Terms of Service

1. Acceptance of Terms

By accessing or using Talking Paper ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

You must be at least 16 years old to use our Service. By using the Service, you represent and warrant that you are at least 16 years of age.

1a. Scope of Service

This service is offered to natural persons for personal, non-commercial use. Commercial or organisational use — including use on behalf of an employer or other entity — requires a separate written agreement that defines data-processing roles (controller / processor) under Art. 28 GDPR. Contact support@talkingpaper.app to discuss B2B arrangements before signing up on behalf of an organisation.

2. Description of Service

Talking Paper is an AI-powered journaling application that helps users:

• Create and maintain digital journal entries
• Receive AI-generated insights and memory extraction
• Track mood and emotional patterns
• Engage in AI-powered conversations about their entries

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. User Accounts

Account Creation

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Account Security

You are responsible for safeguarding your account. We are not liable for any loss or damage from your failure to protect your account information.

4. User Content

Your Rights

You retain all rights to the content you create in your journal ("User Content"). By using the Service, you grant us a limited license to:

• Store and backup your content
• Process your content through our AI systems
• Display your content back to you
• Generate insights and memories based on your content

Content Standards

You agree not to create or upload content that:

• Is illegal, harmful, or offensive
• Infringes on intellectual property rights
• Contains malware or harmful code
• Impersonates others or is fraudulent
• Violates the privacy of others

5. Prohibited Uses

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. The Acceptable Use Policy lists the categories of conduct that are prohibited (including illegal content, harassment, scraping and automated abuse, attempts to extract training data, sock-puppet evasion, malware, and spam) and the warning → suspension → termination → legal-escalation enforcement framework we apply.

6. Intellectual Property

Our Property

The Service, including its design, features, and content (excluding User Content), is owned by Talking Paper and is protected by copyright, trademark, and other intellectual property laws.

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

7. Payment and Subscriptions

Pricing

Some features require a paid subscription. By subscribing, you agree to pay the fees indicated for that service.

Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Automatic renewal unless cancelled before the renewal date
• No refunds for partial subscription periods
• Price changes will be notified 30 days in advance
• Payments are processed by Paddle.com. Your bank statement will show a charge from Paddle

Refund Policy

All subscriptions include a 30-day satisfaction guarantee, subject to our refund conditions:

• 30-Day Window: Refunds available within 30 days for qualifying issues
• Qualifying Issues: Technical problems, service issues, billing errors
• EU/UK Residents: 14-day cooling-off period as guaranteed by law

For complete details, see our Refund Policy.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

If you use the Service on behalf of an organisation that acts as a data controller for personal data of its end-users, our Data Processing Agreement (Art. 28 GDPR) is incorporated into these Terms and applies to that processing.

8a. Confidentiality of Your Data

We treat the personal data you submit to the Service — including your journal entries, derived memories, character-model outputs, and account metadata — as confidential. We will not disclose your personal data to any third party except: (a) as expressly described in our Privacy Policy (e.g. to the subprocessors listed at /legal/subprocessors for the limited purposes described there); (b) as required by our Data Processing Agreement when you act as a data controller; (c) where you have given us specific consent; or (d) where we are compelled to do so by law, court order, or other binding legal process, in which case we will, where lawfully permitted, notify you before disclosure.

Personnel with access to your personal data are bound by written confidentiality obligations that survive the end of their engagement with us. The technical and organisational controls we apply are summarised on our Security page.

9. Termination

By You

You may terminate your account at any time through your account settings. Upon termination, your right to use the Service will immediately cease.

By Us

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in any conduct we deem inappropriate.

Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• You remain liable for any outstanding fees
• Provisions that should survive will remain in effect
• After a 30-day grace period your account is anonymised and your journal entries and AI-derived data are removed from active service. Some records may be retained in anonymised form for legal, billing, or security purposes. See section 5a of the Privacy Policy for the full breakdown.

10. Disclaimers

Talking Paper is a journaling tool, not a substitute for professional mental health support.

Service Availability

We aim to provide reliable service and will make reasonable efforts to maintain availability. We do not guarantee uninterrupted service; planned maintenance, force-majeure events, third-party processor outages, and other operational factors may affect availability. We do not commit to any specific uptime percentage, measurement window, or downtime-credit schedule for consumer accounts. Where reasonably practicable, we will provide advance notice of planned maintenance. For business or enterprise customers, separate availability commitments may be agreed in a signed order form.

The Service is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, either express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of content
• Uninterrupted or error-free operation

11. Limitation of Liability

Nothing in these Terms limits or excludes our liability where mandatory consumer-protection law prohibits such limitation. In particular, where you are a consumer under Polish law (Art. 385¹ et seq. Civil Code) or EU consumer law (Directive 93/13/EEC, Directive 2005/29/EC), the protections of that law apply notwithstanding any other provision of these Terms.

Our liability is not limited for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) willful misconduct or gross negligence; (d) infringement of intellectual property rights (within the scope of our indemnity obligations, if any); (e) any other liability that cannot lawfully be excluded or limited.

Subject to the above, our aggregate liability to you for any claim arising out of or in connection with these Terms — whether in contract, tort (including negligence), under statute, or otherwise — is limited to the amount you have paid us in fees during the twelve (12) months preceding the event giving rise to the claim, or one hundred euros (€100), whichever is greater. We are not liable for indirect, consequential, special, incidental, or punitive damages, or for loss of profits, revenue, data (other than restoration of backups), or goodwill.

12. Indemnification

You agree to indemnify and hold harmless Talking Paper, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

13. General Terms

Governing Law

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

Dispute Resolution

Any disputes arising from these Terms shall be resolved in accordance with the laws of Poland and the competent courts in Warsaw, Poland shall have exclusive jurisdiction.

Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Service. Continued use after changes constitutes acceptance.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Talking Paper.

Contact Information

For questions about these Terms, please contact us at:

Email: legal@talkingpaper.app
Address:
Talking Paper
Ahmet Cem Akgül
Zygmunta Modzelewskiego 46/50/508
02-679 Warsaw
Poland