TR Talk APPLICATION Terms of Use

TR Talk § 1 (purpose)
TR Talk application, terms of use regulate the rights, obligations and other necessary matters between TR Talk GmbH (hereinafter referred to as “company”) and users in relation to the use of the TR Talk application (Push To Talk Service). By using or accessing TR Talk, you agree to the terms. 

TR Talk § 2 (definition)
The definitions of the terms used in this Agreement are set out below. “TR Talk Communication Service” refers to the TR Talk App and its associated services that “Users” can use regardless of the device (whether wired or wireless devices including PC and cell phone) being accessed.     “User” refers to members who have agreed to the “Terms” with the “Company” and access and use the “Service” of the “Company”.    “ID number” refers to a combination of letters and numbers that is automatically generated and selected by the “system”.    “Password” refers to a combination of letters or numbers selected by the “User” to protect privacy.    “Postings” refer to fonts, photos, videos and all types of files and links in the form of symbols, letters, language, sound, images and video that have been posted by “users” via the “TR Talk Service”.

TR Talk § 3 (announcement and change)
TR Talk application publishes the conditions on the first or on the second page of the service which becomes effective for users if a user agrees to the conditions. The Terms will be in full effect at the time they are applied to the Service after the user has agreed to the Terms. After approval and notification, changes will take effect for existing users.     The period of validity of the conditions begins from the time of the application to the delivery by a user up to the day on which the user cancels the account. Exceptions apply to services whose period of validity is noted separately.    Acceptance of the Terms implies the user’s responsibility to check for changes by visiting the company’s website regularly.    The Company may make changes to the Terms in accordance with relevant laws.    Continued use of the service after notification of the change according to the previous point means that the user accepts the change.    Users have the right to reject the change. The company cannot apply the change if the user has demonstrated a clear refusal within the notice period. In this case, the user can cancel the account within 15 days of explicit rejection. If the company cannot apply the previous terms to the user, the company can terminate the user account. Continued use of the service after the Effective Date constitutes acceptance of the change by the user.    If any section is found unenforceable, the remaining terms continue to apply.

TR Talk § 4 (interpretation)
The company may define separate conditions and operational guidelines (hereinafter “operational guidelines”) for individual services. If details conflict with the terms, the operating guideline is put in front.     Matters not covered by the Terms are subject to company policies, applicable laws and business practice. 

TR Talk § 5 (agreement)
Those who wish to be users (hereinafter “Applicants”) signal their acceptance of the terms and conditions when they apply for membership, and the company accepts this application.     The company generally provides services to applicants who request the service. However, the company may refuse or discontinue the provision of services in the following cases.    If an applicant was previously disqualified under this Agreement. However, it is excluded if the readmission has been approved by the company.    When incorrect information has been provided or no company requested information has been entered. Users who enter incorrect information are not entitled to any rights and can be punished by relevant laws. The company can later terminate the user agreement.    If a child under the age of 14 applies without the consent of the legal representative (parents).    When an application cannot be approved due to errors made by a user or a violation of regulations.    The company may request additional information from applicants if it is necessary for a type of service requested under the membership application.    The company can verify identity and proof of identity through special organizations according to the type of membership.

TR Talk § 6 (update of the user account)
1. Users can no longer change personal information after registration, users can view and change the profile picture at any time.
2. Company does its best to protect user privacy in accordance with applicable laws. The company’s data protection guidelines and relevant laws apply to the protection and use of personal data. However, the company’s privacy policy does not apply to any linked website other than the company’s official website.
3. Company is not responsible for any user account information or any other information revealed by user-made errors.
4. The company may request an ID or similar certificate from a user if this is necessary to verify the identity by providing the user with the reasons (purposes). The company cannot use them for any purpose other than notified and immediately destroyed once the goal has been achieved in a way that cannot be reproduced. 

TR Talk § 7 (obligations to protect privacy)
1. The company does its best to protect user privacy in accordance with applicable laws. The company’s data protection guidelines and relevant laws apply to the protection and use of personal data. However, the company’s privacy policy does not apply to any linked website other than the company’s official website.
2. You hereby declare that you agree that the TR Talk application has access rights to
3. Pictures (so that users can upload their own profile picture).
4. Telephone (while using the app, incoming calls are given priority.
5. Telephone number (required to activate the application via SMS)
6. Microphone, (so that users can converse and speak in the channels).
7. Location, location approval is for haulage companies, taxi companies to improve the work processes between the company and drivers, can be switched on / off at any time via the menu function.

TalkTalk 7-1 Location
Activate / deactivate location sharing:
You can activate / deactivate the location approval at any time via the menu function, location approval is for haulage companies, taxi companies to improve the work processes between companies and drivers. If you activate location sharing, your location will be visible. Location determination only works if it is activated via the menu function Activate and TR Talk in the foreground, background location information is not queried and also not saved.

Article 8 (Notification of “Users”)
1. Company may choose any method it deems appropriate, including email, SMS, telephone, unless otherwise specified in this Agreement, when Company notifies users.

TR Talk § 9 (Obligations of the “users”)
1. Users and business users are not allowed to perform the following steps.
1. Registering incorrect information when applying or making changes
2. Using other people’s information
3. Change the information published by the company
4. Transmission or publication of information and rules in the channels that are not approved and not tolerated by TR Talk
5. Insults, abuse, threats, racism
6. Advertising from third parties, send music (GEMA guidelines)
7. Discussions about politics
8. Unauthorized recordings of individual or group conversations
9. Unauthorized video recordings of individual or group conversations
10. Unauthorized (screenshot) desktop recordings of the design
11. Infringement of intellectual property rights, including corporate and third party intellectual property rights
12. Actions that damage reputation or disrupt the business of the company and others
13. Measures to post or publish violent messages, pictures, videos, voices and other information that violates public order, including the Service8. Acts in which you impersonate a company or a third party, or use other people’s information
14. Actions of unauthorized collection, disclosure or provision of personal information, registration information, access history of other users
15. Measures taken to compromise user account security, including others’ access to your own account11. Measures to use the service to make a profit without the consent of the company
16. Other illegal or improper acts
17. You may be asked to introduce yourself for age verification. Finally, we need to pay attention to the age groups and filter out minors.
18. In particular, users are asked to be on the channels on which their current location is located, as well as on their place of residence (§1). If you are in another country without written permission, your account may be suspended or deleted.
19. The use of fake GPS is prohibited. You can switch the location on and off at any time in the menu.
20. By registering with a smartphone, your device can access TR Talk services, A second or third smartphone, tablet or computer Registration multiple memberships are not permitted and prohibited. 

Selected freelance volunteers (administrators, webmasters, system operators, world admin, land admin, channel admin, moderators) ensure that the channels run smoothly remove the ducts.

TR Talk § 10 (provision of information and advertising)
1. The Company may post advertisements on the Service screen and website relating to the operation of the Service. The company is not liable for any loss or damage suffered by users as a result of participating, communicating or transacting with advertisers published on the website. 

TR Talk § 11 (Copyright)1. The copyrights of the data and images published by a user within the service lie with the user.2. The responsibility for any loss or problems caused by user bookings rests with the individual user and the company is not responsible for any damages.

TR Talk § 12 (ownership of rights)
1. TR Talk was registered in 2019 in the Duisburg District Court and in 2020 with the Patent Office in Munich DPMA on property rights. The name “TR TALK” may not be used anywhere without our written consent.1. TR Talk GmbH holds copyrights and intellectual property rights to the service. However, contributions by users and writings from partnership agreements are excluded.2. Copyrights and intellectual property rights in all trademarks, service marks, logos in connection with the service provided by the company, including the company-supplied service design, text, scripts, graphics and bidirectional transmission between users, are owned by the company or the company owns or has the right to use based on related laws.3. Company only grants users the right to use the Service in accordance with the terms and conditions established by Company in relation to the Service, and users cannot transfer, sell, or provide these as collateral.4. With this user agreement, users do not own the service or the intellectual property rights in the service, but have only received permission from the company to use the service. Therefore, users can only use the service in the form of information or for personal use.5.Users may not copy or distribute bidirectional transmission of texts, scripts and graphics created by the Company between users, including the use, copying and dissemination of status information about users obtained through the service for the purpose of generating profits unless clearly permitted. 6. Users may not attempt to produce by-products, inverted files, source code extractions related to the Service and the included software, unless the company gives clear written permission.

TR Talk § 13 (termination, deletion of the account)
1. Users or commercial users can request deletion, cancellation of their own account at any time, cancellation can be sent in writing to TR Talk, after receipt of the cancellation the deletion takes place within 14 working days. 2. If a user terminates this agreement, the entire date for the user at the time of termination will be destroyed and cannot be recovered unless the company stores user information in accordance with applicable laws and privacy policies.

TR Talk § 14 (access restriction)
1. Company may prevent users from using the service step by step, including warning, temporary suspension, permanent suspension, termination of the contract, if a user breaches the obligations of this agreement or disrupts the normal operation of the service.2. The company can immediately and permanently block a user in spite of the previous clause if the user violates relevant laws, including the provision of illegal software and the disruption of business, illegal communication and hacking, the distribution of malicious programs and actions that the Exceeding access rights. If a user is permanently blocked in accordance with this point 2, all benefits obtained by using the service will expire and the company will not provide any special compensation.3. If a user does not log in for more than twelve months, the company may restrict the user’s service use or, if necessary, prohibit the user from deleting the account in order to protect user information and improve operational efficiency.4. Company will comply with the usage and operation restriction policies for each service for the terms of the restriction and details of the scope of the usage restriction set forth in the clause.5. Company will notify a User in accordance with Article 8 [Notification of “Users”] if it restricts the Service or terminates the Agreement under this Article.6. Users can object to the limitation of the service under this article in accordance with the normal procedure of the company. When the company confirms that the object is appropriate, the company immediately restarts the service.

TR Talk § 15 (Limitation of Liability)
1. The company is exempt from the obligation to provide services due to natural disasters or equivalent unforeseen circumstances.2. Company is not responsible for any service issue, including difficulty accessing service and communication errors due to errors caused by users.3. The company is not responsible for the information, data, reliability of the facts and correctness regarding the service published by the users.4. The company is exempt from liability for transactions between users and between a user and a third party using the service as a medium.5. The company is not liable for free services, unless otherwise provided in the relevant laws.

TR Talk § 16 (compensation)
1. The user indemnifies the company if damage is caused by actions, postings or information provided by the user about the company.2. If a third party brings a lawsuit against the Company in connection with any user’s actions, postings or information in violation of the Terms, the User shall indemnify and indemnify Company from all damages, losses and costs of any kind (including reasonable legal fees and costs) in connection with such a claim. TR Talk § 17 (place of jurisdiction)1. The laws and regulations of the Federal Republic of Germany apply to lawsuits between companies and users.2. Disputes between companies and users are administered by the competent court in accordance with the relevant laws of the Federal Republic of Germany. 
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TR Talk – Chat § 1 General

1.1. TR TALK provides you with the chat platform free of charge.

1.2. These TR TALK – Chat finally regulate the use of the platform. We do not make individual agreements with you. With your consent to TR Talk – Push To Talk application and this chat, which you declared when registering, you have accepted the rules set out here for the use of the TR TALK platform.

Via the TR TALK – CHAT platform you can conduct/exchange texts, audio chats or video chats as well as images and documents with other users. Communication via the platform serves communication purposes in particular.

All users of the TR TALK – CHAT platform can basically communicate with each other via text, audio and video chats.

In public channels (rooms), every registered user of the TR TALK chat can participate and view the chat history.

 

Participation in such private chat channels is by invitation only.

You are not entitled to a specific availability of individual or all functions of the platform. The availability may be partially or fully restricted due to technical faults for which we are not responsible or for reasons of force majeure (power or internet failure, fire, explosion, earthquake, storm, flooding, pandemic). The same applies to maintenance work that serves to maintain or improve the operability and functionality or the security of the platform.

Users can share files (e.g. texts, images or voice messages) on the TR TALK – CHAT platform. TR TALK determines the maximum file size and retention period at its own discretion.

You grant us a free, unrestricted right of use that can be transferred to third parties for all non-encrypted content you have posted (e.g. text, images, videos), insofar as this is necessary to operate the platform in order to publish the content on the platform reproduce and make them accessible to other users. You may not post any content for which you do not have the necessary rights (e.g. a photo that you did not take yourself or people other than you are shown in the photo). This also applies if you make personal data of third parties accessible via the platform.

With the platform, we only provide the technical and organizational framework for using the functions for your own (communication) purposes. All content posted on the platform via your access is external information for TR TALK as the client of the technical service provider. Our own content is expressly marked as such by us or is support information for using the platform. All transmissions of content are exclusively for the operation of the

Platform provided and exclusively initiated by you or the other users.

We are not responsible for the correctness and completeness of the content you enter or otherwise provide. TR TALK is not responsible for backing up the user data held in the chat.

You are obliged to use the platform exclusively within the framework of the TR TALK – CHAT and TR TALK – APPLICATIONS rules. If you violate the rules, we can temporarily or permanently block access to the platform or, in the event of a persistent violation of the rules, delete access despite a request to remedy the violation.

privacy
We process personal data to operate the platform. In doing so, we observe data protection. You can find all information on this in the data protection information, which you can access at any time in the app and on the Internet at https://www.trtalk.eu/datenschutz.

Disclaimers
We make every effort to offer the Services without disruption. However, we cannot guarantee that this will always work.

Our Services are provided “as is” and “as available” and to the maximum extent permitted by law without warranties of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or non-infringement. In addition, while we try to provide a good user experience, we do not represent or warrant that: (1.a) the Services will always be secure, error-free, or fast; (1.b) the Services will always function without delays, interruptions or defects; or (1.c) that any Content, User Content, or information you receive through or through the Services is timely or accurate.

we have no responsibility or liability for any Content created, uploaded, posted, sent, received or stored by you or any other user or third party on or through our Services. You understand and agree that you may encounter offensive, illegal, misleading or otherwise inappropriate content for which we are in no way responsible.

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