This Tala User Service Agreement (the "Agreement") constitutes a legally binding contract between you and Tala (the "Company" or "Tala"). By accessing, using, or interacting with the Company's services in any manner, you explicitly and unconditionally accept this Agreement and all policies and guidelines referenced herein, and agree to be bound by them.
This Agreement governs the user's access to and use of the Tala mobile application, website, and all related services (collectively, the "Services"). Users must understand that use of the Services constitutes full acceptance of this Agreement, which has the same legal effect as signing a written contract. The Company does not claim any ownership rights over the text, files, images, videos, sounds, musical works, or other materials that users share through the Services ("User Content"). However, users must comply with this Agreement and all relevant laws, regulations, and Company policies when using the Services.
For the purpose of this Agreement, the following key terms have specific meanings:
Tala's Privacy Policy, Community Guidelines, and Virtual Item Purchase Policy are expressly incorporated into this Agreement by reference. These documents form an inseparable part of this Agreement. A violation of any incorporated policy is considered a material breach of this Agreement. To ensure user awareness and compliance, the Company will employ best practices to ensure easy access to these legal documents, such as providing prominent links in the application's settings menu, profile pages, and at data collection points (e.g., registration or checkout).
Tala reserves the right to revise this Agreement at any time, but this will not affect the user's legal rights. Users are responsible for regularly reviewing this Agreement for such changes. The user's continued access to or use of the Services after the new terms take effect signifies acceptance of the new terms.
However, for critical terms involving the relinquishment of user rights, such as substantial changes concerning fees, limitations of liability, or the arbitration agreement, the simple principle of "continued use equals acceptance" is insufficient to ensure legal enforceability. Therefore, for modifications that significantly impact user rights and obligations, Tala will provide notice before the update (e.g., 30 days in advance) and require users to confirm acceptance of the new terms through an affirmative action (e.g., clicking a confirmation box) before continuing access to the Services. If the user does not agree to the new terms, they must stop accessing or using the Services.
The Company strictly controls platform access and clearly defines the user's responsibility for maintaining account integrity.
The user hereby represents and warrants that the user is at least eighteen (18) years of age or has reached the age of legal majority in their jurisdiction of residence. The Service strictly prohibits use by individuals under the age of 18.
The user is responsible for safeguarding the confidentiality of the password used to access the Services and for any activity or action under that password, regardless of whether the password is for our Service or a third-party service. The user agrees not to disclose their password to any third party. The user must immediately notify the Company upon becoming aware of any security breach or unauthorized use of their account. Failure to provide accurate, complete, and up-to-date information constitutes a breach of this section and may result in the immediate termination of the account.
This section clearly defines intellectual property ownership and grants Tala the necessary operational rights to process User Content.
The Services contain content owned by Tala ("Tala Content"). Tala Content is protected by copyright, trademark, patent, trade secret, and other laws. Tala owns and retains all rights in Tala Content and the Tala Services. Tala grants the user a limited, revocable, non-sublicensable license to reproduce and display Tala Content (excluding any software code) solely for the user's personal use in connection with viewing the Site and using the Tala Services.
Users retain ownership of the text, files, images, videos, sounds, musical works, or other materials (collectively, "User Content") posted on or through the Tala Services. The user represents and warrants that: (i) the user is the rightful owner of the content posted by or through the Tala Services, or possesses the appropriate authorization to grant the license described in this Agreement; (ii) the user's posting and use of the content on or through the Tala Services do not infringe on any individual's privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights.
The user hereby grants to Tala, its affiliates, and other parties acting under Tala's direction, a non-exclusive, fully paid, royalty-free, worldwide, transferable, irrevocable, and sublicensable right and license to perpetually use the User Content in any form (including but not limited to video, internet posting, reproduction, display, publication, and distribution).
The granted license includes all rights to use, host, copy, modify, adapt, translate, distribute, prepare derivative works of, perform, and publicly display the User Content for any purpose related to the Services, including but not limited to the operation, promotion, advertising, and marketing of the Services, and in any media channels now known or hereafter developed.
This irrevocable license is granted to ensure the Company can continue to use high-value or archived User Content for marketing and promotional activities, even after the user ceases use or deletes their account. This provides the platform with business insurance to mitigate potential legal risks arising from former users attempting to reclaim ownership of content.
Tala reserves the absolute right, but is not obligated, to monitor, screen, delete, or remove any User Content, regardless of whether it violates this Agreement, and without prior notice. Tala will not be liable for the loss, corruption, modification, or removal of any User Content.
The user understands and agrees that Tala is not a backup service. Tala encourages users to maintain their own backups of their content. The user expressly waives the right to seek damages and agrees to hold Tala harmless from any such loss, modification, corruption, or removal. The Company may store deleted content for compliance with certain legal obligations, but such content is typically not retrievable without a valid court order.
This section defines the platform's economic structure, classifying Virtual Items as licensed assets to mitigate financial risk and regulatory scrutiny.
Virtual Items (such as virtual gifts used for tipping or virtual currency like "Tala Coins") are granted to the user via a license, restricted solely for use within the Services.
Virtual Items constitute a limited, personal, revocable, non-transferable license to access specific features. Virtual Items do not constitute user property and have no legal monetary value outside of the Services. Users may not sell, transfer, or exchange them for real currency, goods, or services, whether through Tala or any third party. This explicit license definition is a legal defense mechanism that allows Tala to exercise the right to freeze or confiscate Virtual Items upon discovering fraudulent activity without undergoing the same legal processes required for disposing of user property.
All purchases of Virtual Items are final and non-refundable. Tala is under no obligation to provide refunds or compensation for any unused Virtual Items for any reason (including, but not limited to, account termination or user self-deletion). The user should clearly understand that this is standard practice in the digital goods industry, designed to mitigate chargeback risks.
If Tala discovers or has reasonable suspicion that any Virtual Items were acquired through fraudulent, illegal, or unauthorized means, or are in an abnormal status, Tala reserves the right to immediately freeze, suspend, disable, ban, or revoke such Virtual Items. Such actions may lead to account termination. This explicit revocation mechanism is crucial for maintaining the integrity of the platform's economy and for anti-fraud compliance.
| Feature | Policy Provision | Legal Purpose |
|---|---|---|
| Nature of Virtual Items | Licensed digital content (revocable license). | Protect Tala's intellectual property; avoid classification as a financial instrument. |
| Refund Provision | All purchases are final and non-refundable. | Industry standard for digital goods; mitigates chargeback risk. |
| Fraudulent Acquisition | Can be immediately frozen, suspended, or revoked. | Key for platform integrity and anti-fraud compliance. |
| Transferability | May not be transferred, sold, or exchanged outside of Tala Services. | Ensures the platform's closed-loop economic system. |
We take the protection of minors' personal information very seriously. In accordance with applicable laws and regulations, individuals under the age of 18 are not permitted to register for or use any Tala products or services.
If you are a parent or legal guardian, you should guide minors in the proper use of the internet and our Services, and ensure that they comply with all terms of this Agreement.
Our products, websites, and Services are primarily designed for adults. Children should not create their own personal accounts without parental or legal guardian consent. For cases where children's personal information is collected with parental or legal guardian consent, we will only use or disclose such information as permitted by law, explicitly authorized by the guardian, or as necessary to protect the child's interests.
If we discover that children's personal information has been collected without verifiable parental consent, we will take prompt measures to delete the relevant data. Guardians have the right to request correction or deletion of the personal information of children under their care. After verifying the guardian's identity, we will process the request promptly.
We strictly comply with child safety policies and continuously optimize content review, algorithmic filtering, and reporting mechanisms to prevent content that is inappropriate for minors, including but not limited to obscene, violent, bullying, or misleading content.
For more details on how we protect the safety and privacy of children and minors, please refer to our Tala Child Safety Policy.
This comprehensive section establishes Tala's strict community standards to protect the platform and its users.
The user must not use the Services for any illegal or unauthorized purpose, nor may the user, in the use of the Services, violate any laws in their jurisdiction (including but not limited to copyright laws). Prohibited conduct includes, but is not limited to:
User Content must not contain the following:
Abusive, libelous, or otherwise harassing other people or groups is prohibited. Users agree to immediately report any false information or misconduct by any other user to the Company.
Violation of these terms will result in disciplinary action, which may include warnings, temporary suspension, permanent ban, content removal, or the freezing of Virtual Items, all at Tala's sole discretion. If Tala discovers or has reasonable suspicion that any of the user's Virtual Gifts were acquired in a fraudulent or illegal manner, or are in an abnormal status, Tala may freeze, suspend, disable, ban, or revoke such Virtual Gifts. If an account is frozen, suspended, disabled, banned, or revoked, the user may not create a second account or ask any other person to create a second account for them.
This section defines the conditions for the termination of the service relationship and the obligations that continue to be in effect.
Tala may immediately terminate or suspend the user's account without prior notice or liability for any reason whatsoever, including without limitation if the user breaches this Agreement or creates risk or possible legal exposure for the Company. Upon termination, the user's right to use the Services will immediately cease.
The user has the right to delete their account at any time by logging into Tala and selecting the "Delete Account" link in the "Account-Settings" control panel. Upon successful deletion of the account, the user will be unable to re-access their account or retrieve any information under it, and will be deemed to have voluntarily given up all rights and interests under their account, including their existing virtual currency and virtual gifts.
Tala reserves the right to suspend the Services at any time due to business planning or other reasonable reasons. The user understands and agrees that the Company bears no direct or indirect liability for suspending the Tala Services. The Company will send notice to the user within a reasonable time before the suspension.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation: the Perpetual License Grant (Section 3.3), Warranty Disclaimer (Section 8.1), Indemnification (Section 8.4), Limitation of Liability (Section 8.5), and Dispute Resolution Provisions (Section 9).
This critical section limits Tala's legal and financial risk through robust disclaimers and liability caps.
The user's use of the Services is at their sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Tala assumes no responsibility for any aspect of the information or content contained in any third-party materials or on any third-party websites accessible or linked to the Services. The user is responsible for evaluating whether to access or use third-party sites. Accordingly, if the user decides to use third-party sites, they do so at their own risk and agree that this Agreement does not apply to their use of any third-party sites.
The user hereby releases Tala from all claims, demands, or damages of every kind, known or unknown, in any way connected with: (i) any relationship arising between users of the Services; (ii) any dispute between the user and another user; or (iii) arising out of any services originating through the Services or otherwise provided by a user. Furthermore, the user agrees to immediately report to the Company any false information or misconduct provided by any user.
The user agrees to indemnify, defend, release, and hold Tala harmless (including its affiliates, directors, agents, and employees) from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) the user's content; (b) the user's use of the Services; (c) the user's breach of this Agreement; or (d) the user's violation of any law or the rights of a third party.
To the maximum extent permitted by law, Tala shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from the user's use of the Services, the conduct of other users, or unauthorized access to or use of User Content.
Tala's total aggregate liability to the user shall not exceed the greater of: (i) the amount the user paid to Tala for the Services in the twelve (12) months preceding the claim; or (ii) One Hundred US Dollars ($100.00 USD).
Jurisdictional Exclusion: To ensure the global enforceability of this clause, the aforementioned limitation of liability and maximum compensation amount do not apply to users residing in the European Economic Area (EEA) or the United Kingdom (UK), or elsewhere where such limitations are prohibited by law. This practice is adopted to comply with stricter consumer protection laws while maximizing protection for the Company in permissible jurisdictions.
This section adopts the standard for digital platform risk avoidance, mandating individual arbitration and waiving collective action rights. The user must carefully review these dispute resolution provisions, as they govern how disputes between you and Tala will be resolved.
This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region. Except for disputes subject to arbitration, the exclusive venue for any judicial action shall be the courts located in Hong Kong.
Any Dispute that is not informally resolved by Tala Customer Service must first be submitted to a mandatory informal resolution process. The initiating party must send a formal written notice to the other party's legal contact, detailing the claim and the relief sought. This informal process is a mandatory prerequisite to initiating arbitration. All offers, promises, conduct, and statements made during this informal process are confidential and shall not be used in any subsequent proceedings.
Any Dispute not resolved through the informal process shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION. The arbitration shall be administered by NAM (National Arbitration and Mediation), or an alternative administrator mutually agreed upon by the parties. Arbitration typically involves less discovery and appellate review than court litigation.
To the maximum extent permitted by law, both the user and Tala waive the right to a jury trial and the right to resolve disputes in court (except for Small Claims Court).
Both the user and Tala waive the right to file or participate in a class action against the other or otherwise seek relief on a class basis. To the maximum extent permitted by law, there shall be no right or authority for any claims to be arbitrated or litigated on a class, collective, representative, consolidated, or private attorney general basis.
The arbitrator may only award final relief in favor of the individual party seeking relief, and only to the extent necessary to provide the final relief warranted by that individual party's claim. The arbitrator may not award final relief for, against, or on behalf of anyone who is not a party to the arbitration on a class, collective, representative, or private attorney general basis.
If a court rules that any of these prohibitions in this paragraph are unenforceable as to a particular claim or request for relief (e.g., a request for public injunctive relief), and all appeals of that ruling are affirmed and become final, then the parties agree that that specific claim or request for relief shall proceed in court but shall be stayed pending individual arbitration of the remaining claims for relief. If this Class Action Waiver paragraph is deemed unenforceable, then the entirety of the Arbitration Provision (except for the Jury Trial Waiver and the Informal Dispute Resolution Process) shall be null and void. This reflects the essential nature of this arbitration agreement.
Either the user or Tala may choose to have an individual claim heard in Small Claims Court. If the request is made after arbitration has been initiated but before an arbitrator is appointed, the arbitration will be administratively closed by the arbitration provider (e.g., NAM).
To ensure the efficiency and economy of dispute resolution, arbitration discovery is strictly limited.
This Agreement, including all policies incorporated by reference, constitutes the entire agreement between Tala and the user regarding the Services and supersedes all prior communications and understandings.
Should any provision of this Agreement be held to be invalid, illegal, or unenforceable by a final judgment of a court of competent jurisdiction, such provision shall be automatically reformed to the minimum extent necessary to make it valid and enforceable, or, if reformation is not possible, severed. The validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and this Agreement shall be carried out as if such provision were not included.
Tala shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, infrastructure failure, or governmental actions. However, the Company will attempt, to the extent reasonably possible, to minimize the resulting loss and impact on the user.
Tala may assign this Agreement without restriction. The user may not assign or transfer any rights or obligations under this Agreement without Tala's prior written consent.
If you have any questions about these Terms, please contact us at:
Email: feedback@tayaapp.live