Terms of Service

Last updated: December 21, 2025

These Terms of Service ("Terms") govern your use of the Talk and Comment website and web app at https://talkandcomment.com and the Talk and Comment Chrome Extension (collectively, the "Service"). The Service is provided by Talk and Comment LLC ("Talk and Comment", "TAC", "we", "us").

Our Privacy Policy (https://talkandcomment.com/legal/privacy) is incorporated into these Terms.

1. Acceptance of these Terms

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility and accounts

You must be able to form a binding contract to use the Service.

If you are under 18, you may use the Service only with the consent of a parent or legal guardian.
In educational contexts, schools and educators are responsible for providing required notices and obtaining any necessary parental consent.

You agree to provide accurate information and keep your account information up to date. You are responsible for safeguarding your account and for all activity under your account.

3. Communications

By creating an account, you agree to receive account and product emails (for example, service updates and optional weekly digest emails). You can manage preferences in Settings and/or via unsubscribe links where available.

We may also send transactional or service-related communications that are necessary to provide the Service.

4. Subscriptions, billing, trials, and refunds

4.1 Subscriptions and renewals

Some features require a paid subscription. Subscription terms, pricing, and billing cadence (monthly/annual) are presented at checkout. Subscriptions renew automatically until canceled.

4.2 Trials

We may offer free trials (for example, a 7-day trial). Trial length and eligibility are disclosed at checkout.

4.3 Cancellation

You can cancel a subscription through your account settings or by contacting support. Cancellation typically takes effect at the end of the current billing period unless stated otherwise at checkout or required by law.

4.4 Payment processing

Payments are processed by Stripe. We do not store full payment card details.

4.5 Refunds

Unless otherwise required by law or stated in a separate written agreement (for example, an educational institution agreement), refunds are handled as follows:

Free trial: A free trial is intended to let you evaluate Pro features. You can avoid charges by canceling before the trial ends.
7-day evaluation window (Pro activation): If you are charged for Pro service, you may request a refund within 7 days of starting Pro access. "Starting Pro access" means the date Pro features are first enabled for your account (whether via trial or paid subscription). We generally only approve refunds when the Service was used in normal ways and you provide a substantial reason (for example, the Service did not work for you as expected, critical features were broken, or support was unable to resolve an issue in a reasonable time).
No abuse/fraud: We may deny refund requests if we determine there was misuse, abuse, violation of these Terms, or fraudulent activity.

To request a refund, email support@talkandcomment.com with the subject line Refund Request and include your account email, the activation date (if known), and a brief explanation. Nothing in this section limits any rights you may have under applicable law.

5. Your content and license

5.1 Ownership

You own the content you create or upload, including audio recordings, transcripts, and summaries ("Content").

5.2 License to TAC

To operate the Service, you grant Talk and Comment a limited, worldwide, non-exclusive, royalty-free license to host, store, process, transcode, reproduce, display, and deliver your Content solely for:

Providing the Service to you and people you share with.
Maintaining, securing, and improving the Service.

You represent and warrant that you have the rights necessary to upload and share Content and that your Content does not violate applicable law or the rights of others.

6. Public sharing and link-accessible content

The Service supports sharing recordings via player links. Anyone with the link can access the recording and associated player page. We do not provide access controls for shared links.

Do not share Content containing sensitive or confidential information unless you intend for link recipients to access it.

7. Acceptable use

You agree not to:

Use the Service for unlawful, harmful, or abusive purposes.
Interfere with or disrupt the Service, including its security.
Attempt to access data or accounts you do not own or have permission to access.
Upload content that infringes intellectual property, privacy, or other rights.
Reverse engineer or attempt to extract source code except where such restrictions are prohibited by law.

We may suspend or terminate accounts that violate these Terms.

8. Recording limits and feature access

We may enforce usage limits and restrict certain features based on plan tier, account status, and compliance requirements (for example, anonymous limits or educational restrictions).

9. AI transcription and summaries

If you enable transcription features, you authorize us to send your audio to one or more transcription providers (currently OpenAI managed Whisper, but we may use other providers over time) and store transcripts. Summary features may use transcript text to generate automated summaries. These features may require a paid plan and can be disabled in Settings.

10. Educational use

If you are using the Service on behalf of an educational institution:

You represent that you have authority to agree to these Terms on behalf of your institution.
You are responsible for ensuring student use complies with applicable laws and school policies.
Student data remains the property of the student and/or the educational institution, subject to the limited license granted in Section 5.

If you are a student, you agree to use the Service only as permitted by your school or guardian and not to share account credentials.

11. Intellectual property

The Service and its original content (excluding user Content), features, and functionality are owned by Talk and Comment LLC and its licensors and are protected by intellectual property laws.

12. DMCA copyright policy

We respect intellectual property rights and respond to valid notices of alleged copyright infringement.

12.1 How to submit a DMCA notice

If you believe content on the Service infringes your copyright, email support@talkandcomment.com with the subject line DMCA Notice and include:

Your physical or electronic signature.
Identification of the copyrighted work you claim is infringed.
Identification of the allegedly infringing material and enough information to locate it (for example, a URL).
Your contact information (address, phone number, email).
A statement that you have a good-faith belief the use is not authorized.
A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on behalf of the owner.

12.2 DMCA agent contact

Email: support@talkandcomment.com (Subject: DMCA Notice)

12.3 Counter-notices

If you believe content was removed by mistake, you may submit a counter-notice consistent with the DMCA.

13. Third-party services and links

The Service may contain links to third-party sites or services. We are not responsible for third-party content, policies, or practices.

14. Termination

You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms, if required by law, or for security reasons.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALK AND COMMENT LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. Governing law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

18. Changes to these Terms

We may update these Terms from time to time. We will update the "Last updated" date and, when appropriate, provide additional notice. Continued use of the Service after changes take effect means you accept the updated Terms.

19. Contact

Email: support@talkandcomment.com For education-related questions, include "Education" in the subject line.