.

Limitation of liability

To the extent the law allows:

• Talkwish and our service providers are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, even if we were told they were possible.
• Our total liability for all claims relating to the service or these Terms is limited to the greater of (a) the amount you paid us in the 12 months before the claim arose, or (b) US$50.

These limits apply whatever the legal theory of the claim. Nothing in these Terms limits liability that the law doesn't allow to be limited.

Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless Talkwish and our officers, employees and service providers from any claims, losses, damages, fines and costs (including reasonable legal fees) that arise from your content, your breach of these Terms, or your violation of any law or anyone else's rights, including telemarketing, anti-spam and call recording laws.

In plain terms: if your use of Talkwish gets us into legal trouble, you're responsible for it. We'll let you know promptly about any claim this covers.

Disputes and governing law

Talk to us first

If you have a problem with Talkwish, please email legal@talkwish.com first, describing the issue and what you'd like us to do. We'll both try in good faith to resolve it informally within 30 days before either of us starts a formal legal proceeding. This doesn't stop either of us from asking a court for urgent relief, for example to stop ongoing abuse of the service.

Small claims

If we can't resolve it, either of us may bring a claim in small claims court, where the claim qualifies.

Governing law

These Terms are governed by the laws of the State of Delaware and by applicable US federal law, without regard to conflict of law rules.

If you live in Canada, the mandatory consumer protection laws of your province or territory still apply to you, and nothing in these Terms takes away the rights they give you. The same is true for consumer protection laws in your US state that can't be waived by contract.

Changes to these terms

We may update these Terms from time to time. When we do, we'll post the new version on this page and update the "Last updated" date at the top. If a change is significant, we'll notify you by email or in the app at least 30 days before it takes effect, unless a law or regulator requires the change sooner.

If you don't agree to a change, you can cancel before it takes effect. If you keep using Talkwish after it takes effect, you accept the updated Terms.

Contact

• Help with your account or billing: support@talkwish.com
• Privacy questions and requests: privacy@talkwish.com
• Legal notices and disputes: legal@talkwish.com

Mail for legal notices:

We'll send notices to you at the email address on your account, so please keep it up to date.