Terms of Service
Last Updated: January 30, 2026
Welcome to TalkViaLink. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," "user") and TalkViaLink ("we," "us," "our," "Company," "platform") governing your access to and use of the TalkViaLink website located at www.talkvialink.com (the "Site") and all related services, features, content, and applications offered by TalkViaLink (collectively, the "Services").
By accessing, browsing, registering for, or using any part of the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Community Guidelines, Privacy Policy, Prohibited Content Policy, DMCA Policy, and 18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement, all of which are incorporated herein by reference. If you do not agree to these Terms in their entirety, you must not access or use the Site or Services.
0. Definitions
For purposes of these Terms of Service, the following definitions apply:
"Account" means a user account created on the TalkViaLink platform, whether as a Chat Buyer or Chat Seller.
"Chat Buyer" or "Buyer" means a registered user who purchases credits and uses those credits to access services provided by Chat Sellers.
"Chat Seller" or "Seller" means an independent contractor who offers and provides paid communication services through the Platform, including video calls, voice calls, text messaging, and other services.
"Company," "TalkViaLink," "we," "us," or "our" means TalkViaLink and its affiliates, officers, directors, employees, agents, and representatives.
"Content" means any information, data, text, messages, images, videos, audio, graphics, or other materials posted, uploaded, transmitted, or made available through the Site or Services.
"Credits" means the virtual currency used on TalkViaLink to pay for services, where one dollar ($1) equals one (1) credit.
"Platform" or "Site" means the TalkViaLink website located at www.talkvialink.com and all related services, features, content, and applications.
"Services" means all services, features, content, and functionality offered by TalkViaLink through the Platform, including but not limited to video calls, voice calls, text messaging, payment processing, and related services.
"Terms" or "Agreement" means these Terms of Service, including all incorporated policies such as the Community Guidelines, Prohibited Content Policy, Privacy Policy, and DMCA Policy.
"User," "you," or "your" means any person who accesses or uses the Site or Services, whether as a Chat Buyer, Chat Seller, or visitor.
"User Content" means any Content submitted, posted, uploaded, or transmitted by users through the Site or Services.
1. Description of Services
TalkViaLink is a digital platform that facilitates paid communication services between independent service providers ("Chat Sellers," "Sellers") and individuals seeking such services ("Chat Buyers," "Buyers"). The platform enables Sellers to offer video calls, voice calls, and text messaging services to Buyers in exchange for compensation. Sellers may set their own rates and billing structures, including per-minute charges, per-message fees, flat rates per session, scheduled appointments, and other flexible pricing models ranging from one dollar to fifty dollars per minute or per message.
TalkViaLink provides the technological infrastructure and payment processing systems that allow these transactions to occur securely within our platform. The Company acts solely as a digital intermediary and platform provider. We do not employ Sellers, we do not provide the actual consultation, coaching, advisory, educational, entertainment, or other services that Sellers offer, and we are not a party to the actual service agreements between Buyers and Sellers. TalkViaLink provides an online marketplace where independent contractors can connect with clients, but all services are provided directly by the Sellers themselves.
Buyers purchase credits through our secure payment system, which can then be used to access Sellers' services. Sellers can share their TalkViaLink profile links on social media, and utilize various marketing channels to attract clients. The platform is accessible from any device with internet access, including desktop computers, mobile phones, and tablets, without requiring any software downloads or application installations.
1.1 Entertainment and Informational Purposes Only
THE SERVICES PROVIDED THROUGH TALKVIALINK ARE FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL, FINANCIAL, THERAPEUTIC, OR OTHER LICENSED PROFESSIONAL ADVICE OR SERVICES.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, SUICIDAL THOUGHTS, OR BELIEVE YOU MAY BE A DANGER TO YOURSELF OR OTHERS, IMMEDIATELY CALL 911 OR YOUR LOCAL EMERGENCY SERVICES. DO NOT USE TALKVIALINK FOR EMERGENCY SERVICES.
You acknowledge and agree that:
- TalkViaLink is not a medical practice, legal firm, financial advisory service, or licensed therapy provider
- No Seller on the platform is acting as your licensed professional advisor unless they explicitly state valid credentials and operate within their licensed scope
- Any advice, guidance, or information provided by Sellers is their personal opinion and should not be relied upon as professional advice
- You are solely responsible for any decisions or actions you take based on interactions with Sellers
- TalkViaLink makes no representations about the qualifications, accuracy, or reliability of any Seller's services
2. Eligibility and Age Requirements
2.1 Minimum Age Requirements
You must be at least eighteen (18) years of age to create an account, access, or use any part of TalkViaLink. If you reside in the states of Alabama, Mississippi, Nebraska, or Wyoming within the United States, you must be at least twenty-one (21) years of age to use the Site or Services. These age requirements apply to all users, whether registering as a Chat Buyer or Chat Seller.
By creating an account or using the Services, you certify under penalty of perjury that you are at least eighteen (18) years of age, or twenty-one (21) years of age if you reside in Alabama, Mississippi, Nebraska, or Wyoming, and that you have reached the age of majority in your jurisdiction of residence. You further certify that you are knowingly and voluntarily choosing to access the Site, that you may encounter content of a potentially adult or sexually explicit nature, and that you are knowingly and voluntarily choosing to view such content.
2.2 Verification Rights
TalkViaLink reserves the right to verify your age, identity, and eligibility at any time through various methods, including but not limited to requesting government-issued identification documents, conducting biometric verification processes, reviewing payment method information, and analyzing account usage patterns. Failure to provide requested verification information or providing false, misleading, or fraudulent information will result in immediate account suspension or termination.
For Chat Buyers, age verification may be required where legally mandated. Currently, this includes users residing in Arkansas, Virginia, Mississippi, Utah, Louisiana, and Texas. If you reside in one of these states, you may be required to complete age and identity verification before accessing certain content or features on the platform.
2.3 Prohibited Locations and Jurisdictions
You may not access or use TalkViaLink if you are located in any region, country, or jurisdiction where such access would violate any applicable law, regulation, rule, or ordinance. If you are in a region where adult content, paid communication services, or similar platforms are prohibited by law, you must not use the Site or Services. TalkViaLink reserves the right to block or restrict access to the Site from any country or region at our sole discretion. We are not liable for any inability to access the Site due to geographic restrictions, legal prohibitions, or technical limitations.
2.4 Adult Content Warning and Acknowledgment
Certain parts of the Site may contain content of an adult or sexually explicit nature. By accessing and using TalkViaLink, you acknowledge and agree that you may encounter content including but not limited to graphic language, sexual discussions, nudity, and other adult-oriented material. You represent and warrant that you are voluntarily choosing to access such content, that you believe viewing such content is your legal right, that you do not find such content offensive or objectionable based on your personal beliefs, and that you are familiar with and understand the standards of your community regarding such material.
You further represent that you have not notified any governmental agency, including the United States Postal Service, that you do not wish to receive sexually oriented materials. You understand that if you do not meet the age requirements specified in this section, if you do not wish to be exposed to adult content, or if viewing such content would violate the laws of your jurisdiction, you must immediately cease using the Site and Services and leave the website.
You agree that you will not share, distribute, or allow any minor (any person under eighteen years of age, or under twenty-one years of age in applicable jurisdictions) to access, view, or interact with any content on TalkViaLink. You acknowledge that the content on this Site is intended for personal use by adults only and that you believe accessing such content does not violate the community standards of your locality.
3. Account Registration and Responsibilities
3.1 Registration Requirements
To use the Services, you must create an account by providing accurate, complete, and current information. During the registration process, you will be required to provide your full name or alias, email address, phone number, country of residence, date of birth, and other information necessary for account creation and verification purposes.
You certify that all information you provide during registration and at all times thereafter is true, complete, accurate, and up-to-date. Providing false, incomplete, outdated, or misleading information will result in your not being permitted to use the Site or participate in chat exchanges and may subject you to civil or criminal liability under applicable laws. You are responsible for maintaining the accuracy of your account information and must promptly update any changes to your personal details, contact information, or payment information through your account settings.
By creating an account, you represent and warrant that:
- You are not located in, under the control of, or a national or resident of any country subject to United States embargo or that has been designated by the United States Government as a "terrorist supporting" country
- You are not listed on any United States Government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List
- You will comply with all applicable export control and sanctions laws and regulations
- You will not use the Site or Services in violation of any export control or trade sanctions laws
TalkViaLink reserves the right to block or restrict access to the Site from any country, region, or IP address at our sole discretion to comply with applicable laws or for any other reason.
3.2 Account Security and Ownership
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any other access information. You must not share your account credentials with any other person or allow anyone else to access your account. You agree to immediately notify TalkViaLink through our contact form if you suspect or become aware of any unauthorized access to or use of your account.
You are fully responsible for all activities that occur under your account, whether or not you authorized such activities. TalkViaLink will not be liable for any loss or damage arising from unauthorized use of your account resulting from your failure to maintain the security of your account credentials.
Each account must be owned and operated by a single individual. You may not transfer, sell, or assign your account to another person or entity. You may not create multiple accounts for fraudulent purposes, to evade restrictions, or to circumvent account suspensions or terminations. Creating or maintaining multiple accounts may result in permanent termination of all associated accounts.
3.3 Username and Profile Requirements
Your username, display name, and profile must not infringe upon the intellectual property rights of any third party, including trademarks, copyrights, or other proprietary rights. You may not use a username or create a profile that impersonates another person, entity, or brand, or that misleads others about your identity or affiliation.
Usernames and profiles must not contain offensive, vulgar, hateful, discriminatory, or sexually explicit language that violates our Community Guidelines or Prohibited Content Policy. TalkViaLink reserves the right to require you to change your username or modify your profile if we determine, in our sole discretion, that it violates these Terms or any of our policies.
3.4 Authenticity and Verification Requirements
TalkViaLink is a platform for real human interaction. The use of artificial intelligence, chatbots, automated messaging systems, AI-generated profile images, AI-generated content, or any form of automation to simulate human communication is strictly prohibited. All interactions on the platform must be conducted by real, verified individuals. All profile photos, avatars, promotional graphics, and other images must depict real human beings and must not be AI-generated or digitally created representations.
You may not impersonate other people, including celebrities, public figures, company representatives, or other users. You may not create accounts using another person's identity, fake identity, likeness, or photos without proper authorization and consent. All interactions must be conducted personally by the verified individual behind the profile. Violations of these authenticity requirements will result in permanent account termination and blocking from the platform.
3.5 Account Inactivity and Dormancy
If your account remains inactive for three hundred sixty-five (365) consecutive days with no logins, account activity, or transactions, TalkViaLink reserves the right to classify your account as dormant.
For dormant accounts, we reserve the right to:
- Deactivate or delete your account without prior notice
- Deactivate any unused credits in your account (for Chat Buyers)
- Remove your profile from public listings (for Chat Sellers)
- Suspend your ability to receive new service requests or appointments (for Chat Sellers)
We may provide notice prior to deactivating dormant accounts, but we are not obligated to do so. It is your responsibility to maintain account activity if you wish to retain your account and any associated credits or profile information.
If you are a Chat Buyer, any unused credits in a dormant account may be deactivated after three (3) years of inactivity as described in Section 6.3.1.
If you wish to reactivate a dormant account, you may contact us through our contact form, and we will determine in our sole discretion whether to reactivate your account. We are not obligated to reactivate dormant accounts, and we make no guarantees about the restoration of any data, credits, or profile information from dormant accounts.
4. Roles and Relationship of Parties
4.1 Chat Seller Status and Independent Contractor Relationship
As a Chat Seller on TalkViaLink, you are an independent contractor providing services directly to Chat Buyers. No partnership, joint venture, employment relationship, franchise arrangement, or agency relationship exists between you and TalkViaLink. You have no authority to represent, bind, or speak on behalf of the Company except as expressly authorized in writing by TalkViaLink.
You are not eligible for any employee benefits provided by TalkViaLink, including but not limited to health insurance, retirement plans, paid time off, unemployment insurance, or workers' compensation. You acknowledge and agree that TalkViaLink exercises no control over the manner, means, or methods by which you perform your services, the content you create, or the schedule you maintain, except as necessary to ensure compliance with these Terms, applicable laws, and payment card network rules.
TalkViaLink does not verify, evaluate, endorse, or guarantee the qualifications, credentials, expertise, experience, or competence of Chat Sellers. Sellers may represent themselves as having certain qualifications, certifications, licenses, or expertise, but TalkViaLink makes no representations or warranties about the accuracy of such claims. If a Seller represents themselves as a licensed professional (such as a therapist, counselor, attorney, doctor, financial advisor, or other licensed practitioner), it is your responsibility to verify their credentials and ensure they are operating within the scope of their license and in compliance with applicable laws and regulations.
TalkViaLink is not responsible for any services provided by Sellers, and we do not supervise, direct, or control the manner in which Sellers provide their services. Any reliance you place on a Seller's qualifications or services is strictly at your own risk.
4.2 Tax Responsibilities and Reporting
As an independent contractor, you are solely responsible for all federal, state, local, and foreign taxes applicable to any income you earn through TalkViaLink. This includes but is not limited to income taxes, self-employment taxes, sales taxes, use taxes, value-added taxes, and any other taxes or fees arising from your earnings on the platform.
TalkViaLink will not withhold or pay income tax, Social Security tax, unemployment tax, disability insurance, workers' compensation, or any other payroll taxes on your behalf. You are responsible for determining what taxes apply to your earnings, maintaining accurate records of your income and expenses, and filing all required tax returns and making all required tax payments to the appropriate governmental authorities.
You agree to indemnify, defend, and hold harmless TalkViaLink from and against any and all taxes, penalties, interest, fees, costs, and expenses (including reasonable attorneys' fees) assessed against or incurred by TalkViaLink as a result of your failure to properly report or pay any taxes owed on your earnings. If TalkViaLink is required by law to issue tax forms such as IRS Form 1099 or similar documentation, you agree to provide all necessary information requested to enable such reporting.
4.3 Chat Buyer Role and Responsibilities
As a Chat Buyer on TalkViaLink, you purchase credits through our secure payment system to access services provided by Chat Sellers. You acknowledge that the Chat Seller who provides services to you is solely responsible for delivering those services and for the quality, legality, and appropriateness of such services. The Chat Buyer who purchases services from a Chat Seller is solely responsible for paying the fees associated with those services.
TalkViaLink acts only as a platform facilitator and payment processor. We are not a party to the service agreement between you and the Chat Seller. We do not guarantee the availability, quality, accuracy, reliability, or appropriateness of any services provided by Chat Sellers. Any disputes regarding services, content quality, or professional conduct should be addressed through our contact form, and we will review such matters in accordance with our policies, but we make no guarantees regarding the resolution of such disputes.
4.4 Platform Facilitation Role
TalkViaLink provides a digital environment and technological infrastructure that enables Chat Sellers and Chat Buyers to connect and conduct transactions. The Company's role is limited to operating the platform, processing payments, maintaining security systems, enforcing policies, and providing customer support. TalkViaLink is not responsible for the actual services provided by Sellers, the content of communications between users, or any outcomes resulting from interactions on the platform. All interactions, communications, and transactions must remain on the TalkViaLink platform. Users are strictly prohibited from attempting to take interactions, communications, or payments off the platform, as detailed further in these Terms.
5. Chat Seller Terms and Conditions
5.1 Seller Eligibility and Verification
All Chat Sellers must be at least eighteen (18) years of age, or twenty-one (21) years of age if residing in Alabama, Mississippi, Nebraska, or Wyoming, to offer services on TalkViaLink. Before being permitted to sell services or content on the platform, all Sellers must complete our comprehensive age and identity verification process.
The verification process includes submitting government-issued identity documents such as a driver's license, passport, or state-issued identification card, providing a live selfie for biometric analysis and facial recognition comparison to match your selfie photograph with your identity document photograph, and receiving a verification determination of either pass or fail. Sellers cannot access selling features, create service listings, or receive payments until they have successfully passed the verification process.
5.2 Section 2257 Certification and Compliance
All Chat Sellers must complete and submit a signed 18 U.S.C. § 2257 certification as part of the verification process. By submitting this certification, you certify under penalty of perjury that you have government-issued identification for yourself and informed, written consent from every person depicted in any content you upload or share on TalkViaLink.
You further certify that all individuals appearing in your content were at least eighteen (18) years of age at the time the content was created, and that you have verified the age and identity of each individual depicted using valid government-issued identification or equivalent legal documentation. You acknowledge that TalkViaLink, as the merchant of record, collects and retains all required documentation for each content provider, including government-issued photo identification, biometric and facial comparison data, age verification results and metadata, digitally signed 2257 certifications, and signed consent and release forms.
You certify that you maintain complete and accurate records for all submitted content, including government-issued identification documents, signed release or consent forms, and documentation verifying participant age. You agree that these documents will be provided upon request to TalkViaLink or to legal authorities to ensure compliance with platform policies, applicable laws, and regulatory requirements.
5.3 Content Rights and Consent Requirements
You certify that you have the legal right to upload, distribute, and publicly share all content you submit to TalkViaLink. You further confirm that all individuals featured in your content have provided informed, written consent to appear in the content, to allow public distribution of the content including uploading it to TalkViaLink, and to permit the content to be made available for viewing and, where applicable, downloading by Chat Buyers who purchase access to such content.
You confirm that you have reviewed and verified the identity of each individual featured in your content using valid government-issued identification or equivalent legal documentation. You certify that you have secured signed written consent or release from each identifiable individual featured in your content, authorizing the use of their name, image, voice, and likeness for display, public sharing, and download through TalkViaLink.
You acknowledge that providing false certifications or uploading content without proper consent, age verification, or legal authorization constitutes a serious violation of these Terms and may result in immediate account termination, forfeiture of all pending payouts, permanent ban from the platform, and potential reporting to law enforcement authorities.
5.4 Original Content and Plagiarism Prohibition
All profile content you create and submit to TalkViaLink must be original and created by you. You must use your own original profile descriptions, images, service descriptions, and profile content. Copying, reproducing, or replicating another Seller's content, profile elements, images, descriptions, or profiles is strictly forbidden and will result in immediate account closure and permanent ban from the platform.
You may not use copyrighted material, trademarked content, or intellectual property belonging to others without proper authorization and licensing. You may not impersonate other Sellers or create profiles that closely mimic or duplicate existing Sellers' branding, style, or content. TalkViaLink takes intellectual property rights seriously and maintains a zero-tolerance policy toward plagiarism and content theft.
5.5 Service Listings and Content Quality Standards
When creating service listings, chats, or promotional content on TalkViaLink, you must ensure that all content is relevant, accurate, high-quality, and appropriately categorized. You must not flood categories with duplicate listings or engage in spamming behavior. You must not post repetitive, irrelevant, low-quality, nonsensical, off-topic, or misleading content that does not accurately represent the services you are offering.
Content must be placed in the correct category and subcategory that accurately reflects the nature of your services. You must not post identical or substantially similar text, topics, or descriptions across multiple service listings. You must not copy and paste repetitive content throughout the platform. All service descriptions should be unique, informative, and clearly communicate what Chat Buyers can expect when purchasing your services.
You must not advertise competing services, attempt to redirect users to external platforms, or promote products or services unrelated to your offerings on TalkViaLink. Maintaining high-quality, relevant, and accurately categorized content helps create a better experience for all users and ensures the integrity and professionalism of the platform.
5.6 Prohibited Content and Conduct
All content you create, share, or communicate on TalkViaLink must comply with our Prohibited Content Policy and Community Guidelines, which are incorporated into these Terms by reference. You must familiarize yourself with these policies and strictly adhere to them at all times. Prohibited content includes but is not limited to any content involving, depicting, referencing, or suggesting the involvement of minors (anyone under eighteen years of age), incestuous themes including step-relations and in-law scenarios, non-consensual acts including depictions or discussions of rape, abduction, or forced intoxication, bestiality or animal imagery in sexual contexts, dangerous practices including blood play, knife play, needle play, fisting, and edgeplay, life-threatening content such as necrophilia, simulated death, or lasting harm, extreme fetishes including castration, toilet fetishes, and the use of racial slurs, and drug-related content including 420 culture, illegal substances, and drug paraphernalia.
You must not advertise services using language that suggests willingness to violate platform policies, such as "no limits," "no taboos," "anything goes," or "no restrictions." Such language implies openness to prohibited content and will result in immediate account termination regardless of whether prohibited content was actually provided.
All media you post, including images, videos, audio recordings, and other content, must feature only individuals who are at least eighteen (18) years of age with no exceptions. Content must not include children's items, toys, youthful imagery, or any references that could imply youth or underage themes. Misleading imagery, AI-generated depictions, or ambiguous appearances that could suggest underage individuals are strictly prohibited. Failure to comply with these content requirements will result in immediate account termination and may be reported to law enforcement.
5.7 Mandatory Content Pre-Screening
All content uploaded by Chat Sellers is subject to mandatory pre-publication review by TalkViaLink. This review process ensures that content complies with applicable laws, Card Brand Rules, our Prohibited Content Policy, Community Guidelines, and all other policies detailed in this Agreement. No content will be published or made accessible to Chat Buyers until it has passed this screening process.
TalkViaLink may employ content monitoring systems that combine automated content scanning technology with human moderation review. Our automated systems may scan uploaded content to detect potential violations, and our human moderation team may review flagged content and user reports to enforce our policies effectively. Content found to be in violation of any policy will not be published and may result in account restrictions or termination.
Even after initial approval, content may be subject to ongoing monitoring and review. If content is later determined to violate our policies or if we receive reports of policy violations, we reserve the right to remove such content immediately and take appropriate action against your account, which may include warnings, temporary suspension, or permanent termination depending on the severity and nature of the violation.
5.8 Seller Conduct and Prohibited Activities
As a Chat Seller, you must conduct yourself professionally, respectfully, and in accordance with all applicable laws and platform policies. You must not engage in harassment, stalking, threatening behavior, misleading practices, impersonation, spamming, scamming, or promoting unrelated services or content. You must not solicit or provide personal contact information in an attempt to take interactions off the platform.
You must not conduct payment transactions for testing purposes without prior written authorization from TalkViaLink. You must not engage in self-referral activities or create fake referrals for commission gains. You must not use your Chat Buyer account or instruct others to use their accounts to transact with your own Chat Seller account for the purpose of artificially inflating activity, earnings, reviews, or for any other improper purposes.
You must not open multiple Chat Seller accounts under different names or identities to evade restrictions, circumvent suspensions, or facilitate fraudulent activity. You must not use anonymizing tools such as proxy servers, VPNs, or similar technologies to hide your usage patterns, location, or identity, especially if done to evade detection of fraudulent or prohibited conduct.
You must cooperate with any TalkViaLink investigations and provide identity verification, age confirmation, banking information, or other requested documentation promptly when requested. Refusal to cooperate with investigations or failure to provide requested verification will result in account suspension or termination.
5.9 Payout Structure and Earnings
TalkViaLink provides payment processing and recordkeeping so that Sellers can receive earnings for services provided on the platform. Any earnings, fees, adjustments, refunds, chargebacks, promotional discounts, taxes/withholdings (where applicable), and other deductions or holds will be reflected in your account dashboard and transaction history. Sellers may issue refunds directly through the platform for credits spent on their services. Seller-issued or seller-attributed refunds may also create a separate refund processing fee equal to five percent (5%) of the refunded amount, which may be recovered from that Seller's future earnings.
Unless otherwise stated in the product experience, TalkViaLink applies a flat twenty percent (20%) platform fee to standard bookings and services completed through the platform.
If a booking is sourced through LaDevina or a LaDevina listing, an additional twenty percent (20%) fee may apply to that specific booking. This additional fee applies only to LaDevina-sourced bookings and does not apply to standard TalkViaLink bookings.
TalkViaLink may change fees, payout terms, payout methods, or payout rates from time to time. If applicable, the then-current payout terms will be reflected in the product experience and/or these Terms.
5.10 Payment Processing and Payout Timing
Payouts may be initiated by you (for example, by submitting a payout request) and/or generated periodically by the platform (for example, on a weekly payout cycle). Payouts are subject to review, fraud/risk controls, dispute/chargeback windows, and the processing timelines of third-party payout providers. As a result, payout timing may vary.
TalkViaLink may apply minimum payout amounts, holding periods, or other requirements from time to time. If a minimum applies, amounts below the minimum may roll over until the minimum is met.
For per-minute billing arrangements, time is rounded up to the nearest whole minute. For example, a call lasting two minutes and fifteen seconds will be billed as three full minutes. All calculations are made transparently and can be reviewed in your account transaction history.
5.11 Payment Holds and Withholds
TalkViaLink reserves the right to hold, delay, or withhold payouts without prior notice for transactions we believe might be subject to chargebacks, that appear high-risk or suspicious, or that raise concerns about legitimacy or compliance. Held funds will be released once the risk is adequately assessed and determined to be acceptable, or funds may be forfeited if a transaction is confirmed to be fraudulent, in violation of these Terms, or subject to a valid chargeback.
We may hold or delay payments if a Buyer's payment has not been fully settled by our payment processors, if there are concerns about the validity of transactions, if your account is under investigation for policy violations, if there are discrepancies in your verification information, or for any other reason we deem necessary to protect the platform, users, or ourselves from fraud, loss, or liability.
We reserve the right to withhold and cancel payment for any reason, including but not limited to suspected fraud, Terms violations, chargebacks, buyer disputes, content policy violations, failure to maintain accurate payout information, or closure of your account. If your Seller account is terminated, voluntarily closed, or suspended, you may forfeit any referral commissions that were accrued but not yet paid out at the time of termination or closure. Pending earnings may also be forfeited if your account is closed due to policy violations or for any other reason we determine warrants such action.
5.12 Chargeback Fees and Responsibilities
Chargebacks occur when a Chat Buyer disputes a charge with their credit card company or payment provider, resulting in the reversal of a transaction. You acknowledge that chargebacks are an inherent risk in online commerce and that no fraud prevention system is completely foolproof. While TalkViaLink employs advanced fraud detection and prevention systems to minimize chargebacks, they may still occur despite our best efforts.
If a chargeback occurs for a transaction involving your services, neither you nor TalkViaLink will receive payment for that transaction, and you forfeit the fee for that chat session or content sale. Additionally, TalkViaLink may deduct a chargeback fee of up to thirty-five dollars ($35) from your account balance to offset costs imposed by our payment processors or merchant banks when a chargeback occurs. This fee covers administrative costs, processor penalties, and the operational expenses associated with managing chargeback disputes.
TalkViaLink maintains a zero-tolerance policy toward Chat Buyers who abuse the chargeback process. We will take appropriate action against such buyers, including account termination and potentially pursuing legal action for fraud. By participating as a Chat Seller on TalkViaLink, you accept the inherent risks of internet-based transactions and agree that while we will endeavor to mitigate such risks, you assume the elevated risk of chargebacks as part of operating in the online services marketplace.
5.13 Payout Method Accuracy and Responsibility
You are solely responsible for providing and maintaining accurate payout information, including bank account details, routing numbers, account numbers, and any other information necessary to process payments. You must ensure that the name on your bank account or payout method matches the name on your verified Chat Seller account. Mismatched payment information may indicate misuse of another person's financial information and may result in account suspension or termination pending investigation.
TalkViaLink is not responsible or liable if payments are sent to incorrect accounts due to inaccurate information you provided. If a payout sent via electronic transfer is returned due to insufficient funds in the destination account, incorrect banking details such as wrong routing or account numbers, closed accounts, or other issues with your provided payout information, you are responsible for updating your information and any fees associated with failed transfer attempts may be deducted from your account balance.
You must maintain an active account in good standing to receive earned payouts. If you close your account, voluntarily or due to termination, pending payouts may be forfeited or subject to additional holds pending resolution of any outstanding disputes, chargebacks, or policy investigations.
If you voluntarily close your Seller account or if we close your account for reasons other than policy violations or fraud, any pending payouts may be processed in accordance with our standard payout schedule, subject to any holds or deductions for chargebacks, refunds, disputes, or other liabilities. However, we reserve the right to withhold or delay payment of pending earnings if we have reason to believe there may be chargebacks, disputes, or other issues that could result in losses to TalkViaLink.
If your account is terminated for policy violations, fraud, or any conduct that violates these Terms, you forfeit all pending payouts and you will not be entitled to any payment for unpaid earnings. This forfeiture provision applies regardless of the amount of pending earnings in your account at the time of termination.
5.14 Seller Expenses and Equipment
You are solely responsible for all costs associated with providing your services on TalkViaLink, including but not limited to the cost of computer equipment, mobile devices, cameras, microphones, internet service, software, workspace, and any other expenses necessary to operate your business. TalkViaLink does not provide any equipment, reimburse any expenses, or contribute to your operational costs. All business expenses are your sole responsibility as an independent contractor.
5.15 Account Suspension and Termination
TalkViaLink reserves the right to suspend, restrict, or permanently terminate your Chat Seller account at any time, with or without notice, and for any reason or no reason at our sole discretion. Specific circumstances that may lead to account suspension or termination include but are not limited to: Reports or evidence of unauthorized or unusual use of credit cards, payment accounts, or your Chat Seller account; conducting unapproved payment transactions for testing purposes; reports of unauthorized or unusual use of the bank account linked to your payouts; receipt of funds suspected to be fraudulent, stolen, or otherwise unlawful; unusually high numbers of missed chat requests, buyer disputes, refund requests, or credit card chargebacks; refusal to cooperate with TalkViaLink investigations or failure to provide identity verification or age confirmation upon request; sending unsolicited emails, spam, or posting referral links in prohibited locations; opening multiple Chat Seller accounts under different names or identities to evade restrictions or facilitate fraudulent activity; using a Chat Buyer account directly or indirectly to transact with your own Chat Seller account or instructing others to do so; using TalkViaLink's platform to advertise or solicit Chat Buyers for services outside of TalkViaLink, encouraging direct payments or communications outside the platform, or circumventing our billing system; impersonating any other person, user, or entity; suspected violation of these Terms and Conditions or any related policies; mismatched payment information where the name on your bank account or payout method does not match the name on your Chat Seller account; failed payouts indicating invalid payout information; use of anonymizing proxy services, VPNs, or similar tools to hide usage patterns or location; any activity or circumstance giving us good faith belief that your account is being used for fraudulent, deceptive, or illegal purposes; referring your own secondary accounts or accounts of close associates through the Referral Program to illegitimately earn referral commissions; publicly posting derogatory, false, or harassing statements about TalkViaLink or its employees on social media or other public forums; failing to create original profile content or copying another Seller's content or page; spamming the platform with repetitive or irrelevant content; using AI-generated chat services, chatbots, scripted responses, automated communication, or AI-generated images; or violating any provision of our Community Guidelines, Prohibited Content Policy, or other incorporated policies.
If your account is flagged for review, you may be notified via email or through your account dashboard, and additional information may be requested. TalkViaLink will investigate promptly and make a determination regarding your account status. If cleared of suspicion, temporary restrictions will be lifted. If violations are confirmed, your account may be restricted for up to one hundred eighty (180) days to protect against potential chargebacks and claims, or your account may be permanently closed.
Upon permanent account closure, TalkViaLink will remit any undisputed earnings owed to you after appropriate deductions for chargebacks, liabilities, fees, and other amounts owed to the Company. Payment will be made via your last known payout method. Disputed or fraud-associated funds will not be paid unless later determined to be legitimately owed. If entitled to payment, funds will be sent to your provided payout address subject to our standard processing timelines and any applicable holding periods.
6. Chat Buyer Terms and Conditions
6.1 Buyer Registration and Account Requirements
To purchase services as a Chat Buyer on TalkViaLink, you must create an account by providing accurate, complete, and current information during the registration process. You must be at least eighteen (18) years of age, or twenty-one (21) years of age if you reside in Alabama, Mississippi, Nebraska, or Wyoming, to use the Services as a Chat Buyer.
Depending on your jurisdiction, you may be required to complete age and identity verification before accessing certain content or features. Currently, users residing in Arkansas, Virginia, Mississippi, Utah, Louisiana, and Texas are required to verify their age and identity through government-issued identification documents before accessing adult content on the platform. TalkViaLink employs age verification technology and checks to ensure compliance with state laws requiring age verification for access to adult-oriented content.
6.2 Credit Purchase and Payment
To access Chat Seller services, you must first purchase credits through our secure payment system. Credits are the virtual currency used on TalkViaLink to pay for video calls, voice calls, text messages, and other services offered by Chat Sellers. You can purchase credits using major credit cards, debit cards, or other payment methods accepted by our third-party payment processors. Credits are purchased at an exchange rate of one dollar ($1) equals one (1) credit. All prices on the Platform are displayed in credits, which directly correspond to U.S. dollars.
All transactions are processed securely through PCI-compliant payment processors to protect your financial information. TalkViaLink does not store your full credit card numbers or sensitive payment information on our servers. Payment information is encrypted and processed through secure, industry-standard payment gateways.
When you purchase credits, you authorize TalkViaLink and our payment processors to charge your designated payment method for the amount of credits purchased, including any applicable taxes, fees, or surcharges. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is accurate and current.
Any currency conversion estimate displayed on the platform (for example, underneath a price or credit input) is for convenience only and is not necessarily accurate. The actual conversion rate and amount charged in your local currency will be shown at checkout by the payment processor.
6.3 Credit Non-Refundability and Seller Refunds
All credit purchases on TalkViaLink are final and non-refundable. Once credits have been successfully purchased and added to your account, the purchase price paid for those credits cannot be refunded, exchanged for cash, or transferred to another account. This policy exists because credits can be immediately used to access services, and Sellers are paid for their time and expertise based on credit usage.
Sellers can issue refunds directly through the platform for credits spent on their services. Individual Sellers may choose to refund credits to you at their sole discretion for services they provided. If a Seller issues a refund, those credits will be returned to your TalkViaLink account balance, but the original purchase price you paid for those credits will not be refunded to your payment method. TalkViaLink may also assess that Seller a refund processing fee equal to five percent (5%) of the refunded amount, and that fee may be deducted from the Seller's future earnings.
Credits have no cash value and cannot be redeemed for money. Credits will remain in your account until used, unless your account is terminated for violations of these Terms or our policies, or unless your credits become inactive due to dormancy as described in Section 6.3.1 below.
6.3.1 Dormant Credits
If you do not use your credits or access your account for a period of three (3) years, your credits may become inactive or dormant. We reserve the right to deactivate dormant credits after this period. We may provide notice before deactivating credits, but are not obligated to do so.
If your account is terminated due to policy violations, you forfeit all unused credits in your account without refund or compensation. If you voluntarily close your account or we close your account for reasons other than policy violations, we may, at our sole discretion, provide some or all of your unused credits value, but we are not obligated to do so.
6.4 Refund Policy and Exceptions
While all purchases are generally final, TalkViaLink may, at our sole discretion, provide account credit or return funds in certain limited circumstances, such as confirmed technical issues that prevented service delivery, duplicate charges resulting from payment processing errors, unauthorized transactions reported and verified within a reasonable timeframe, or other circumstances we deem appropriate on a case-by-case basis.
If you experience technical difficulties, service quality issues, or billing concerns, you must contact us through our contact form before taking any other action, such as initiating a chargeback with your credit card company. Our support team will review your concern and work with you to resolve the issue in accordance with our policies.
6.5 Chargeback Policy and Consequences
Chargebacks are taken very seriously by TalkViaLink. Filing a chargeback or payment dispute with your credit card company or payment provider without first contacting us through our support channels and attempting to resolve the issue directly will result in permanent account closure. Initiating chargebacks violates our Terms of Service and puts your account at immediate risk of termination.
When you file a chargeback, you are disputing a charge with your financial institution and claiming that the transaction was unauthorized, fraudulent, or that you did not receive the services you paid for. False or fraudulent chargebacks constitute a form of fraud and theft, as they reverse legitimate payments after services have been provided or credits have been delivered. TalkViaLink maintains a zero-tolerance policy for chargeback abuse.
If you file a chargeback, your account will be immediately suspended pending investigation. If we determine that the chargeback was filed inappropriately or fraudulently, your account will be permanently terminated, you will be banned from creating future accounts on TalkViaLink, and we reserve the right to pursue legal action against you for fraud, theft of services, and breach of contract. Any unused credits in your account will be forfeited without refund.
If you have legitimate billing concerns, disputes about charges, questions about transactions, or believe there has been an error, please use our contact form to reach our billing department before taking any other action. We are committed to addressing legitimate concerns promptly and fairly, but we cannot assist you if you bypass our support channels and file chargebacks without attempting to resolve issues directly with us first.
6.6 Service Availability and Quality Disclaimer
TalkViaLink does not guarantee the availability, quality, expertise, accuracy, reliability, professionalism, or appropriateness of any services provided by Chat Sellers. Sellers are independent contractors who set their own schedules, determine their own availability, and are solely responsible for the services they provide. TalkViaLink does not employ Sellers, does not control the content of their communications, and does not supervise or guarantee the quality of their services.
Any Chat Seller you interact with may not be available at the time you wish to contact them. Sellers may decline chat requests, be offline, or have limited availability based on their own schedules. TalkViaLink does not guarantee that any specific Seller will be available to provide services to you at any given time.
You acknowledge and agree that TalkViaLink is not responsible or liable for the content, quality, legality, accuracy, or appropriateness of any services provided by Chat Sellers. Any disputes, concerns, or issues regarding services should be reported to us through our contact form, and we will review such matters in accordance with our policies, but we make no guarantees regarding the outcomes of such reviews or the resolution of disputes.
6.7 Prohibited Conduct for Chat Buyers
As a Chat Buyer, you must conduct yourself respectfully, professionally, and in accordance with all applicable laws and our Code of Conduct. You must not engage in harassment, threatening behavior, stalking, abusive conduct, discriminatory behavior, or any actions that cause distress, discomfort, or unwanted attention to Chat Sellers or other users.
You must not attempt to obtain, solicit, or request personal contact information from Chat Sellers, including but not limited to phone numbers, email addresses, physical addresses, social media handles, or any other information that could be used to contact Sellers outside the platform. You must not ask Sellers to take interactions, communications, or payments off the platform or to conduct transactions through third-party payment systems, apps, or services.
You must not share or provide your own personal contact information to Sellers in an attempt to arrange off-platform communications or transactions. All interactions and payments must remain on TalkViaLink to ensure safety, security, and compliance with our policies. This rule protects both Buyers and Sellers and maintains the integrity of our platform.
You must not record, screenshot, save, download, copy, reproduce, distribute, or share any content, communications, chats, images, videos, audio recordings, or other materials you access on TalkViaLink unless explicitly authorized by the Seller and permitted by our Terms. Content you access as a Chat Buyer is for your personal viewing and communication purposes only within the platform. Unauthorized recording, distribution, or sharing of content violates these Terms, may violate intellectual property laws and privacy laws, and may subject you to legal liability.
You must not use the platform to promote, advertise, or solicit business for products, services, websites, or ventures unrelated to TalkViaLink. You must not spam chat sessions, flood conversations with irrelevant messages, disrupt communications, or interfere with other users' ability to use the platform. You must not impersonate any person, entity, or TalkViaLink representative. You must not falsely claim to be a minor or misrepresent your age, identity, or any other material information about yourself.
6.8 Pricing and Billing Methods
Chat Sellers set their own pricing and billing structures for the services they offer. Pricing options include per-minute billing where you are charged for each minute of video calls or voice calls, per-message billing where you are charged for each text message sent or received, per-media billing where you are charged for each photo, audio file, or video file sent or received, locked message billing where you pay a flat fee to unlock and view specific messages or media, flat-rate billing where you pay a set price for a complete session or scheduled appointment, and other flexible billing arrangements determined by individual Sellers within the platform's supported pricing models.
Sellers may set rates ranging from one dollar to fifty dollars per minute or per message, depending on their expertise, services, and market positioning. When per-minute billing is used, time is rounded up to the nearest whole minute. For example, if you are in a call that lasts three minutes and twenty seconds, you will be charged for four full minutes.
All pricing information is clearly displayed on each Seller's profile and service listings before you initiate contact or purchase services. By initiating a paid interaction with a Seller, you acknowledge that you have reviewed and agreed to their stated pricing and billing method. You are responsible for managing your credit balance and monitoring your spending on the platform.
6.9 Transaction History and Records
You can view your complete transaction history, including all credit purchases, credit usage, payments to Sellers, and account activity, by accessing your account dashboard. TalkViaLink maintains detailed records of all transactions processed through the platform. These records are available to you for your own bookkeeping, expense tracking, and verification purposes.
If you have questions about specific transactions, billing details, or need clarification about charges, you may contact us through our contact form. We will review your inquiry and provide information about your transactions in accordance with our Privacy Policy and applicable laws.
6.10 Content Rights and Restrictions
As a Chat Buyer, you do not own or acquire any intellectual property rights, ownership interest, or distribution rights in any content, information, communications, media, or materials you access through your interactions with Chat Sellers, except for content you personally created and provided yourself.
All content created and provided by Chat Sellers remains the intellectual property of those Sellers and is protected by copyright, trademark, and other intellectual property laws. Content is provided to you solely for personal, non-commercial viewing and communication purposes within the TalkViaLink platform.
You may not copy, reproduce, distribute, publish, transmit, broadcast, display publicly, sell, license, modify, create derivative works from, or otherwise exploit any content you access on TalkViaLink except as explicitly permitted by these Terms or with express written permission from the content owner. You may not use any content for commercial purposes, promotional materials, or any purpose outside of personal consumption within the platform.
6.11 Buyer Account Termination
TalkViaLink reserves the right to suspend, restrict, or permanently terminate your Chat Buyer account at any time, with or without notice, and for any reason or no reason at our sole discretion. Circumstances that may lead to account suspension or termination include but are not limited to violations of these Terms of Service or any of our policies, harassment or threatening behavior toward Chat Sellers or other users, attempts to take interactions or payments off the platform, filing fraudulent chargebacks or payment disputes, sharing or soliciting personal contact information, recording or distributing content without authorization, impersonating others or misrepresenting your identity, engaging in illegal activities, abusing the platform or disrupting other users' experiences, or any conduct we determine is harmful to the platform, our users, or our business interests.
If your account is terminated, you forfeit all unused credits in your account without refund or compensation. You will be permanently banned from creating new accounts on TalkViaLink. We reserve the right to refuse service to anyone for any reason at any time.
7. Code of Conduct for All Users
7.1 General Behavioral Standards
All users of TalkViaLink, whether Chat Buyers or Chat Sellers, must adhere to this Code of Conduct to maintain a safe, lawful, and respectful community. By registering for and using the platform, you agree to comply with this Code of Conduct, these Terms and Conditions, our Community Guidelines, our Prohibited Content Policy, and all applicable laws and regulations.
You must conduct yourself in a manner that is respectful to other users, comply with all applicable laws in your jurisdiction, use the platform only for its intended lawful purposes, and refrain from any abusive, harmful, illegal, or inappropriate behavior. You must treat all interactions on the platform with professionalism and courtesy, regardless of whether you are providing services or purchasing them.
7.2 Card Brand Rules Compliance
All users expressly agree to comply with Card Brand Rules established by Visa, Mastercard, and other major payment networks. These rules are designed to prohibit illegal or brand-damaging content and conduct, ensure transparent billing and customer protections, enforce consent requirements, maintain age verification standards, and uphold content moderation requirements.
Card Brand Rules exist to protect cardholders, prevent fraud, and ensure that payment networks are not facilitating illegal activities or harmful content. Violations of Card Brand Rules can result in serious consequences not only for individual users but also for TalkViaLink's ability to process payments and operate our platform. Therefore, compliance with these rules is mandatory and non-negotiable. Consequences for non-compliance with Card Brand Rules include disciplinary action such as content removal, suspension or termination of accounts, loss of payout privileges for Sellers, forfeiture of unused credits for Buyers, and reporting to legal authorities where applicable. TalkViaLink maintains a strict compliance policy and takes these requirements very seriously.
7.3 Prohibited Activities for All Users
All users agree not to engage in the following prohibited activities:
You must not promote, transmit, upload, share, or distribute any content that is unlawful, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially offensive, ethnically offensive, or discriminatory in any form, including text, images, videos, audio, or links. You must not harass, embarrass, threaten, stalk, bully, cause distress, unwanted attention, or discomfort to TalkViaLink, any Chat Buyer, Chat Seller, employee, contractor, or third party.
You must not impersonate any individual or entity, including minors, Company representatives, other users, celebrities, public figures, or any other person or organization. You must not falsely represent your identity, age, credentials, qualifications, or affiliations. You must not interfere with or disrupt the experience of other Chat Buyers or Chat Sellers, flood or spam the platform, impair others' ability to use the Services, or engage in any activity that degrades platform performance or user experience.
You must not post, promote, advertise, or solicit any business, service, product, website, or content unrelated to TalkViaLink while using the platform. You must not use the platform to market your own external businesses or redirect users to competing services. You must not attempt to obtain, solicit, request, or misuse account access credentials, passwords, private financial information, personal information, or sensitive data from any other user.
You must not share sensitive personal information about yourself that could compromise your safety or privacy. You must keep communications on-platform and within appropriate professional boundaries. You must not engage in fraud, deception, misrepresentation, theft, money laundering, or any illegal financial activities using the platform.
7.4 TalkViaLink's Compliance and Enforcement Commitment
TalkViaLink is committed to maintaining a platform that prohibits violent, abusive, or threatening behavior of any kind; prevents human trafficking, modern slavery, coercion, exploitation, and any form of forced participation; ensures all content involves consenting adults who are at least eighteen years of age and have been verified; eliminates hate speech, harassment, discrimination, and privacy violations; and protects all users from exploitation, harm, and illegal activity.
We employ comprehensive content moderation systems combining AI-powered content scanning technology with human review processes to enforce our policies. Our moderation team reviews flagged content, investigates user reports, and takes appropriate action against policy violations. We continuously update and improve our detection systems to identify and remove prohibited content quickly and effectively.
Enforcement actions for policy violations may include immediate removal of offending content, warnings and education for minor first-time violations, temporary account suspension for serious or repeated violations, permanent account termination for severe violations or patterns of misconduct, forfeiture of pending payouts or unused credits, and reporting to law enforcement or regulatory bodies when we detect illegal activity such as exploitation, abuse, fraud, or other criminal conduct. TalkViaLink may immediately suspend or terminate any user's account without notice if the user's conduct restricts or interferes with other users' ability to use the platform, violates this Code of Conduct or any other provision of these Terms, breaches Card Brand Rules or payment network requirements, or poses a risk to the safety, security, or integrity of the platform or its users.
7.5 Zero Tolerance Policy on Minors
TalkViaLink maintains a strict zero-tolerance policy regarding any involvement of minors on the platform. This policy is non-negotiable and applies to all users without exception. Immediate account termination will result from any activity involving individuals under eighteen years of age, providing access to the platform to anyone under eighteen years of age, uploading or sharing content depicting or featuring anyone under eighteen years of age, discussing, referencing, or fantasizing about scenarios involving minors, or engaging in age play, underage roleplay, or any content that suggests, implies, or simulates underage scenarios.
Violations of our minor protection policies will result in immediate and permanent account termination, forfeiture of all pending payouts and unused credits, permanent ban from creating future accounts on TalkViaLink, and reporting to the National Center for Missing & Exploited Children (NCMEC), law enforcement, and other appropriate authorities as required by law.
This zero-tolerance policy ensures compliance with global age restrictions and protections, protects the platform's integrity and legal standing, upholds our commitment to child safety and protection, and maintains our ability to process payments through card networks. All content on TalkViaLink must involve consenting adults who are at least eighteen years of age. We prohibit violent, abusive, exploitative, or non-consensual behavior of any kind. We uphold the rights and safety of all users without compromise.
7.6 Reporting Violations and Problems
If you experience or witness any behavior that violates this Code of Conduct, our Community Guidelines, Prohibited Content Policy, or any other platform policy, you must report it immediately. Reportable violations include but are not limited to harassment or threatening behavior, suspected underage content or users, hate speech or discrimination, human exploitation or trafficking, non-consensual content, violence or threats of violence, fraud or scams, impersonation, privacy violations or doxxing, content policy violations, or any illegal activity.
To report violations, use the Site's contact form, select the appropriate category such as "Report a Problem" or "Compliance Concern," and provide as much detail as possible about the incident, including usernames, links to profiles or content, screenshots or evidence, dates and times of incidents, and a clear description of what occurred and why you believe it violates our policies.
All reports are handled promptly and with strict confidentiality by TalkViaLink's Trust & Safety team. We take user reports seriously and will investigate all reported violations thoroughly. The identity of reporters will be protected to the fullest extent possible. Appropriate actions will be taken based on investigation findings, which may include issuing warnings, removing content, suspending accounts, terminating accounts permanently, or contacting law enforcement for illegal activity.
While we have robust automated systems in place to monitor activity and enforce our Terms and Conditions, we cannot guarantee the accuracy or completeness of automated detection systems. User reports are invaluable in helping us respond quickly to violations and maintain the safety and integrity of the TalkViaLink community. We are committed to protecting those who help keep our platform safe by ensuring reporter confidentiality throughout the review and enforcement process.
7.7 Cooperation with Law Enforcement and Legal Process
TalkViaLink reserves the right to cooperate fully with law enforcement authorities, government agencies, court orders, subpoenas, and other legal processes. We may disclose any information about you, your account, your activities on the Site, or your User Content if we believe in good faith that such disclosure is necessary to:
- Comply with applicable laws, regulations, legal processes, or governmental requests
- Enforce these Terms or investigate potential violations
- Detect, prevent, or address fraud, security, or technical issues
- Protect the rights, property, or safety of TalkViaLink, our users, or the public as required or permitted by law
- Respond to claims that any content violates the rights of third parties
- Investigate suspected illegal activity or violations of these Terms
You hereby authorize TalkViaLink to disclose any information about you to law enforcement, government officials, or private parties as we, in our sole discretion, believe necessary or appropriate to respond to legal requests or to protect our rights, users, or the public.
We may, but are not obligated to, notify you of legal demands for your information unless prohibited by law or court order. We reserve the right to challenge legal demands that we believe are overbroad, vague, or improper.
You waive and hold harmless TalkViaLink from any claims resulting from actions taken during or as a result of investigations by TalkViaLink or law enforcement authorities.
7.8 Off-Platform Conduct
This Code of Conduct applies not only to activity on the TalkViaLink website but also to certain off-site behaviors that could impact the TalkViaLink community, platform reputation, or user safety. Off-platform conduct subject to this policy includes interactions on social media platforms, messaging applications, email communications, or any other digital or physical space that is connected to or reflects upon TalkViaLink or its users.
Examples of prohibited off-platform conduct include harassing a Chat Seller or Chat Buyer on social media, disclosing someone's private information learned through the platform, posting false, defamatory, or harassing statements about TalkViaLink or its employees publicly, attempting to damage the platform's reputation, engaging in illegal activities related to the platform, or any conduct that undermines the safety, privacy, trust, or integrity of the TalkViaLink community.
TalkViaLink reserves the right to take corrective action, including immediate account termination, for off-platform conduct that violates our standards, poses a threat to other users, damages the platform's reputation, or undermines user trust and safety. Even if the breach occurs outside the website itself, if it is connected to your use of TalkViaLink or affects the platform community, we may take action against your account.
You acknowledge that TalkViaLink has the right to take action against your account based on your off-platform conduct if we determine, in our sole discretion, that such conduct:
- Violates the spirit or intent of these Terms or our policies
- Creates legal risk or liability for TalkViaLink
- Harms the reputation or business interests of TalkViaLink
- Threatens the safety or security of other users
- Violates applicable laws or regulations
This includes, but is not limited to, conduct on social media, other websites, forums, or in-person interactions that relate to or affect your use of TalkViaLink or the TalkViaLink community.
8. Referral Program Terms and Conditions
8.1 Referral Program Overview
TalkViaLink offers a Referral Program that allows users to earn commissions by referring new Chat Sellers to the platform. When you refer someone to TalkViaLink and they successfully register as a Chat Seller, you earn five percent (5%) of their earnings during their first year on the platform. This includes all transactions and earnings they generate within their first twelve months as an active Seller.
To participate in the Referral Program, you must have an active TalkViaLink account in good standing. You will be provided with a unique referral link that tracks users who sign up through your promotional efforts. You may share this referral link through various channels to promote TalkViaLink and attract new Sellers to the platform.
8.2 Referral Tracking and Attribution
Your referral link is saved as a browser cookie for thirty (30) days. If someone clicks your referral link and signs up for a TalkViaLink account within thirty days of clicking, you will receive credit for that referral and will earn commissions on their earnings for their first year on the platform.
If someone clicks multiple referral links within the thirty-day cookie period, the first referral link they clicked will be used for attribution purposes. This first-click attribution model ensures fairness and prevents referral link conflicts. Later clicks on different referral links will not override the initial referral attribution.
TalkViaLink uses reasonable efforts to track referrals accurately through cookies and tracking technology. However, we cannot guarantee that all referrals will be successfully tracked. If a referral is not captured by our tracking system due to cookie deletion, browser settings, technical issues, or other factors beyond our control, we are not obligated to manually attribute or pay a commission for that referral. Participants acknowledge that referral tracking depends on technology that may not be perfectly accurate in all circumstances.
8.3 Commission Payment Terms
Referral commissions are tracked in your account and are subject to verification, anti-fraud controls, and administrative review. Referral payouts may be processed periodically and may be issued through the same payout method you use for Seller payouts (if applicable). Timing may vary based on review and third-party processing timelines.
Commissions are calculated based on the net amount of eligible earnings attributed to the referred Seller after refunds, chargebacks, discounts/promotions, and other adjustments. You earn five percent (5%) of this net amount.
8.4 Referral Promotion Guidelines
You may promote your referral link anywhere you have the legal right to do so, including your personal blog or website, social media platforms such as Facebook, Instagram, Twitter, YouTube, TikTok, and others, email lists you own or have permission to contact, your YouTube channel, podcast, or other content platforms, and any other marketing channels where you have authorization to promote.
When promoting your referral link, you must be honest and transparent about your affiliation with TalkViaLink. We require all affiliates to disclose their relationship with the platform when promoting referral links. You must clearly indicate that you may receive compensation if someone signs up through your link.
You must conduct all referral activities in compliance with applicable laws, regulations, and our Terms and Policies. You are responsible for ensuring that your promotional methods comply with advertising laws, FTC guidelines regarding endorsements and testimonials, anti-spam laws, platform-specific terms of service for social media and other channels, and any other applicable legal requirements.
8.5 Prohibited Referral Activities
The following referral activities are strictly prohibited and will result in removal from the Referral Program, forfeiture of all accrued commissions, and potential account termination:
You may not engage in spamming or send unsolicited promotional messages or emails. You must not make misleading claims, false promises about earnings potential, or deceptive statements about TalkViaLink or its services. You must not promote get-rich-quick schemes or suggest that earning significant income on TalkViaLink is guaranteed or requires minimal effort.
You may not create websites, social media pages, landing pages, or other web presences that mimic TalkViaLink's branding, design, or content in a way that tricks or misleads people into believing they are dealing with TalkViaLink directly or that you are an official representative of the Company. You must not use our name, logo, trademarks, or any confusingly similar variations without express written permission.
You may not purchase search engine keywords, pay-per-click advertisements, or sponsored search results using TalkViaLink's name, brand name, logo, trademarks, misspellings, or variations without express written permission. You must not engage in bidding on our brand terms or competing for search engine placement using our intellectual property.
You may not refer yourself using multiple accounts or alternate identities. You must not refer any business entity in which you have different or indirect ownership or control. You must not engage in self-referral schemes or refer people that are your alter egos and controlled by you. Self-referral fraud will result in permanent ban from the platform.
You may not use fraudulent, unethical, illegal, or inappropriate marketing practices, including but not limited to cookie stuffing, incentivized clicks, forced clicks, hidden iframes, deceptive advertising, or any other method that artificially generates referrals or manipulates the tracking system.
8.6 Referral Program Changes and Termination
TalkViaLink reserves the right to modify, suspend, or terminate the Referral Program at any time, with or without notice, and for any reason or no reason at our sole discretion. Changes to commission rates, payout terms, program rules, or eligibility requirements may be made at any time and will be effective immediately upon posting.
We reserve the right to disqualify and terminate any participant who engages in illegal, unethical, or inappropriate marketing activities, violates these Terms or any program rules, harms TalkViaLink's reputation or business interests, or engages in any activity we determine is detrimental to the platform or the Referral Program. If your Seller account is terminated, voluntarily closed, or suspended for any reason, you will forfeit any referral commissions that were accrued but not yet paid out at the time of termination or closure. Pending commissions may be withheld or forfeited if your account is closed due to violations of these Terms or any other reason we determine warrants such action.
8.7 Independent Relationship
Participants in the Referral Program are independent third parties and not participants, employees, agents, legal representatives, or partners of TalkViaLink. You are solely responsible for your own marketing activities, legal compliance, tax obligations, and business operations. You have no authority to bind the Company, make representations on behalf of the Company, or enter into any agreements in the Company's name.
Joining the Referral Program does not create any partnership, joint venture, employment relationship, or agency relationship between you and TalkViaLink. You must not misrepresent your relationship with the Company. You may not use TalkViaLink's logo, name, or branding in a way that suggests you are an employee or official agent of the Company. You may not claim to be an employee or agent of TalkViaLink. You may not state or imply that your referral links or promotions are officially operated, endorsed, or sponsored by TalkViaLink beyond the scope of the Referral Program itself.
Misrepresentation of your relationship with TalkViaLink is strictly forbidden and will lead to immediate removal from the Referral Program and potential legal action for trademark infringement, false advertising, or other violations.
9. Intellectual Property Rights
9.1 TalkViaLink's Intellectual Property
The TalkViaLink website, including all content, features, functionality, design elements, graphics, logos, trademarks, service marks, text, images, software, code, databases, and all other materials and information contained on the Site (collectively, "Company Content"), are owned by or licensed to TalkViaLink and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The TalkViaLink name, logo, and all related names, logos, product and service names, designs, slogans, and other distinctive brand features are trademarks of TalkViaLink and may not be used without express written permission. All other trademarks, service marks, and logos used on the Site are the property of their respective owners.
You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, exploit, or otherwise use any Company Content without our express written permission, except as explicitly authorized by these Terms for your personal, non-commercial use of the Services.
9.2 User-Generated Content and License Grant
When you upload, submit, post, share, or otherwise provide any content on TalkViaLink, including but not limited to profile information, images, videos, audio recordings, text messages, chat communications, service descriptions, or any other materials (collectively, "User Content"), you retain ownership of any intellectual property rights you hold in that User Content, subject to the license you grant to TalkViaLink as described below.
By submitting User Content to TalkViaLink, you grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with operating, providing, promoting, and improving the Services, developing new features and services, and for any other business purposes related to TalkViaLink.
9.3 User Content Representations and Warranties
By submitting User Content to TalkViaLink, you represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to submit such User Content and to grant the license described above; your User Content does not infringe, violate, or misappropriate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party; your User Content complies with these Terms, our Community Guidelines, Prohibited Content Policy, and all applicable laws; and you have obtained all necessary consents, releases, and permissions from any individuals depicted in your User Content.
You agree that you, not TalkViaLink, are solely responsible for all User Content you submit, and you are solely liable for any consequences of posting or publishing such content. You acknowledge that TalkViaLink does not pre-screen all User Content, although we maintain mandatory pre-screening for certain content categories, and we are not responsible for User Content submitted by users.
9.4 Content Removal and Enforcement
TalkViaLink reserves the right, but has no obligation, to monitor, review, edit, remove, delete, disable access to, or otherwise moderate any User Content at any time and for any reason or no reason, with or without notice. We may remove or disable access to User Content that we determine, in our sole discretion, violates these Terms, our policies, applicable laws, Card Brand Rules, or is otherwise objectionable, harmful, or inappropriate.
We may also remove or disable User Content in response to notices of alleged copyright infringement submitted in accordance with the Digital Millennium Copyright Act (DMCA) as described in our DMCA Policy, in response to legal demands or court orders, or to comply with applicable laws and regulations.
9.5 Copyright Infringement and DMCA Policy
TalkViaLink respects the intellectual property rights of others and expects our users to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and have implemented procedures for receiving and responding to notices of alleged copyright infringement.
If you believe that content on TalkViaLink infringes your copyright, you may submit a DMCA takedown notice through our contact form. Your notice must include all elements required by the DMCA, including identification of the copyrighted work, identification of the infringing material, your contact information, a good faith statement, a statement of accuracy made under penalty of perjury, and your physical or electronic signature. For complete details on our DMCA procedures, including how to submit takedown notices and counter-notifications, please refer to our DMCA Policy incorporated herein by reference.
TalkViaLink has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. A repeat infringer is a user who has been the subject of multiple valid DMCA takedown notices or has repeatedly posted content that infringes the copyrights of others.
10. Privacy and Data Protection
10.1 Privacy Policy Incorporation
Your privacy is important to us. Our Privacy Policy explains how we collect, use, share, and protect your personal information when you use TalkViaLink. The Privacy Policy is incorporated into these Terms by reference and constitutes a binding agreement between you and TalkViaLink.
By using the Services, you acknowledge that you have read and understood our Privacy Policy and you consent to the collection, use, and sharing of your information as described therein. If you do not agree with our Privacy Policy, you must not use the Services.
10.2 Data Collection and Usage
TalkViaLink collects various types of information to provide and improve our Services, including account and profile information, identity verification information such as government-issued identification documents and biometric data, communication data including chat history and messages, payment and financial information, technical and usage information such as IP addresses and device data, and information collected through cookies and similar tracking technologies. We use this information to verify your age and identity, create and administer your account, process transactions and manage payments, enforce our Terms and policies, provide customer support, detect and prevent fraud and abuse, conduct analytics and improve the platform, meet legal obligations, communicate with you about your account, and ensure the safety and security of our platform and users. For complete details on our data practices, please review our Privacy Policy.
10.3 Data Security
TalkViaLink implements reasonable technical, administrative, and physical security measures to protect your personal data from unauthorized access, use, disclosure, alteration, and destruction. However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee absolute security.
You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You must notify us immediately through our contact form if you suspect or become aware of any unauthorized access to your account or any security breach.
10.4 Privacy Between Users
To protect user privacy, TalkViaLink limits the information shared between Chat Buyers and Chat Sellers. Users can see each other's profile pictures, usernames, display names, and any other information users choose to include in their public profiles. We do not share email addresses, phone numbers, real names (unless voluntarily used as display names), financial information, identity verification documents, or verification data between users.
All communication between Buyers and Sellers must occur through our platform's messaging system. Users must not share personal contact information with each other or attempt to take interactions off the platform.
11. Disclaimers and Limitations of Liability
11.1 Disclaimer of Warranties
THE TALKVIALINK SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TALKVIALINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TALKVIALINK DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SITE WILL FUNCTION PROPERLY WITH YOUR DEVICE, BROWSER, JURISDICTION, OR INTERNET CONNECTION. WE DO NOT GUARANTEE THAT CHATS, CALLS, OR CONNECTIONS WILL ALWAYS WORK PROPERLY OR THAT TECHNICAL ISSUES WILL NOT OCCUR.
WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR QUALITY OF ANY CONTENT, INFORMATION, SERVICES, OR COMMUNICATIONS ON THE PLATFORM. WE DO NOT WARRANT THAT ANY CONTENT OR SERVICES PROVIDED BY CHAT SELLERS WILL MEET YOUR EXPECTATIONS, BE SUITABLE FOR YOUR INTENDED PURPOSE, OR COMPLY WITH ALL APPLICABLE LAWS IN YOUR JURISDICTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE, ADVICE, OPINION, OR RECOMMENDATION PROVIDED BY ANY CHAT SELLER. SELLERS ARE INDEPENDENT CONTRACTORS AND ARE SOLELY RESPONSIBLE FOR THEIR SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE QUALIFICATIONS, CREDENTIALS, EXPERTISE, OR RELIABILITY OF ANY SELLER. YOUR INTERACTIONS WITH SELLERS AND ANY RELIANCE ON THEIR SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE SITE AND SERVICES MAY NOT BE AVAILABLE IN ALL GEOGRAPHIC LOCATIONS, AND WE MAKE NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. THOSE WHO ACCESS THE SITE FROM LOCATIONS WHERE THE CONTENT OR SERVICES ARE ILLEGAL OR RESTRICTED ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALKVIALINK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES; ANY CONTENT, SERVICES, OR COMMUNICATIONS PROVIDED BY CHAT SELLERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED THROUGH THE SITE; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICES.
IN NO EVENT SHALL TALKVIALINK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT OF FEES PAID BY YOU TO TALKVIALINK, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TALKVIALINK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE RESULTING FROM:
(A) YOUR RELIANCE ON ANY ADVICE, OPINION, STATEMENT, OR INFORMATION PROVIDED BY ANY CHAT SELLER;
(B) ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON SERVICES PROVIDED BY CHAT SELLERS;
(C) THE CONDUCT, ACTS, OR OMISSIONS OF ANY CHAT SELLER, WHETHER ONLINE OR OFFLINE;
(D) ANY DISPUTES BETWEEN YOU AND ANY CHAT SELLER;
(E) THE QUALITY, ACCURACY, LEGALITY, OR APPROPRIATENESS OF ANY SERVICES PROVIDED BY CHAT SELLERS;
(F) YOUR USE OF OR INABILITY TO USE PURCHASED CREDITS;
(G) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR PAYMENT INFORMATION;
(H) TECHNICAL FAILURES, INTERNET CONNECTIVITY ISSUES, OR SERVICE INTERRUPTIONS; OR
(I) ANY THIRD-PARTY SERVICES, PAYMENT PROCESSORS, OR WEBSITES.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TALKVIALINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL TALKVIALINK'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT YOU PAID TO TALKVIALINK IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).
11.3 Third-Party Services and Links
The Site may contain links to third-party websites, applications, or services that are not owned or controlled by TalkViaLink. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that TalkViaLink is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
If you access third-party websites or services through links provided on TalkViaLink, you do so at your own risk. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
11.4 Platform Availability and Technical Issues
TalkViaLink provides the Site and Services on an "as is" and "as available" basis. We do not guarantee that:
- The Site or Services will be available at all times without interruption or delay
- The Site or Services will be error-free, secure, or free from viruses or other harmful components
- Any defects or errors will be corrected
- The results obtained from using the Site or Services will be accurate or reliable
- Video calls, voice calls, or messaging will function without technical issues
- Your device, browser, or internet connection will be compatible with the Site or Services
We reserve the right to:
- Modify, suspend, or discontinue any aspect of the Site or Services at any time without notice or liability
- Impose limits on certain features or restrict access to parts or all of the Site
- Remove or refuse to post any content at any time for any reason
We are not responsible for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services for any reason, including:
- Technical failures or malfunctions
- Scheduled or unscheduled maintenance
- Internet service provider failures
- Third-party service disruptions (including payment processors)
- Force majeure events
- Security breaches or attacks
- Any other cause beyond our reasonable control
You agree that TalkViaLink will not be liable for any damages arising from interruptions, delays, or failures in the Site or Services, regardless of the cause.
11.5 Experimental and Beta Features
From time to time, TalkViaLink may offer experimental, beta, or pre-release features, functionality, or services (collectively, "Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE" for testing and evaluation purposes only. We make no promises that Beta Features will function properly, be continued, or be made generally available.
Beta Features may contain bugs, errors, or design flaws. They may not be as reliable as generally available features, and they may be changed, discontinued, or removed at any time without notice. We are not liable for any loss, damage, or inconvenience caused by Beta Features or their modification, suspension, or discontinuation.
By using Beta Features, you acknowledge and agree that:
- Beta Features are provided without warranties of any kind
- Beta Features may not function as expected or described
- We may collect feedback, usage data, and other information about your use of Beta Features
- We may terminate access to Beta Features at any time for any reason
- You use Beta Features entirely at your own risk
Unless otherwise stated, all provisions of these Terms apply to Beta Features.
Indemnification
You agree to indemnify, defend, and hold harmless TalkViaLink, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or Services; your violation of these Terms, our Community Guidelines, Prohibited Content Policy, DMCA Policy, or any other applicable policies; your violation of any applicable laws, regulations, or third-party rights, including intellectual property rights, privacy rights, or publicity rights; any User Content you submit, post, or transmit through the Site or Services; any disputes between you and any other user, including Chat Buyers or Chat Sellers; or any negligent, willful, or unlawful conduct by you or anyone acting on your behalf.
TalkViaLink reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with TalkViaLink in defending such claims.
Termination of Services
13.1 Termination by TalkViaLink
TalkViaLink reserves the right to suspend, restrict, or terminate your access to the Site or Services at any time, with or without notice, and for any reason or no reason at our sole discretion. Reasons for termination may include, but are not limited to, violations of these Terms, our policies, applicable laws, or Card Brand Rules; fraudulent or illegal activity; failure to provide requested verification information; or any conduct we deem harmful to the platform, its users, or our business interests.
Upon termination, your account will be deactivated, and you will lose access to the Site and Services. All unused credits for Chat Buyers and any pending payouts for Chat Sellers may be forfeited, subject to our policies on account closure and payment holds. Termination does not relieve you of any obligations or liabilities incurred prior to termination, including payment obligations, indemnification responsibilities, or liability for policy violations.
13.2 Termination by You
You may terminate your account at any time by accessing your account settings and following the instructions to close your account or by contacting us through our contact form to request account deletion. Upon voluntary termination, any unused credits in your Chat Buyer account will be forfeited without refund, and any pending payouts in your Chat Seller account may be subject to holds or forfeiture in accordance with our payment policies.
If you choose to terminate your account, you acknowledge that TalkViaLink may retain certain information as required by law or for legitimate business purposes, such as record-keeping for tax purposes, compliance with 18 U.S.C. § 2257, or to resolve disputes. Our retention of your information will be governed by our Privacy Policy.
13.3 Effect of Termination
Upon termination of your account, whether by you or by TalkViaLink, all licenses and rights granted to you under these Terms will immediately cease. You must stop using the Site and Services, and you will no longer have access to your account, User Content, or any other data associated with your account, except as required by law.
TalkViaLink is not liable for any damages or losses resulting from the termination of your account or access to the Services. Any provisions of these Terms that, by their nature, should survive termination shall survive, including but not limited to provisions on intellectual property, disclaimers, limitations of liability, indemnification, and governing law.
The following provisions of these Terms shall survive termination of your account or these Terms:
- Section 0 (Definitions)
- Section 5.2 (Section 2257 Certification and Compliance)
- Section 5.4 (Original Content and Plagiarism Prohibition)
- Section 9 (Intellectual Property Rights)
- Section 10 (Privacy and Data Protection)
- Section 11 (Disclaimers and Limitations of Liability)
- Section 12 (Indemnification)
- Section 14 (Dispute Resolution and Governing Law)
- Section 16.1 (Entire Agreement)
- Section 16.2 (Severability)
- Any other provision that by its nature should survive termination
Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations, indemnification obligations, or liability for breaches of these Terms that occurred before termination.
Dispute Resolution and Governing Law
14.1 Governing Law and Venue
These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the State of Maine, United States, without regard to its conflict of law principles. This agreement's predominant purpose is providing services and licensing access to intellectual property and not a "sale of goods." The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, and the application of that convention is expressly excluded.
Any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the Services that is not resolved through the informal dispute resolution process described in Section 14.3 or through arbitration as described in Section 14.2 shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in the State of Maine. You consent to the personal jurisdiction of such courts and waive any objection to jurisdiction or venue in such courts. You waive any right to seek another forum or venue because of an improper or inconvenient forum.
14.2 Binding Arbitration
YOU AND TALKVIALINK AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
By agreeing to arbitration, you are waiving your right to have disputes resolved in court by a judge or jury. You are also waiving your right to participate in a class action or class-wide arbitration.
14.2.1 Arbitration Process
Any arbitration will be administered by a mutually agreed-upon arbitration service or, if the parties cannot agree, by an arbitrator appointed by a court of competent jurisdiction in the State of Maine. The arbitration shall be conducted in the State of Maine unless both parties agree in writing to a different location.
The arbitrator will apply the substantive law of the State of Maine, including its statutes of limitations. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.
14.2.2 Arbitration Costs
Each party shall bear its own costs of arbitration, including attorney's fees, unless the arbitrator determines that one party is entitled to recover costs under applicable law or these Terms.
14.2.3 Arbitrator Authority
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator may grant any remedy that would be available in court, except that the arbitrator may not award punitive or exemplary damages or damages otherwise limited or excluded in these Terms.
14.2.4 Exceptions to Arbitration
Notwithstanding the above, either party may seek injunctive or other equitable relief in court to protect intellectual property rights, prevent unauthorized access to the Site, or address data security issues without first engaging in arbitration.
14.2.5 CLASS ACTION WAIVER
YOU AND TALKVIALINK AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
If any court or arbitrator determines that the class action waiver is unenforceable, then the arbitration agreement shall be deemed null and void, and the dispute must be brought in court.
14.2.6 Time Limit to Bring Claims
Any claim or dispute arising out of or relating to these Terms, the Site, or the Services must be filed within one (1) year after the claim or cause of action arose. Any claim filed after one (1) year is permanently barred.
14.3 Informal Dispute Resolution
Before initiating arbitration, you agree to attempt to resolve any dispute informally by contacting us through our contact form and providing a detailed description of the issue. TalkViaLink will attempt to resolve the dispute within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally, either party may proceed with arbitration as described above.
Modifications to Terms
TalkViaLink reserves the right to modify, amend, or update these Terms at any time and for any reason, at our sole discretion. Changes will be effective immediately upon posting the updated Terms on the Site, and the “Last Updated” date at the top of this Agreement will be revised accordingly.
You are responsible for regularly reviewing these Terms to stay informed of any changes. Your continued use of the Site or Services after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site and Services and terminate your account as described in Section 13.2.
Miscellaneous
16.1 Entire Agreement
These Terms, together with our Privacy Policy, Community Guidelines, Prohibited Content Policy, DMCA Policy, and 18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement, constitute the entire agreement between you and TalkViaLink with respect to your use of the Site and Services, superseding any prior agreements, representations, or understandings, whether written or oral.
16.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
16.3 Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and TalkViaLink’s failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other right.
16.4 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. TalkViaLink may assign or transfer these Terms, in whole or in part, without restriction, including to a successor or affiliate in connection with a merger, acquisition, or sale of assets.
16.5 Force Majeure
TalkViaLink shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God, including fire, flood, earthquakes, hurricanes, tornadoes, severe weather, or other natural disasters
- War, terrorism, riots, civil unrest, acts of civil or military authority, or national emergencies
- Pandemics, epidemics, or public health emergencies
- Strikes, labor disputes, or shortages in transportation, facilities, fuel, energy, labor, or materials
- Failure of telecommunications, internet service providers, or information services infrastructure
- Cyberattacks, hacking, distributed denial-of-service attacks, or other malicious cyber activities
- Power outages or failures of electrical or telecommunications infrastructure
- Government orders, laws, regulations, or restrictions
- Failures or disruptions of third-party services, including payment processors, hosting providers, or cloud services
- Any other cause beyond our reasonable control
During any force majeure event, TalkViaLink's obligations under these Terms shall be suspended for the duration of such event. We will make reasonable efforts to resume normal operations as soon as practicable. We will not be liable for any loss, damage, delay, or failure to perform resulting from force majeure events.
16.6 Notices
Any notices or communications required under these Terms shall be sent to TalkViaLink via the contact form on our Site or to the email address associated with your account for notices to you. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
16.7 No Third-Party Beneficiaries
These Terms are for the benefit of you and TalkViaLink only and do not confer any rights or benefits to any third party, except as expressly provided herein.
16.8 No Partnership, Agency, or Employment
Nothing in these Terms creates, and the parties do not intend to create, a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and TalkViaLink. You have no authority to make or accept any offers or representations on behalf of TalkViaLink. You may not enter into contracts, create obligations, or otherwise bind TalkViaLink in any way. This provision applies to all users, including Chat Sellers who are independent contractors.
Chat Sellers are not employees, agents, or representatives of TalkViaLink. Sellers have no authority to bind TalkViaLink to any agreements or obligations. The relationship between Chat Sellers and TalkViaLink is solely that of independent contractors using a platform to connect with clients.
Contact Information
If you have any questions, concerns, or complaints about these Terms, the Site, or the Services, please contact us through our contact form at www.talkvialink.com/contact.
Email: [email protected]
By using TalkViaLink, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. Thank you for being a part of our community!