Terms of Use

PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR APPLICATION.

Talito, (“Talito,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our services.

We provide our Services and Application to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not use the Services.

1. YOUR USE OF THE APPLICATION OR THE SERVICE

You certify that the information you provide to Talito is accurate and complete. Talito is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Application using authorized means.

By using the Application or the Service, you further agree that:

1. You will only use the Service or Application for your sole, business use and will not resell it to a third party;

2. You will not authorize others to use your account;

3. You will not assign or otherwise transfer your account to any other person or legal entity;

4. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

5. You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

6. You will not use the Service or Application to cause nuisance, annoyance or inconvenience;

7. You will not impair the proper operation of the network;

8. You will not try to harm the Service or Application in any way whatsoever;

9. You will not copy, or distribute the Application or other Talito Content without written permission from Talito;

10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;

11. You will provide us with whatever proof of identity we may reasonably request;

12. You will only use an access point or 3G data account (AP) which you are authorized to use;

13. You will not use the Service or Application with an incompatible or unauthorized device;

14. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.

2. PAYMENT

Talito reserves the right to revise or change the pricing and fees charged from you based on software services and maintenance needs. Prior to fee changes, we will notify you in writing 30 (thirty) days before all changes go into effect. Your use of the service after the effective date of change confirms your agreement to the changes.

3. LIABILITY

The information, recommendations and/or services provided to you on or through the Service and the Application is for general information purposes only and does not constitute advice. Talito will reasonably keep the Application and its contents correct and up to date but does not guarantee that (the contents of) the Application is free of errors, defects, malware and viruses or that the Application is correct, up to date and accurate.

4. LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY

For the purpose of this User Term, the following definitions apply:

"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

"Talito Content" means Content owned or used by Talito, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.

"User" means a person who accesses or uses the Service or Application.

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.

"Collective Content" means, collectively, Talito Content and User Content.

Subject to your compliance with these User Terms, Talito grants you a limited, non-exclusive, non-transferable license:

1. To view, any Talito Content solely for your personal and non-commercial purposes;

2. To view any User Content to which you are permitted access solely for your personal and non-commercial purposes;

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Talito. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Talito or its licensors, except for the licenses and rights expressly granted in these User Terms.

5. APPLICATION LICENSE

Subject to your compliance with these User Terms, Talito grants you a limited non-exclusive, non-transferable license to use the Application for your business use.

You shall not

1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;

2. Modify or make derivative works based upon the Service or Application;

3. Reverse engineer or access the Application in order to

1. design or build a competitive product or service

2. design or build a product using similar ideas, features, functions or graphics of the Service or Application,

3. copy any ideas, features, functions or graphics of the Service or Application,

4. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

Talito will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Talito may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms.

You acknowledge that Talito has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

6. COPYRIGHT POLICY

Talito respects copyright law and expects its users to do the same. It is Talito’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.

7. TERM AND TERMINATION OF THE CONTRACT

The Contract between Talito and you is concluded for an indefinite period.

You are entitled to terminate the Contract at all times by informing us to deactivate your account.

Talito is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:

1. violate or breach any term of these User Terms

2. in the opinion of Talito, misuse the Application or the Service. Talito is not obliged to give notice of the termination of the Contract in advance. After termination Talito will give notice thereof in accordance with these User Terms.

8. INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.

If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

9. MODIFICATION OF THE SERVICE AND USER TERMS

Talito reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by sending you notice through the Service, Application or via email. Talito may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

10. NOTICE

Talito may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Talito's account information, or by written communication sent by regular mail to your address on record in Talito's account information.