1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the TalkSense platform, including the website at talksense.app, the web application, and all related services (collectively, the "Service"), operated by TalkSense Technologies Limited ("TalkSense", "we", "us", or "our").
By registering for an account, connecting an X (Twitter) account, or otherwise accessing the Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
These Terms apply to all users, including free-tier users, paid subscribers, and anyone accessing the marketing website.
2. Eligibility
To use TalkSense, you must:
- Be at least 18 years of age, or the age of majority in your jurisdiction;
- Have the legal capacity to enter into a binding contract;
- Not be prohibited from using the Service under any applicable law;
- Comply with X's (Twitter's) Terms of Service, which independently govern your use of your X account;
- Not have had a previous TalkSense account terminated for Terms violations.
If you are using the Service on behalf of a company, organisation, or other entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to both you personally and that entity.
3. Account Registration
3.1 Creating an Account
To access most features, you must register for a TalkSense account using a valid email address and password. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
3.2 Account Accuracy
You agree to provide accurate, current, and complete registration information, and to update it if it changes. Accounts registered with false information may be suspended without notice.
3.3 Account Security
You must notify TalkSense immediately at [email protected] if you become aware of any unauthorised use of your account. TalkSense is not liable for losses arising from your failure to protect your credentials.
3.4 One Account Per User
Each user may maintain one TalkSense account. Creating multiple accounts to circumvent plan limits, suspensions, or other restrictions is a material breach of these Terms.
4. Subscription & Billing
4.1 Plans
TalkSense offers a Free plan and paid subscription plans (Starter, Growth, Pro). Plan features, limits, and pricing are described at talksense.app/#pricing and in the application. TalkSense reserves the right to change plan pricing on 30 days' notice.
4.2 Billing & Payment
Paid subscriptions are billed monthly via Paystack. By subscribing, you authorise TalkSense to charge your selected payment method on a recurring monthly basis. All prices are in Nigerian Naira (NGN) unless otherwise stated. Taxes (including VAT where applicable) may be added.
4.3 Failed Payments
If a payment fails, TalkSense will attempt to retry the charge. If the charge cannot be collected within 3 days of the due date, your account will be downgraded to the Free plan. Access to paid features is suspended until a successful payment is received.
4.4 Cancellation
You may cancel your subscription at any time from the Billing section of the application. Cancellation takes effect at the end of the current billing period. You will not be charged for subsequent periods. No prorated refunds are issued.
4.5 Refunds
TalkSense does not offer refunds for subscription payments except where required by applicable Nigerian consumer protection law, or where we determine in our sole discretion that a refund is warranted (e.g., a billing error on our part). Refund requests must be submitted to [email protected] within 14 days of the charge.
4.6 Free Plan Limitations
The Free plan is provided without charge and may have features modified or removed at TalkSense's discretion. Use of the Free plan does not create any contractual right to continued free access.
5. Acceptable Use Policy
You agree to use TalkSense only for lawful purposes and in accordance with these Terms. You must not use TalkSense to:
5.1 Prohibited Content
- Post spam, unsolicited promotional content, or repetitive identical content across accounts;
- Generate, distribute, or amplify disinformation, deliberate falsehoods, or misleading content;
- Harass, threaten, intimidate, or abuse any individual or group;
- Post content that is unlawful, defamatory, obscene, or otherwise objectionable;
- Infringe the intellectual property rights of any third party;
- Impersonate another person, brand, or organisation without authorisation.
5.2 Prohibited Technical Use
- Attempt to reverse engineer, decompile, or extract the source code of TalkSense;
- Use TalkSense to artificially inflate engagement metrics, follower counts, or trending status;
- Conduct coordinated inauthentic behaviour as defined by X's policies;
- Share API credentials, OAuth tokens, or account access with unauthorised third parties;
- Resell or sublicense access to TalkSense to third parties without written permission;
- Use automated tools (other than TalkSense itself) to interact with the TalkSense API in ways that circumvent rate limits or plan restrictions.
5.3 Consequences of Violations
Violations of the Acceptable Use Policy may result in immediate suspension or termination of your account without refund. Serious violations may be reported to relevant authorities.
6. X (Twitter) Integration
TalkSense is an independent third-party application. It is not affiliated with, endorsed by, or sponsored by X Corp. or X (Twitter), Inc.
Your use of the X integration is separately governed by X's Terms of Service, Privacy Policy, and Developer Terms. You are responsible for ensuring your usage of TalkSense complies with all applicable X policies.
TalkSense cannot be held responsible for actions taken by X against your account, including suspension, restriction, or permanent ban, regardless of whether such actions arise from use of TalkSense.
If X changes its API terms or access policies in a way that affects TalkSense's ability to deliver features, TalkSense may modify or discontinue those features without liability. In such cases, we will give as much notice as possible and adjust pricing proportionately where appropriate.
7. AI-Generated Content
7.1 Your Responsibility
All content generated by TalkSense's AI features and posted to Twitter under your account is your content and your responsibility. By approving or auto-executing an action, you take ownership of that content. TalkSense does not review, edit, or guarantee the accuracy, quality, or appropriateness of AI-generated content.
7.2 No Warranties on AI Output
AI models can produce inaccurate, biased, or inappropriate content. TalkSense provides configurable safeguards (policy engine, blacklists, confidence thresholds, approval queues) to reduce this risk, but makes no warranty that AI output will be free of errors, harmful content, or intellectual property infringement.
7.3 Human Review Recommended
We strongly recommend enabling the Approval Queue for all action types, especially when first configuring your account. Auto-execute should only be enabled after you have reviewed a representative sample of AI output and are satisfied with its quality and safety.
7.4 Third-Party AI Models
TalkSense routes AI requests through OpenRouter, which in turn connects to third-party model providers (including OpenAI, Anthropic, Meta, and Google). Your brand context and topic data are transmitted to these providers as part of inference requests. By using TalkSense's AI features, you consent to this transmission. TalkSense selects model providers that have agreed not to use API request data to train their models, but we cannot independently verify or guarantee this.
8. Intellectual Property
8.1 Your Content
You retain all intellectual property rights in content you create manually, and in content generated by TalkSense's AI on your behalf and posted under your account. You grant TalkSense a limited, non-exclusive licence to store, display, and process your content solely as necessary to provide the Service.
8.2 TalkSense Intellectual Property
TalkSense's software, source code, design, trademarks, and documentation are owned by TalkSense Technologies Limited. Nothing in these Terms transfers any intellectual property rights in TalkSense to you. You may not use TalkSense's name, logo, or trademarks without prior written consent.
8.3 Feedback
If you submit feedback, suggestions, or feature requests, you grant TalkSense an irrevocable, royalty-free, perpetual licence to use that feedback for any purpose, without any obligation to compensate you.
9. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TalkSense does not warrant that:
- The Service will be uninterrupted, error-free, or available at any particular time;
- AI-generated content will be accurate, appropriate, or suitable for any purpose;
- Use of TalkSense will result in any particular growth in followers, engagement, or business outcomes;
- The Service will be compatible with all devices, browsers, or third-party services at all times.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE NIGERIAN LAW, TALKSENSE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TALKSENSE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ₦10,000 (TEN THOUSAND NAIRA).
IN NO EVENT WILL TALKSENSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO:
- Suspension or termination of your X account by X Corp.;
- Content generated or posted by the AI on your behalf;
- Your reliance on the Service for any business purpose;
- Any interruption, outage, or error in the Service;
- Third-party actions including OpenRouter, X, Paystack, or infrastructure providers.
12. Indemnification
You agree to indemnify, defend, and hold harmless TalkSense Technologies Limited, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Service in violation of these Terms;
- Content you post through the Service;
- Your violation of any third-party rights, including X's Terms of Service;
- Any misrepresentation made by you to TalkSense or to third parties through the Service.
13. Suspension & Termination
13.1 By TalkSense
TalkSense may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive behaviour, or if required by law. In cases of non-material violations, we will generally provide a warning first. For serious violations, immediate termination may occur without a refund.
13.2 By You
You may terminate your account at any time from the Settings page or by contacting [email protected]. Termination stops future billing but does not entitle you to a refund for the current billing period.
13.3 Effect of Termination
On termination, your right to access the Service ceases immediately. Your encrypted Twitter tokens are destroyed. Your content data is retained for 30 days after termination, after which it is permanently deleted unless a legal retention obligation applies.
14. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation between the parties. If not resolved within 30 days, the dispute shall be submitted to binding arbitration in Abuja, Nigeria, under the Arbitration and Conciliation Act. Judgement on the award may be entered in any court of competent jurisdiction.
Nothing in this section prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending resolution.
15. Modifications to the Terms
TalkSense reserves the right to modify these Terms at any time. For material changes, we will provide at least 14 days' notice via email to your registered address or via in-app notification. Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the changes.
If you do not agree to the modified Terms, you must stop using the Service before the effective date. Prior versions are available on request.
16. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and TalkSense regarding the Service, and supersede all prior agreements.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: TalkSense's failure to enforce any provision of these Terms does not constitute a waiver of that provision.
- Assignment: You may not assign your rights or obligations under these Terms without TalkSense's prior written consent. TalkSense may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force Majeure: TalkSense is not liable for any failure to perform due to circumstances beyond its reasonable control, including internet outages, power failures, government actions, or acts of God.
- Language: These Terms are written in English. In the event of any conflict between an English version and a translated version, the English version governs.
17. Contact
TalkSense Technologies Limited
Legal, billing, support, and security enquiries: [email protected]
Abuja, Nigeria