DoTalk Terms & Privacy Policy
9th February 2023
DoTalk is designed to never collect or store any sensitive information. DoTalk messages and calls cannot be accessed by us or other third parties. Our Terms of Service and Privacy Policy are available below.
Terms of Service
DoTalk Multilingual Messenger (“DoTalk”) provides private multilingual messaging, Internet calling, and other translation services to users worldwide. You agree to our Terms of Service (“Terms”) by installing or using our apps, services, or website (together, “Services”).
About our services
Minimum Age. You must be at least 12 years old to use our Services. The minimum age to use our Services without parental approval may be higher in your home country.
Account Registration. To create an account you must register for our Services using your phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with verification codes to register for our Services. You can also register by using yout email address.
Privacy of user data. DoTalk does not sell, rent or monetize your personal data or content in any We safeguard the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your information and metadata to countries where we have or use facilities, service providers or partners. Examples would be Third Party Providers sending you a verification code and processing your support tickets.
Software. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.
Fees and Taxes. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.
Using DoTalk
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You agree to use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in
ways that: (a) violate or infringe the rights of DoTalk, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) involve sending illegal or impermissible communications such as bulk messaging, auto-
messaging, and auto-dialing.
Harm to DoTalk. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm DoTalk, our Services, or systems. For example you must not
(a)gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; or (e) sell, rent, or charge for our Services.
Keeping Your Account Secure. DoTalk embraces privacy by design and does not have the ability to access your messages. You are responsible for keeping your device and your DoTalk account safe and secure. If you lose your phone, follow the steps on our Support site to re-register for our Services. When you register with a new device, your old device will stop receiving all messages and calls.
No Access to Emergency Services. Our Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.
Third-party services. Our Services may allow you to access, use, or interact
with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.
Your Rights and License with DoTalk
Your Rights. You own the information you submit through our Services. You must have the rights to the phone number or email account you use to sign up for your DoTalk account.
DoTalk’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission. To report copyright, trademark, or other intellectual property infringement, please contact info@dotalk.com
DoTalk’s License to You. DoTalk grants you a limited, revocable, non- exclusive, and non-transferable license to use our Services in accordance with these Terms.
Disclaimers and Limitations
Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR
SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. DOTALK DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “DOTALK PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability. THE DOTALK PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE DoTalk PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE DOTALK PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Resolving Disputes and Ending Terms
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the Queensland District Court Australia. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the State of Queensland
govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between DoTalk and you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms with DoTalk at any time by deleting DoTalk Messenger from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for DoTalk. The following provisions will survive termination of your relationship with DoTalk: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
General
DoTalk may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our
updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and DoTalk regarding our Services. If you do not agree with our Terms, you should stop using our Services.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at info@dotalk.com
Privacy Policy
DoTalk utilizes state-of-the-art security to provide private messaging and Internet calling services to users worldwide (“Services”). Your calls and messages can never be shared or viewed by anyone but yourself and the intended recipients.
Information you provide
Account Information. You register a phone number when you create a DoTalk account. Phone numbers are used to provide our Services to you and other DoTalk users. You may optionally add other information to your account, such as a profile name and profile picture.
Messages. DoTalk cannot access the content of your messages or calls. DoTalk queues messages on its servers for delivery to devices that are temporarily offline (e.g. a phone whose battery has died). Your message history is stored on your own devices.
Additional technical information is stored on our servers, including randomly generated authentication tokens, keys, push tokens, and other material that is necessary to establish calls and transmit messages. DoTalk limits this additional technical information to the minimum required to operate the Services.
Contacts. DoTalk can optionally discover which contacts in your address book are DoTalk users, using a service designed to protect the privacy of your contacts.
Information from the contacts on your device may be cryptographically hashed and transmitted to the server in order to determine which of your contacts are registered.
User Support. If you contact DoTalk User Support, any personal data you may share with us is kept only for the purposes of researching the issue and contacting you about your case.
Information we may share
Third Parties. We work with third parties to provide some of our Services. For example, our Third-Party Providers send a verification code to your phone number when you register for our Services. These providers are bound by their Privacy Policies to safeguard that information. If you use other Third- Party Services like
YouTube, Spotify, Giphy, etc. in connection with our Services, their Terms and Privacy Policies govern your use of those services.
Other instances where DoTalk may need to share your data
•To meet any applicable law, regulation, legal process or enforceable governmental request.
•To enforce applicable Terms, including investigation of potential violations.
•To detect, prevent, or otherwise address fraud, security, or technical issues.
•To protect against harm to the rights, property, or safety of DoTalk, our users, or the public as required or permitted by law.
“DoTalk ChatGPT Open AI Feature” Privacy Policy
Any content, tools, services and data available within the DoTalk ChatGPT are powered by, operated and generated by OpenAI L.L.C. or its affiliates (“OpenAI”).
DoTalk Holdings Pty Ltd (“DoTalk”) bears no responsibility and disclaims any liability to any party, who uses the products, tools, services and any data of OpenAI L.L.C. or its affiliates (“OpenAI”) available within this ChatGPT (the “Services”).
You hereby agree and accept that your use of Services is subject to OpenAI's Terms of Use, Service Terms, Sharing & Publication Policy, Usage Policies (“OpenAI’s Terms”), as may be amended from time to time.
You hereby acknowledge that (i) the use of the Services, including the provision of any content, data and information is at your own risk and are subject to OpenAI’s Terms; (ii) the Services are provided to you "As Is"; and (iii) DoTalk disclaims any warranties and guarantees thereto, and shall not be liable to you for any use of the Services or any content generated within this ChatGPT, including inter alia with respect of its accuracy, fitness to a specific purpose, lawfulness, associated rights, display, storage, etc.
DoTalk reserves the right to block, suspend or remove any content within the DoTalk ChatGPT feature if it deems it unauthorized, illegal or violating applicable as amended from time to time (“DoTalk Terms”).
You must ensure that you store and backup any content and data that is important to you, as DoTalk may not store your content or data.
You will defend, indemnify, and hold harmless DoTalk and any of its affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your content in the ChatGPT, products or services you develop or offer in connection with the Services, and your breach of these terms or violation of applicable law.
DoTalk reserves the rights to change the services and activities suggested in this ChatGPT, and update and revise these terms from time to time at its own discretion.
Profile Photo Verification Feature Terms of Use for DoTalk
The user profile verification feature is provided by DoTalk Holdings Pty Ltd.
(“DoTalk” ). By accessing or using the DoTalk Profile Verification Feature, you agree to be bound by the following terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully before accessing or using the DoTalk Profile Verification Feature. If you do not agree to these Terms of Use, you may not access or use the DoTalk Profile Verification Feature.
Use of DoTalk Profile Verification Feature.
DoTalk provides a biometric user profile verification feature that allows you to verify your identity through biometric data. The DoTalk Profile Verification Feature is available through our mobile application(collectively, the “Service”). To use the DoTalk Profile Verification Feature, you must have a DoTalk account and provide us with your biometric data.
Account Registration.
To use the DoTalk Profile Verification Feature, you must create a DoTalk account by providing us with certain information, such as your name, email address, and biometric data. You agree to provide accurate, current, and complete information during the registration process and to update this information as necessary to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your DoTalk account information and password. You agree to accept responsibility for all activities that occur under your DoTalk account.
Use of Biometric Data.
When you provide us with your biometric data, you agree that we may use this data for the purposes of verifying your identity and providing the DoTalk Profile Verification Feature. You also agree to allow us to share your biometric data with our third-party service providers for the purpose of providing the DoTalk Profile Verification Feature. We will use reasonable security measures to protect your biometric data, but we cannot guarantee that your data will not be accessed by
unauthorised parties.
Restrictions on Use.
You agree not to use the DoTalk Profile Verification Feature for any illegal or unauthorized purpose. You agree not to use the DoTalk Profile Verification Feature in any manner that interferes with its normal operation or with the use and enjoyment of the Service by other users.
Changes to Terms of Use.
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If we make any material changes to these Terms of Use, we will notify you by posting the updated Terms of Use on the DoTalk website and/or by sending you an email. Your continued use of the DoTalk Profile Verification Feature after any such changes constitutes your acceptance of the new Terms of Use.
Disclaimer of Warranties. The DoTalk Profile Verification Feature is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the DoTalk Profile Verification Feature or the information, content, materials, or products included on the Service. You expressly agree that your use of the DoTalk Profile Verification
Feature is at your sole risk.
Limitation of Liability.
To the fullest extent permitted by law, DoTalk and its affiliates, employees, agents, suppliers, and licensors will not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, use, data, or other intangible losses, arising out of or in connection with your use of the DoTalk Profile Verification Feature or the Service.
Indemnification.
You agree to indemnify and hold DoTalk and its affiliates, employees, agents, suppliers, and licensors harmless from any claim or demand, including reasonable attorneys’ fees.
Updates
We will update this privacy policy as needed so that it is current, accurate, and as clear as possible. Your continued use of our Services confirms your acceptance of our updated Privacy Policy.
Contact Us
If you have questions about our Terms & Privacy Policy please contact us at info@dotalk.com
Attn: Privacy DoTalk Messenger, 101 Sheridan Street, Cairns, Queensland, 4870 Australia.
Updated 9th February 2023