Terms of Service

Last updated: October 11, 2025

1. Agreement to Terms

By accessing or using Talky ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service. The Service is operated by Digital David AG ("Company," "we," "us," or "our").

Company Details:
Digital David AG
Weserstr. 4, 60329 Frankfurt, Germany
HRB 121238, Amtsgericht Frankfurt am Main
Vorstand: Nico Dorn
Vorsitzender des Aufsichtsrats: Ulrike Stagl
Inhaltlich Verantwortlicher gemäß § 7 TMG: Stefan Rühle

2. Description of Service

Talky is an AI-powered voice interview platform that enables companies to conduct automated candidate screening interviews via phone, WhatsApp, web voice, and video channels. The Service includes:

  • Multi-channel interview capabilities (phone, WhatsApp, web, video)
  • AI-powered conversation and evaluation
  • Interview transcription and analysis
  • Candidate assessment and reporting
  • Integration with Applicant Tracking Systems (ATS)
  • Analytics and performance metrics

3. User Accounts

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Types

  • Employer Accounts: For companies conducting interviews
  • Candidate Accounts: For individuals participating in interviews (optional)

3.3 Account Responsibilities

You agree to:

  • Provide accurate and truthful information
  • Maintain the security of your account
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree NOT to:

  • Violate any applicable laws or regulations
  • Discriminate based on protected characteristics (race, gender, age, religion, disability, etc.)
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to the Service
  • Reverse engineer or attempt to extract source code
  • Use the Service to harass, abuse, or harm others
  • Interfere with or disrupt the Service
  • Collect user data without permission
  • Impersonate another person or entity
  • Use automated tools to access the Service (except via our API)

5. Subscription and Payment

5.1 Pricing Plans

We offer various subscription plans as outlined on our pricing page. Prices are subject to change with 30 days' notice.

5.2 Billing

  • Subscriptions are billed monthly or annually in advance
  • Payment is due immediately upon subscription
  • All fees are non-refundable except as required by law
  • We accept major credit cards and bank transfers (for Enterprise)

5.3 Free Trial

We may offer a free trial period. At the end of the trial, you will be charged unless you cancel before the trial ends.

5.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds will be provided for the remaining subscription period.

6. Intellectual Property

6.1 Our Property

The Service and its original content, features, and functionality are owned by Digital David AG and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and store the content to provide and improve the Service.

6.3 AI Training

We do not use your interview data or candidate information to train our AI models without your explicit consent.

7. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy. We are committed to protecting your data in compliance with GDPR and other applicable data protection regulations.

7.1 Candidate Consent

You are responsible for obtaining all necessary consents from candidates before using the Service to interview them, including consent for recording and processing their data.

7.2 Data Processing Agreement

For customers in the EU, we will enter into a Data Processing Agreement (DPA) as required by GDPR.

8. Service Level and Availability

8.1 Uptime

We strive to maintain 99.9% uptime for our Service. However, we do not guarantee uninterrupted access and may perform scheduled maintenance.

8.2 Support

Support is provided via email and chat during business hours (9 AM - 6 PM CET, Monday-Friday). Enterprise customers receive priority support.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that the Service will perform substantially as described in our documentation.

9.2 Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 AI Limitations

While our AI technology is sophisticated, it is not perfect. We do not warrant that AI evaluations will always be accurate or that the Service will meet all your hiring needs. Final hiring decisions remain your responsibility.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALENTY.AI 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.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless talenty.ai, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or third-party rights
  • Your User Content

12. Compliance with Laws

You are responsible for ensuring your use of the Service complies with all applicable laws, including:

  • Employment and labor laws
  • Anti-discrimination laws (e.g., AGG in Germany, EEO in the US)
  • Data protection regulations (GDPR, CCPA, etc.)
  • Recording consent laws
  • Industry-specific regulations

13. Term and Termination

13.1 Term

These Terms remain in effect while you use the Service.

13.2 Termination by You

You may terminate your account at any time by contacting us or using the account settings.

13.3 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment
  • At our discretion if we cease offering the Service

13.4 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • You remain liable for all charges incurred before termination
  • We may delete your data after a 30-day grace period
  • You may export your data before termination

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after notification constitutes acceptance of the modified Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Berlin, Germany.

16. Dispute Resolution

16.1 Informal Resolution

We encourage you to contact us first to resolve any disputes informally.

16.2 Arbitration

If informal resolution fails, disputes may be resolved through binding arbitration in accordance with the rules of the German Arbitration Institute (DIS).

17. Miscellaneous

17.1 Entire Agreement

These Terms constitute the entire agreement between you and talenty.ai regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

17.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger or acquisition.

18. Contact Information

For questions about these Terms, please contact us:

  • Email: hello@talenty.ai
  • Phone: 069-348687777
  • Address: Digital David AG, Weserstr. 4, 60329 Frankfurt, Germany

By using Talky, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.