Terms of Service

The short version

• Your content is yours: We won't use your uploaded content for anything other than providing your audioguides (i.e. the Walkie Talkie service). It won't be used for AI training.
• Responsibility: You are responsible for the content you upload, including ensuring you have the necessary rights to the material.
• Security: Your content is stored securely on EU-based servers in compliance with data protection legislation.

Terms of Service

Introduction

These Terms and Conditions ("Terms") govern your use of the Walkie Talkie service provided by THOR MARTIN BÆRUG CONSULT, registered in Norway (org. nr. 827 995 932) ("Walkie Talkie," "we," "us," or "our") through our website. By using the Service, you agree to these Terms.

Use of the Service

You must be at least 18 years old to use Walkie Talkie. By using it, you confirm you meet this requirement. Use the Service for personal or internal business purposes only and comply with these Terms. Illegal or unauthorized use is prohibited.

Acceptable Use

You agree not to use the Service to upload, publish, or distribute content that:

• Is illegal, fraudulent, or promotes illegal activities
• Infringes upon intellectual property rights or other proprietary rights of others
• Contains hate speech, discriminatory content, or promotes violence or harm against individuals or groups
• Contains sexually explicit material involving minors
• Violates the privacy or publicity rights of others
• Contains malicious code, viruses, or other harmful components
• Impersonates any person or entity or misrepresents your affiliation with any person or entity

Walkie Talkie reserves the right to remove content that violates this Acceptable Use policy and may suspend or terminate accounts that repeatedly violate these terms.

User Content

You are responsible for all content you upload, including audio files, texts, images and videos. By uploading content, you grant us a license to display and process the content in any way necessary for providing the Walkie Talkie service. We generate QR codes and web links (URLs) that enable end-users (i.e. museum visitors) to access your audio guides. We will never share your content with anyone unless you actively ask us to.

Data Backup Responsibilities

We regularly back up all content stored on our servers as part of our standard operations. However, you are responsible for maintaining your own backup copies of all original content you upload to the Service. While we take measures to protect and securely store your content, Walkie Talkie is not responsible for any loss of data and recommends that you retain copies of all original materials outside of the Service.

Copyright and Intellectual Property

• We respect the intellectual property rights of others, and require that you do the same.
• You confirm that you have all necessary rights, licenses, and permissions to use and upload content to the Service.
• You are fully responsible for ensuring that all uploaded content (including images of artworks, videos, audio recordings, or texts) does not infringe upon third-party copyrights or other rights.

Walkie Talkie assumes no responsibility for copyright infringements committed by users of the Service.

Copyright Claims and Content Removal

By using the Walkie Talkie service, you acknowledge and agree to the following:

• Walkie Talkie reserves the right to remove any content upon receiving notice from copyright holders or their authorized representatives that such content may infringe on their intellectual property rights.
• You authorize Walkie Talkie to forward any copyright infringement claims directly to you as the account owner, including claims related to content uploaded by users you have invited to your account.
• Upon receiving notice from Walkie Talkie about a copyright claim, you agree to promptly address the claim and take appropriate action regarding the disputed content.
• Walkie Talkie may, at its sole discretion and without prior notice, temporarily or permanently remove any content that is the subject of a copyright claim.
• If Content that you own or control the rights to has been published on the Services in a way that constitutes copyright infringement and you want it removed, please contact hello@walkietalk.ie.
• Repeated copyright infringement claims against your account may result in the suspension or termination of your account.
• This process does not constitute legal advice, and we recommend consulting with a legal professional regarding specific copyright claims.

Indemnification for Copyright and Intellectual Property Claims

If someone claims that content you uploaded and made available content that violates their rights through our service:

• You agree to protect Walkie Talkie from any legal claims and costs (including lawyer fees) if your uploaded content is accused of violating someone else's rights.
• This includes situations where:
  • Someone claims you've used their copyrighted works, trademarks, or other protected content
  • Someone claims they own content that you've uploaded
  • Users you've invited upload content that violates others' rights
  • You've stated you have permission to use content when you don't
  • You haven't gotten proper permission before uploading someone else's content
• This responsibility continues even after you stop using our service.
• If such claims arise, we may take over the legal defense at your expense, and you agree to cooperate with our defense of these claims. You cannot settle these claims without our written permission.

Subscription Service

The Service is available through subscription plans. Details and pricing are available on our website or by contacting us directly. Subscriptions are billed via manual invoice. You can cancel your subscription by providing 30 days written notice, with cancellation taking effect at the end of the current paid period.

Service Limits

The Pilot subscription is a free tier provided "as is" with features as described on the website's marketing material. For paid (Pro) subscriptions, there is no limit on the number of exhibitions, chapters, languages, or duration. However, there is a limit of 2,000 minutes of audio generation per month, unless otherwise agreed in writing between you and Walkie Talkie. If you require additional capacity beyond this limit, please contact us to discuss custom arrangements.

Payment and Billing

You must provide valid billing information to subscribe. Subscription fees are invoiced in advance according to the agreed billing period. Payment is due within the terms specified on the invoice. Subscription fees are non-refundable, except where required by law.

Confidentiality

We treat your account information and unpublished content as confidential. Content you publish through the Service (audio guides, texts, images and videos) will be made available to end-users (i.e museum visitors) via QR codes and web links (URLs) as intended by the nature of the service. We will not disclose or use your content beyond what is necessary to provide the Walkie Talkie service, except as required by law. We take all measures to protect your content from unauthorized access or use (including protection against web scraping, search engine indexing, and text and data mining) and work to ensure it is only accessible through the intended service delivery.

Disclaimers

The Service is provided "as is" and "as available." We do not guarantee it will be uninterrupted or error-free 100% of the time. Downtime or problems with servers may occur from time to time.

User Invitations and Account Access

As an account owner, you have the ability to invite other users (e.g., colleagues) to your Walkie Talkie account. These invited users will be able to upload and manage content within your account.

• You are responsible for ensuring that all users you invite comply with these Terms of Service.
• All content uploaded by invited users is considered uploaded under your account and you bear responsibility for this content.
• You are responsible for managing access permissions for invited users and for removing access when appropriate.
• You acknowledge that actions taken by invited users within your account may affect your subscription, content, and legal obligations under these Terms.
• You agree to indemnify and hold Walkie Talkie harmless from any claims arising from content uploaded by users you have invited to your account.

Limitation of Liability

We are not liable for any damages arising from your use of the service, including direct, indirect, incidental, punitive, and consequential damages.

Termination

Walkie Talkie reserves the right to terminate or suspend your access to the Service at any time, with or without cause, and without notice, however not during an ordered and paid subscription term. Upon termination or expiration of your subscription, your existing audio guides will remain accessible to end-users for a 30-day grace period, unless otherwise agreed in writing between you and Walkie Talkie. In the event that a decision is made to terminate the Service, the Customer shall be duly notified at least thirty (30) days in advance of such termination. Furthermore, any fees prepaid for the Service that extend beyond the date of discontinuation shall be refunded in full to the affected parties.

Changes to the Service

Walkie Talkie reserves the right to modify the Service at any time, with or without notice. Changes to service prices can be made with a standard 30-day written notice.

Governing Law

These Terms and your use of the Service will be governed by and construed in accordance with the laws of Norway.

Dispute Resolution

Any disputes arising out of or in connection with these Terms or the Service will be resolved through binding arbitration in accordance with Norwegian rules. The arbitration will be conducted in Oslo, Norway.

Entire Agreement

These Terms constitute the entire agreement between you and Walkie Talkie regarding the Service and supersede all prior communications. For further information or questions, please refer to the full terms of service and privacy policy available on our website.