Terms and Conditions

This is an English translation provided for convenience. In the event of any discrepancy, the Dutch version prevails.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Tolk: the operator of the Tolk app and the website tolk.live.
• User: any natural or legal person who uses the service.
• Service: the Tolk app for live translation of conversations with AI, available through Google Play and the App Store.
• Subscription: a paid agreement for access to (extended) functionality.

Article 2 – Applicability

These terms apply to any use of the Service and to any agreement between Tolk and the User.

Article 3 – Formation of the agreement

An agreement is formed at the moment the User creates an account or takes out a subscription in the app.

Article 4 – Account and use

• The User is responsible for keeping login credentials confidential.
• Sharing accounts without Tolk's permission is not allowed.
• Abuse, fraud or unlawful use may lead to temporary or permanent termination of the account.

Article 5 – Fair use

Tolk wants to keep the service accessible, safe and fair for all users. We therefore ask you to use the app and AI features in a normal and respectful way.

In any case, it is not permitted to use the Service for:

• spam, fraud or abuse of AI functionality;
• large-scale automated use that overloads systems;
• harming, misleading or disadvantaging others;
• illegal activities or content that violates the law.

Where use of the Service could cause damage to the platform or other users, Tolk may restrict use or block an account. We always aim to do this in a reasonable and proportionate manner.

Article 6 – AI functionality

The Service uses external AI processors, including:

• Mistral (translation)
• ElevenLabs (speech recognition and text-to-speech)

AI output is generated automatically and may be incorrect, incomplete or misleading. The User remains responsible for verifying the output.

The Service does not replace medical, therapeutic, legal or financial advice.

We recommend not entering unnecessary sensitive or confidential personal data into AI features, such as medical data, address details, phone numbers or other private information, unless this is necessary for the use of the Service.

At Tolk, people come first. AI is a tool to support people, not to replace human care, attention or responsibility.

Article 7 – Subscriptions and payment

Certain functionality requires a paid subscription. Current prices are clearly stated in the app and in Google Play or the App Store before you subscribe.

7.1 Payment processing

Subscriptions are taken out and paid for through Google Play or the App Store. Payment details, such as card numbers or bank details, are processed by Google or Apple; Tolk only receives the status of the subscription (such as active, renewed or cancelled).

7.2 Right of withdrawal

Consumers have the right to cancel the agreement within 14 days without giving a reason, unless:

• the digital service has already been fully delivered; and
• the User has expressly consented in advance to immediate delivery.

7.3 Term and renewal

A subscription runs per month and renews automatically until the User cancels it. Cancelling is done in the subscription settings of Google Play or the App Store. After cancelling, access remains until the end of the period already paid for; after that the subscription ends without further charges.

Article 8 – Intellectual property

All intellectual property rights relating to the Service, including software, texts and learning materials, belong to Tolk, unless stated otherwise.

Without written permission it is not allowed to copy, distribute or commercially use any material.

Article 9 – Privacy and data processing (GDPR)

9.1 Data processed

• Name and e-mail address
• Translation input (the text you have translated)
• Technical data, such as IP address and device and browser information
• Subscription status via Google Play or the App Store

9.2 Purposes

• performance of the agreement;
• delivery of AI functionality;
• payment processing;
• improvement of the Service;
• compliance with legal obligations.

9.3 Careful handling of data

We handle personal data with care. Data is only used for the operation of the Service and is not sold to third parties.

9.4 External processors

Data may be processed by external parties such as Mistral, ElevenLabs, Google, Apple and RevenueCat. These parties process data in accordance with their own terms and privacy policies.

9.5 Retention periods

• Account data is kept for as long as the account is active.
• Invoice and payment data is kept for as long as legally required.

9.6 Rights of data subjects

The User has the right to access, rectification, erasure, restriction of processing and data portability, insofar as legally applicable.

Article 10 – Availability and maintenance

Tolk strives for the best possible availability of the Service, but cannot guarantee uninterrupted or error-free operation. Maintenance or technical issues may temporarily cause interruptions.

Article 11 – Liability

AI can make mistakes. AI results are intended as a tool and not as binding advice. Important decisions and checks remain the responsibility of the User.

To the extent permitted by law, Tolk is not liable for indirect damage, consequential damage or damage arising from the use of AI output or the temporary unavailability of the Service.

Article 12 – Changes

Tolk reserves the right to amend these terms. The most recent version is always available on the website.

Article 13 – Applicable law and disputes

These terms are governed by Dutch law. Disputes will be submitted to the competent court in the Netherlands.