Terms of Service & Privacy Notice

"Talkerz" is a trade name of Envoy Global Study Link LLC (the "Company," "we," "us," "our"), a United States limited liability company. Contact: admin@talkerz.net.

These Terms of Service ("Terms") govern access to and use of the Talkerz platform, websites, and related services (the "Service").

Talkerz is designed for schools and educational organisations ("Customer"). Teachers, staff, and students who use Talkerz through a Customer account are "Authorized Users."

If you are accepting these Terms on behalf of a school or organisation, you confirm you are authorised to do so and to bind the Customer.

If the Customer has signed a separate written agreement with the Company (an "Order Form," "MSA," or similar) (a "Customer Agreement"), the Customer Agreement controls to the extent it conflicts with these Terms.

Talkerz is designed to support English speaking practice in regions where an English-speaking environment is limited. The Company does not market the Service to residents of the United States, United Kingdom, Canada, or the European Union, and may restrict access from certain locations.

The Service may not be available or lawful in all locations. Customer is responsible for ensuring use is lawful in its jurisdiction and for complying with its own policies and safeguarding obligations.

The Service may be used by minors under a Customer's supervision.

Customer represents and warrants that it has obtained (and will maintain) the permissions and consents required under applicable law and school policy for minors to use the Service, including parental/guardian consent where required. Customer is responsible for appropriate supervision and classroom safeguards.

The Company does not require students to provide real names, home addresses, phone numbers, gender, date of birth, or government identifiers to use the Service. Customer is responsible for how accounts are provisioned (e.g., pseudonyms or internal student IDs) and for instructing students not to submit sensitive personal information into the Service.

Customer-appointed administrators and authorised staff ("Admins") may, by default:

• view Authorized Users' conversation transcripts and progress reports; and
• access usage analytics and related learning data,

for educational, quality assurance, and safeguarding purposes.

Customer is responsible for informing students and parents/guardians (where required) about this visibility and for ensuring it aligns with school policy and applicable law.

Customer and Authorized Users must not:

• violate any law or third-party rights;
• submit or request content that is unlawful, sexually explicit, exploitative, hateful, harassing, or that endangers minors;
• attempt to reverse engineer, scrape, probe, or bypass security or access controls;
• interfere with the Service's integrity (e.g., excessive automated requests, denial-of-service, malware);
• use the Service for phishing, spamming, or malicious activity; or
• use the Service to develop, train, or improve competing systems using the Service or outputs, except as permitted by law.

Talkerz uses generative AI. We use prompts, policies, and safeguards intended to reduce inappropriate content. However, AI-generated outputs may be inaccurate, incomplete, biased, or unexpected, and may occasionally include content that some users find inappropriate.

Customer and Authorized Users acknowledge:

• AI outputs are for educational purposes only and are not professional advice (including medical, legal, financial, or safety advice).
• We do not guarantee that AI outputs will be error-free, age-appropriate, or suitable for every user or context.
• Human oversight is important, particularly for minor students.

"User Content" includes text, prompts, responses, and audio recordings submitted through the Service. The Service stores and processes audio recordings and transcripts to provide core features (including progress reporting and teacher review).

Customer is responsible for ensuring it has the rights and permissions to submit User Content (including student audio) and for obtaining any consents required.

As between Customer/Authorized Users and the Company, Customer/Authorized Users retain ownership of User Content.

Customer grants the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and transmit User Content solely to:

• provide and operate the Service;
• create transcripts, feedback, and progress reports;
• maintain safety and security, prevent abuse, and debug;
• improve the Service as described in Section A10; and
• comply with legal obligations and enforce these Terms.

Where reasonably feasible, we may de-identify, anonymise, and/or aggregate User Content and Service usage data to:

• improve and evaluate the Service (including quality testing and performance evaluation); and
• conduct internal analysis and academic research, including publication of results in aggregated form that does not identify individuals.

We do not intentionally attempt to re-identify de-identified data, except as reasonably necessary for security, fraud prevention, or legal compliance.

The Service relies on third-party providers (e.g., hosting, analytics, email, and AI processing). In particular, User Content (including transcripts and prompts) may be transmitted to and processed by OpenAI API services on our behalf to provide AI functionality.

Third-party providers are permitted to process information only to provide services to us and must protect it under contractual obligations.

The Service, including software, design, templates, and Company-provided materials, is owned by the Company or its licensors and is protected by intellectual property laws. No rights are granted except as expressly stated.

We may suspend or terminate access (in whole or part) if we reasonably believe:

• these Terms have been violated;
• usage creates a security, safety, or legal risk; or
• suspension is necessary to protect the Service or others.

Customer may discontinue use at any time, subject to any Customer Agreement.

THE SERVICE AND AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR APPROPRIATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION. (b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR US$100 IF NO FEES WERE PAID).

A16.1 Informal Resolution. Before initiating any dispute, the complaining party should email admin@talkerz.net with a brief description of the issue and the requested resolution. The parties will attempt in good faith to resolve the matter for at least 30 days.

A16.2 Mediation. If unresolved, the parties agree to attempt mediation in good faith before arbitration. Mediation will be conducted remotely unless the parties agree otherwise.

A16.3 Arbitration. If mediation does not resolve the matter, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by AAA or JAMS (selected by the Company) under its applicable rules. Arbitration will be conducted remotely unless the arbitrator determines an in-person hearing is necessary.

A16.4 Federal Arbitration Act. This arbitration agreement is governed by the U.S. Federal Arbitration Act.

A16.5 Class Action Waiver. The parties agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

A16.6 IP Injunction Carve-Out. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

Except as governed by the U.S. Federal Arbitration Act, these Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules.

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., in-product notice). Continued use after the effective date constitutes acceptance.

This Privacy Notice explains how we collect, use, and share information when Talkerz is used by schools and their students/teachers.

In school deployments, the school/organisation ("Customer") typically controls account provisioning and classroom use. Teachers/Admins may have access to student transcripts and progress reports by default for educational and safeguarding purposes (see B5).

We do not require students to provide real names, home addresses, phone numbers, gender, date of birth, or government identifiers to use the Service.

Customer may provision accounts using pseudonyms or internal student identifiers. If Customer uploads rosters or other information containing names or identifiers, that data is treated as Customer-provided content.

A) Service and Device Data (automatic)

• Device/browser information, IP address, approximate location derived from IP, timestamps, and usage logs.
• Security and abuse-prevention signals.

B) Learning Interaction Data (core features)

• Conversation inputs and prompts submitted by users.
• AI-generated responses and related interaction metadata.
• Progress reports, learning analytics, and performance indicators.

C) Audio Recordings and Transcripts (stored)

• Audio recordings submitted through speaking features.
• Transcripts derived from audio and related conversation logs.

We store audio and transcripts to provide the Service, including teacher review, safeguarding visibility, and progress reporting.

D) Account and Admin Data

• Admin/teacher account details (e.g., work email).
• Student account identifiers provisioned by Customer (e.g., pseudonymous username or student ID).

E) Voluntary Research Survey Data (optional)

• If a user completes an optional survey, we collect the responses provided. Survey participation is not required to use the Service.

We use information to:

• Provide, operate, and maintain the Service;
• Create transcripts, feedback, and progress reports;
• Enable Customer dashboards and teacher/admin review features;
• Provide customer support and troubleshoot issues;
• Monitor, prevent, and address abuse, fraud, or security issues;
• Improve and evaluate the Service; and
• Conduct internal analysis and academic research as described in B6.

Customer Admins and authorised staff may, by default, access:

• student transcripts and progress reports; and
• usage analytics and learning data,

for educational, quality assurance, and safeguarding purposes.

Customer is responsible for informing students and parents/guardians (where required) about such access and for ensuring access complies with applicable law and school policy.

Where reasonably feasible, we may de-identify, anonymise, and/or aggregate learning interaction data (including transcripts and progress reports) to:

• improve and evaluate the Service; and
• conduct academic or internal research.

We do not intentionally attempt to re-identify de-identified data, except as reasonably necessary for security, fraud prevention, or legal compliance. If research results are shared publicly, we aim to present findings in aggregated form that does not identify individuals.

We do not sell personal data.

We share information only:

A) With service providers (processors/sub-processors) that help us operate the Service (e.g., hosting, analytics, email, and AI processing). These providers may process information only to provide services to us and must protect it.

B) With OpenAI (AI processing) — To provide AI features, relevant User Content (including transcripts and prompts) may be transmitted to and processed by OpenAI API services on our behalf.

C) With Customer — We share information with Customer and its Admins as necessary to provide the Service, including dashboards, transcripts, progress reports, and account administration.

D) Legal and Safety — We may disclose information if we believe in good faith it is necessary to comply with law, protect rights/safety/security, or prevent fraud or abuse.

E) With consent or direction — We may share information if Customer (or the user, where applicable) directs us to do so.

Information may be processed in the United States and other countries where we or our service providers operate.

We retain information as long as reasonably necessary to:

• provide the Service to Customer;
• maintain security, prevent abuse, and enforce agreements;
• comply with legal obligations and resolve disputes; and
• improve the Service and support research (in de-identified/aggregated form where feasible).

Customer may request deletion of Customer-controlled data by contacting admin@talkerz.net, subject to operational, security, and legal constraints.

We implement reasonable administrative, technical, and organisational safeguards. No system is 100% secure.

Customers may manage certain settings and permissions through admin controls. Privacy requests (access/correction/deletion) can be sent to admin@talkerz.net. Where a request concerns student data controlled by a school, we may direct the requester to Customer.

By enabling or deploying the Service, Customer represents that it has obtained all consents and authorisations necessary for students (including minors) and staff to use the Service and for the Company to process data as described in this Privacy Notice.