Terms Of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING TALKHUB'S SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
1. Introduction
1.1 Agreement. These Terms of Service ("Agreement") constitute a legally binding agreement between you ("User" or "you") and TalkHub ("TalkHub," "we," "us," or "our"), governing your use of TalkHub's services for managing OnlyFans chats ("Services").
1.2 Modification of Agreement. We reserve the right to modify or amend this Agreement at any time, in our sole discretion, without prior notice. You should review this Agreement periodically for any changes. Your continued use of the Services following the posting of any changes to this Agreement constitutes your acceptance of those changes.
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2. Services
2.1 Description of Services. TalkHub provides chat management services exclusively for OnlyFans content creators and agencies. Our services include but are not limited to managing and responding to chat messages on behalf of content creators, monitoring and moderating content, and providing customer support.
2.2 Independent Contractors. TalkHub operates as an independent contractor. We are not affiliated with OnlyFans, and our Services are not endorsed, sponsored, or affiliated with OnlyFans or any other third-party platform. We solely provide chat management services as outlined in this Agreement.
2.3 User Responsibilities. As a User of our Services, you agree to provide accurate and up-to-date information, including but not limited to login credentials, account information, and content guidelines. You acknowledge that TalkHub will act based on the information and instructions provided by you, and you are solely responsible for any consequences arising from inaccurate or incomplete information.
3. Intellectual Property
3.1 Ownership. You retain all ownership rights to the content you create and post on OnlyFans. TalkHub does not claim ownership over any of your intellectual property rights.
3.2 License. By using our Services, you grant TalkHub a non-exclusive, worldwide, royalty-free license to access, use, reproduce, distribute, and display the content solely for the purpose of providing the Services to you.
3.3 Confidentiality. TalkHub agrees to treat any confidential information you provide as strictly confidential and not disclose it to any third party without your prior written consent, except as required by law.
4. User Conduct
4.1 Prohibited Conduct. You agree not to engage in any of the following prohibited conduct while using our Services: a. Violating any applicable laws, regulations, or third-party rights; b. Posting, transmitting, or sharing any unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable content; c. Impersonating any person or entity, or falsely representing your affiliation with any person or entity; d. Interfering with or disrupting the integrity or performance of the Services or the data contained therein; e. Engaging in any activity that could harm or exploit minors in any way; f. Attempting to gain unauthorized access to TalkHub's systems or networks.
4.2 Compliance with Platform Policies. You acknowledge that OnlyFans has its own terms of service, guidelines, and policies. You are responsible for complying with OnlyFans' terms and any other applicable policies while using our Services.
5. Indemnification
You agree to indemnify, defend, and hold TalkHub harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your use of the Services, your violation of this Agreement, or your infringement of any third-party rights.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALKHUB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
7. Dispute Resolution
Any disputes arising out of or relating to this Agreement or the Services shall be resolved through binding arbitration, conducted by a mutually agreed-upon arbitration service in accordance with their rules and procedures. The arbitration shall take place in Czech republic. The costs and expenses of arbitration shall be borne equally by both parties.
8. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of Czech republic, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Czech republic.
9. Termination
Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, you will be responsible for any outstanding fees or charges incurred before the termination date.
10. Miscellaneous
10.1 Entire Agreement. This Agreement constitutes the entire agreement between you and TalkHub concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
10.2 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
10.3 Waiver. The failure of either party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
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11. Payment Disputes and Late Payment Penalties
11.1 In the event that you, as the User, refuse to pay for the Services provided by TalkHub in accordance with the agreed-upon terms, TalkHub reserves the right to pursue legal action to seek damages. You acknowledge that TalkHub may seek compensation of up to $10,000 in damages.
11.2 Additionally, for each day that the invoice remains unpaid after its due date, you shall be liable to pay a late payment penalty equal to 0,2% of the total unpaid amount. This penalty will accrue daily until the outstanding invoice is settled.
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By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please refrain from using TalkHub's Services.