Terms of Service (Hyvor Talk)

Last updated: 2024-08-01

These Terms of Service ("Terms") govern your use of Hyvor Talk ("Service", "Product") and are an extension of the general terms available at https://hyvor.com/terms. Please read these Terms carefully before using the Service.

1. APPLICATION OF TERMS

These Terms apply to all users of Hyvor Talk (https://talk.hyvor.com), including:

  • Website Owners: Direct customers who embed Hyvor Talk on their websites
  • End users: Users (commenters, members) who view and interact with Hyvor Talk embeds.

By using Hyvor Talk in any capacity, you agree to be bound by these Terms.

2. WEBSITE ELIGIBILITY

  • You must be the owner of the website or have permission from the owner to embed Hyvor Talk.
  • You must operate legally in their jurisdiction of origin and in France, as well as any other applicable jurisdictions based on the website's audience.
  • Your website or its content must not exploit or endanger children in any way.
  • Your website or its content must not promote pornography.
  • Your website or its content must not promote violence, criminal acts, terrorist activity, human trafficking, mass murder, or similar violent activities.

Websites that fail to comply with these eligibility guidelines will be given a 7-day notice before being banned from using the Service. For questions regarding eligibility, please contact [email protected].

3. COMMENTS

3.1 Spam

  • Spam is defined as irrelevant or unsolicited comments posted on one or multiple websites within our network for purposes such as advertising, phishing, or spreading malware.
  • Hyvor Talk employs Machine Learning and Large Language Models to automatically detect and remove spam comments, subject to individual website settings.

3.2 Moderation

  • Website Owners are responsible for enforcing their own moderation rules and policies in accordance with their jurisdiction and website policies.
  • Website Owners reserve the right to delete any comment at any time for any reason, and may ban users or IP addresses to prevent further comments.
  • Website Owners are obligated to remove any unlawful content as defined by their jurisdiction or ours.
  • We reserves the right to intervene in moderation in cases of Terms violations, threats to individuals or groups, or any other legal disputes.

3.3 Comment Content

  • Comments published through Hyvor Talk are public. Therefore, users should refrain from sharing sensitive information such as passwords, credit card details, or personal addresses in their comments.
  • Users are prohibited from posting comments that:
    • are defamatory, abusive, harassing, or threatening;
    • contain hate speech or discriminatory language
    • infringe on copyrights, trademarks, or other intellectual property rights
    • include personal or private information about others without their consent
    • contain malicious code, viruses, or other harmful components
    • attempt to manipulate or interfere with the service's functionality
  • Hyvor Talk reserves the right to remove any content that violates these guidelines or our Terms of Service. Repeated violations may result in account suspension or termination.

4. NEWSLETTER

The newsletter feature allows Website Owners to collect subscriber information and send emails to their subscribers. Use of this feature is subject to all applicable laws and regulations, including but not limited to anti-spam and data protection laws.

  • Website Owners must obtain clear and explicit consent from individuals before adding them to any newsletter list.
  • The subscription process must clearly communicate the nature and frequency of the newsletters.
  • Hyvor Talk handles the unsubscription process for all newsletters. Website Owners must not interfere with this process in any way, including but not limited to using custom CSS to hide unsubscribe URLs, employing any tricks or techniques to obscure or disable the unsubscribe functionality.
  • Website Owners agree not to use purchased, rented, or third-party lists of email addresses.

4.2 Content and Sending

  • Website Owners are solely responsible for the content of their newsletters.
  • Newsletters must not contain any illegal, harmful, or offensive content as defined in the Comment Content section.
  • Website Owners agree not to use the newsletter feature for spam, phishing, or any other malicious purposes.
  • Website Owners agree not to use the Services in any way that may cause Hyvor Talk legal liability or disrupt others' use of the Service.
  • Hyvor Talk reserves the right to monitor newsletter usage for compliance with these terms.

5. MEMBERSHIPS

The Memberships feature allows Website Owners to offer paid subscriptions to their users through Hyvor Talk. This feature utilizes Stripe Connect for payment processing.

  • The Memberships feature is provided "as is" without any warranties, express or implied.
  • Hyvor Talk does not guarantee any level of sales or revenue from the use of this feature.
  • Hyvor Talk's liability related to the Memberships feature is limited to the amount of fees collected for this service in the month preceding any claim.
  • Hyvor Talk reserves the right to suspend or terminate the Memberships feature for any Website Owner found to be in violation of these Terms.
  • In the event of termination, Website Owners are responsible for migrating their members and subscription data to another platform.

5.1 Stripe Connect

  • To use the Memberships feature, Website Owners must create and connect a Stripe account.
  • Website Owners are responsible for complying with Stripe's Terms of Service and Stripe Connected Account Agreement.
  • Hyvor Talk is not responsible for any issues arising from the use of Stripe's services.

5.2 Subscription Management

  • Website Owners are responsible for setting appropriate pricing and managing their subscription tiers.
  • Hyvor Talk will handle the technical aspects of subscription management, including recurring billing and cancellations.

5.3 Payment Processing

  • All payments are processed through Stripe.
  • Hyvor Talk does not store or have access to full credit card information.
  • Website Owners are responsible for any disputes or chargebacks related to payments.

5.4 Revenue Sharing

  • Hyvor Talk will deduct a service fee from each transaction. The current fee structure is available on our pricing page.
  • Remaining funds will be transferred to the Website Owner's connected Stripe account according to Stripe's payout schedule.

5.5 Tax Compliance

  • Website Owners are responsible for determining, collecting, and remitting any applicable taxes on their membership sales.
  • Hyvor Talk is not responsible for tax calculation, collection, or remittance on behalf of Website Owners.

5.6 Content Access Control

  • Website Owners are responsible for implementing and maintaining appropriate content access controls for their paid members.
  • Hyvor Talk provides tools to assist with access control but is not responsible for any unauthorized access to content.

5.7 Member Data

  • Website Owners must handle member data in compliance with all applicable privacy and data protection laws.
  • Website Owners agree to only use member data for purposes directly related to their membership services.

5.8 Prohibited Use

Website Owners must not use the Memberships feature for:

  • Selling illegal goods or services
  • Fraudulent activities
  • Pyramid schemes or multi-level marketing
  • Any purpose that violates applicable laws or regulations
  • Any purpose that listed on Stripe Restricted Businesses list available at https://stripe.com/restricted-businesses

6. HYVOR TALK SUBSCRIPTION

  • Hyvor Talk is a subscription-based service. Website owners are required to pay the applicable Fees to use the Service.
  • Fees are subject to change at any time. Changes will be communicated to Website Owners via email or through the Service.
  • We offer monthly and yearly subscription options. You may upgrade or downgrade at any time. Prices are prorated, and you will be billed immediately for any changes.

6.1 Free Trial

  • Hyvor Talk offers a 14-day free trial for new users.
  • No payment information is required to start the free trial.

6.2 Plans and Pricing

  • Features and plans are described on our pricing page at https://talk.hyvor.com/pricing.
  • All prices shown include applicable VAT charges.
  • Payments are processed by Paddle.com, which acts as the Merchant of Record.

6.3 API Credits

  • Each plan has a monthly maximum credit limit.
  • API credits are consumed on events such as embed load, newsletter email sent, etc. Details are available on the pricing page.
  • Credits are reset at the beginning of each month and are not rolled over.

6.4 Credits Overage

  • For embeds and API, occasional overages are permitted. If overages occur in two consecutive months, embeds and APIs will be disabled until you upgrade or until the beginning of the next month.
  • For newsletter emails, overages are not allowed. You must upgrade if an issue you send would exceed the API credits limits for the current month.
  • You will be notified via email about any overages.

6.5 Payment Failure

  • If your payment fails, you will receive an email notification.
  • We will attempt to charge your payment method 4 times over 14 days.
  • If all attempts fail, your subscription will be automatically canceled.

6.6 Refunds

  • We do not provide refunds except for unintentional auto-renewals.
  • If you did not intend to renew your monthly or annual subscription, you must contact us within 7 days to request a refund and cancel your subscription.