These Terms of Use (Terms) govern your access to and use of the products, features, apps (hereafter “Products”), services, technologies, and software we provided on this and related websites, except where we expressly state that separate terms (and not these) apply. In this document, “we”, “our”, and “us” refers to Talk Liberation ehf. (hereafter, “Talk Liberation”) and its administration and related services.

We operate and administer various digital applications including but not limited to Panquake, (hereafter, all together “Apps” or separately “the Application” or “the Platform”). By accessing or using the Application, you agree to comply with these Terms. These Terms therefore constitute an agreement between you and Talk Liberation. If you do not agree, please do not use the platform or related services. If you have been granted access to and use of the Products or the Services by and on behalf of the primary account holder, whether directly or through an administrator, you also agree to abide by this Agreement.

1. Acceptance of Terms:

   These Terms are binding and govern the use of the Application and the Services available to you via the Application as described in more detail below. Each time you use this Site you agree to these terms.



2. Update to Terms:

   Talk Liberation reserves the right to update or change these terms by posting the most current version to the Site with a new Effective Date. By continuing to use the Site you agree to any such changes. If you disagree, please discontinue using the Site and Services.



3. Privacy:

   We take privacy and security extremely seriously. Respecting your data sovereignty and the preservation of your digital self is important to us. If you have any questions or concerns about our privacy policy or our use of data, please get in touch with us at privacy@talkliberation.com. (Please refer to our Privacy Policy for more information).



4. Usage:

   The Site and Services are made available by Talk Liberation for legal and legitimate purposes only. Such usage does not include mass messages or mailings that constitute “spam” or violate CAN-SPAM or GDPR regulations.



5. Intellectual Property:

   The Application and Services are ethical Free and Open-Source Software (FOSS). “Panquake”, “Talk Liberation”, and all related brands, slogans, trademarks, service marks, and logos are property of Talk Liberation and cannot be used without explicit written permission.



6. Your Responsibilites:

   You agree to use the Application in accordance with the Terms and not to:
   • Engage in unauthorized scraping, data mining, or automated access via prohibited scripting or similar activities constituting anything other than fair use of the platform for its intended purposes.
   • Transmit harmful, illegal, 18+ or NSFW content, including malware or spam.
   • Identity impersonation or misrepresentation of affiliation with any entity.
   • Violate any applicable laws or regulations.
   • Engage in any other Misconduct (as described in Section 8 below).
   
   

7. Liability and Indemnity:

   You are solely responsible for your use and interactions with others as a result of using the Application and Services. That means that by agreeing to these Terms of Service, you agree to indemnify and hold Talk Liberation, its directors and employees, and business partners harmless from and against any loss, damage liability, cost or expense of any kind (including attorneys’ fees) that may incur (including third party claims) in connection with your use of the Services or access to the Application, or your violation of either these Terms, applicable law, or the rights of any third party.



8. User Misconduct:

   Talk Liberation staff reserve the right to restrict the participation of users who act inappropriately or in an unreasonable manner inconsistent with the values and stated purposes of the service at any time and for any reason. This misconduct is defined broadly to include (but is not limited to) systematic harassment, spamming, threats, illegal activity, and/or any pattern of behavior which is objectively harmful.



9. Limitation of Liability:

   Talk Liberation is not liable for your use of the Application and Services, which are provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. Talk Liberation reserves the right to take down any material or links to any material for any reason. Such removal may occur in the event of an emergency, if it contributes to or constitutes a threat to an individual or group, or if it violates applicable law in regard to our Site and Services or the policies of our hosting company.



10. Refusal of Service:

    Talk Liberation reserves the right to refuse use of the Site and Services to any user, person, or entity.



11. Third parties Links or Services:

    The Application may contain links to third-party websites, services or applications. We are not responsible for the content or practices of these sites and encourage you to review their terms and policies before engaging with them. Talk Liberation may utilize third parties services. Talk Liberation is not responsible for the conduct of these third parties. The policies of these third parties are not authored, influenced, or implemented by us.



12. Data Requests:

    We are committed to compliance with data protection laws including GDPR and CCPA or any other applicable law in your country. Send data deletion and download requests, or questions regarding these Terms to privacy@talkliberation.com



13. Customer Information:

    • All information related to purchases is handled through a secure connection provided by a third party merchant integration service.
    • Talk Liberation does not obtain, retain or store credit card numbers or Personally Identifiable Information (PII), related to payment information on our servers.
    • Talk Liberation staff uphold strict internal policies against unauthorised disclosure or use of personal information. We will never share your information with parties outside our organisation unless we have explicitly made you aware that we may do so, and under what circumstances, before you give it to us.
    
    

14. Permissions:

    1. Device Permissions
       
       • There are no obligatory permissions. The application does not require permissions from your device in order to be downloaded, installed or to load.
       • Permissions may be required to use some of the advanced features. Use of those features displays a prompt for a specific access to be granted, which is then accepted or denied by you, voluntarily on a case by case basis.
    2. The permissions you give us:
       In order to provide you with our services, we may need certain permissions from you. Such as:
       
       i. Posting content: Content may contain embedded or attached multimedia files such as static images, moving or animated images, photos, videos or documents in various formats and in various quantities. You may be entitled to protection under intellectual property laws for the creation or dissemination or publication of this content.
       
       In such an event, Talk Liberation acknowledges your potential ownership of intellectual property rights (for example, copyrights, trademarks or other such vehicles for obtaining or asserting intellectual property rights) as pertain to content created or shared within or via the application or related sites and services. These Terms of Use do not detract or deter from any rights that you may have to your own intellectual property. Your content is yours to share in a manner, time and place of your choosing.
       
       Unlike many other commercial platforms, we do not store your digital content in our infrastructure, nor do we retain copies of it and importantly we do not on-sell, monetise or commercially exploit it or any data derived from it to any third party. That said, in the course of providing you with services we need you to grant certain legal permissions in order for us to facilitate the completion of your system requests.
       
       Therefore, by using our platform you freely license us to utilize the content provided by you in order to complete the provision of services to you and other users of the platform. This is solely for the purposes of providing and improving our Products and services as described in this agreement.
       
       The nature of the license is agreed to be non-exclusive, transferable, sub-licensable, royalty-free and worldwide. This will allow us to process and complete network and application activities required in order to render your content into the front end of the application and make it visible to yourselves and others, and/or to make it available for your later use. This license will be terminated when and if the content in question is deleted or your account is disabled, suspended or banned.
       
       Importantly: we do not transmit your data or content for the purposes of parsing it to or through any AI or LLM service. Panquake is 100% free of any AI algorithms, AI chatbots, or third party AI integrations or services.
       
       ii. Account Deactivation and Deletion: You may deactivate or delete your Panquake account at any time and with no obstacles placed to deter you from doing so. You may also reactivate your account at any time, however reversing an account deletion is not possible.
       
       Both deactivation and deletion result in content and interactions that you have posted or engaged in no longer being visible within the front end of the application or to other users. However, back end content addressing, hashes, etc may still have imprints retained on the blockchain. The blockchain does not directly store content – only addresses - and therefore does not need content to be removed from it.
       
       Content may persist:
       
       • If screenshots or other methods of capture or duplication of your content have occurred at a date prior to your account deletion or deactivation (in which case the license for use that you grant to us will continue to apply until that content is deleted)
       • If it persists on the third party upload service via which it was originally posted, which is beyond our control
       
       We may retain the hashes or addresses to the third party upload service to which the content was posted, in perpetuity via the blockchain. The blockchain itself is a public repository of information recording user actions and activities and is available to all network users at all times, including potentially to judicial or administrative authorities, law enforcement or a government agencies within any global jurisdiction.
       
       Requests from any such entity for compliance with any instruction by them will be referred to the public blockchain records as no other copies of content or user communications, or user PII are stored or retained by us in any form.
       
       iii. Permission to display your name and profile picture within the front end of our application and, depending upon your user settings, in the partial array lists that appear in search dropdowns via the user lookup search directory service. This is solely for the purposes of providing and improving our Products and services requested by users when using our platform.
       
       

15. Payment Processing

    We use ancillary services for payment processing, which requires sharing information related to subscriptions (duration, price, currency, validity or expiry period but not any PII) over a secure connection, under legal agreement that appropriately controls its use and retention. We may establish similar arrangements with other service providers, but always use privacy and security as key criteria when selecting them, and we do not share any more data than necessary for those providers to perform their duties. PII collected by those providers is not ingested back into our platform. We are supplied only with a confirmation that a transaction has been completed in order to update the account subscription status within our application, without in any way exposing the personal or payment information of the user.
    
    Merchant payments are processed c/o IT Innovations FZ-LLC, FDRK5764, Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates, Registration ID: 5027114 via the N-Genius platform of Network International Holdings, a payment processor, or its associated merchant bank/s for the sole purpose of collecting the required personal data, verifying the information and to collect and confirm payment for the services provided.
    
    Panquake is administered by Talk Liberation ehf. Kalkofnsvegi 2 101, Reykjavík, Iceland. Registration ID: 410721-2440.
    
    For correspondence, please, email at contact@talkliberation.com