HomieTalk - Terms of Use
Last updated and effective date: 5 August 2024
Subject to these Terms of Service (this "Agreement"), homietalk.com ("HomieTalk", "we", "us" and/or "our") provides access to HomieTalk's cloud platform as a service (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
1. Acceptance of Terms
By signing up and using the services provided by HomieTalk (referred to as the "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The Service is owned and operated by HomieTalk ("Us", "We", or "Our").
2. Description of Service
HomieTalk provides a review collection, management, and embedding service for developers ("the Product"). The Product is accessible at homietalk.com and other domains and subdomains controlled by Us (collectively, "the Website").
3. Fair Use
You are responsible for your use of the Service and for any content that you post or transmit through the Service. You may not use the Service for any purpose that is illegal or infringes upon the rights of others. We reserve the right to suspend or terminate your access to the Service if we determine, in our sole discretion, that you have violated these Terms of Service.
4. Intellectual Property Rights
You acknowledge and agree that the Service and its entire contents, features, and functionality are owned by Us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
5. Changes to these Terms
We reserve the right to revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. However, we will notify you of any material changes at least 30 days prior to the change by email or by posting a notice on our website. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.
6. Data Protection and Privacy
By using the Services, you agree to our collection, processing, and storage of your personal data in accordance with our Privacy Policy, which complies with international regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We will not process your personal data without your explicit consent, and you retain the right to access, rectify, delete, and restrict processing of your data. Our Privacy Policy is available at [link to your privacy policy].
7. Consumer Rights (EU & US)
If you are a consumer located in the European Union or the United States, you may have additional rights, including the right to withdraw from the contract within 14 days of purchase without giving any reason. You also have rights regarding refunds, cancellations, and warranties as provided under applicable law. For more information, please review your local consumer protection laws.
8. Disclaimer of Warranties
THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DAMAGES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SUCH AS DAMAGES CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
10. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of Germany. Any disputes arising out of or related to these Terms will be subject to the exclusive jurisdiction of the courts located in Germany, except where local law provides otherwise for consumer protection purposes.