Last Updated: June 3rd, 2026
By accessing, registering an account on, or using Talki Talki (the "Service"), operated by Pandacat Inc., a corporation incorporated under the laws of Canada ("Pandacat," "we," "us," or "our"), you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms in their entirety, you are expressly prohibited from using the Service and must discontinue use immediately.
If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to these Terms, in which case the terms "you" and "your" refer to that entity. If you do not have such authority, you must not use the Service on that entity's behalf.
These Terms apply to all users, visitors, and others who access the Service via any device or browser. By creating an account, you represent that you are at least eighteen (18) years of age and legally capable of entering into a binding contract in your jurisdiction.
PLEASE READ THIS SECTION CAREFULLY. VoIP EMERGENCY CALLING (E911) IS FUNDAMENTALLY DIFFERENT FROM TRADITIONAL LANDLINE 911 SERVICE AND HAS SIGNIFICANT LIMITATIONS.
To protect the integrity of our telecommunications infrastructure, comply with carrier requirements, and prevent fraud and illegal use, Pandacat Inc. requires all users to complete a mandatory identity verification process before purchasing or activating a phone number.
4.1 Verification Process. You will be required to submit a photograph of yourself ("selfie") in which you are holding a valid, government-issued photo identification document (such as a driver's licence or passport) so that both your face and the identification document are clearly visible in the same image.
4.2 Matching Requirement. The full legal name on your government-issued identification document must match the billing name associated with your payment method on file with our payment processor, Stripe. Discrepancies may result in rejection of your verification or suspension of your account.
4.3 AI Processing. Photographs you submit are analyzed by automated artificial intelligence systems to extract identifying information and assess document validity and authenticity. By submitting your photograph and identification document, you expressly consent to this processing.
4.4 Manual Review. If automated verification is unsuccessful, your submission will be placed in a manual review queue. A member of our support team may contact you at support@talkitalki.ca. You will not be permitted to purchase a phone number until verification is successfully completed, whether automated or manual.
4.5 Accuracy and Authenticity. By submitting your identification documents, you represent and warrant that: (a) the identification document is genuine, valid, and unaltered; (b) the document belongs to you; (c) you are the individual depicted in the photograph; and (d) all information submitted is accurate and current. Submission of fraudulent, altered, counterfeit, or falsified documents is a criminal offence and will result in immediate, permanent account termination, referral to appropriate law enforcement authorities, and civil legal action for all resulting damages.
4.6 Retention. Verification photographs and extracted identity information are retained by Pandacat Inc. for the duration of your account and for a period thereafter as required by applicable law, carrier compliance obligations, and fraud prevention purposes. See our Privacy Policy for full details.
4.7 Re-Verification. We reserve the right to require re-verification of your identity at any time, at our sole discretion, including in cases of suspected fraud, account changes, or regulatory requirement.
Talki Talki provides cloud-based business communication tools including VoIP telephone service, SMS/MMS messaging, voicemail, call routing, and related features. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDACAT INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Telecommunications services are subject to factors entirely outside our control, including third-party network congestion, carrier outages, internet service disruptions, and regulatory changes. We are not liable for failed calls, dropped connections, delayed or undelivered messages, or the inability to use the Service at any given time. Some jurisdictions do not permit the disclaimer of implied warranties; in such jurisdictions, the above disclaimers apply to the maximum extent permitted.
Talki Talki offers an optional Auto-Email Voicemail feature that, when enabled by you, automatically delivers your incoming voicemail recordings as MP3 file attachments — along with call metadata and (optionally) AI-generated transcriptions — to the email address associated with your account.
5a.1 Security Warning. Standard email is not end-to-end encrypted. By enabling this feature, you knowingly and voluntarily cause your voicemail recordings — which may contain private, sensitive, confidential, or legally privileged conversations — to be transmitted via commercial email infrastructure. This means:
5a.2 Informed Consent. This feature is disabled by default and may only be activated after you are presented with a plain-language security disclosure and click a confirmation button explicitly labelled "I Understand and Will Proceed." Your consent, the timestamp of consent, and the destination email address are recorded in our systems. By proceeding, you represent that you have read, understood, and accepted the risks described above and in our Privacy Policy (§4b).
5a.3 No Liability — Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PANDACAT INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, HARM, EXPOSURE, INTERCEPTION, BREACH OF CONFIDENTIALITY, REPUTATIONAL DAMAGE, REGULATORY PENALTY, OR DAMAGES OF ANY KIND ARISING FROM YOUR CHOICE TO ENABLE THE EMAIL VOICEMAIL DELIVERY FEATURE. THIS EXPRESSLY INCLUDES, WITHOUT LIMITATION: UNAUTHORIZED ACCESS TO YOUR EMAIL ACCOUNT; INTERCEPTION OF EMAIL IN TRANSIT; DISCLOSURE OR FORWARDING BY ANY PARTY WITH ACCESS TO YOUR INBOX; ANY CONSEQUENCE OF STORING VOICEMAIL AUDIO ON THIRD-PARTY EMAIL SERVERS; AND ANY REGULATORY LIABILITY ARISING FROM TRANSMITTING REGULATED OR SENSITIVE INFORMATION VIA EMAIL.
5a.4 User Responsibility. You are solely and exclusively responsible for: the security and access controls on your email account; your determination that enabling email delivery is appropriate given the sensitivity of your communications; compliance with any applicable law or professional obligation (including solicitor-client privilege, HIPAA, or other regulations) that may restrict the transmission of your communications via email; and all consequences arising from your decision to enable this feature. Pandacat Inc. provides this feature as a convenience at your explicit request. We recommend keeping this feature disabled and accessing voicemails securely through the Talki Talki application.
5a.5 Disabling the Feature. You may disable email voicemail delivery at any time from your Voicemail settings. Disabling will stop future email deliveries immediately. Voicemail recordings already transmitted via email remain in your inbox and are subject to your email provider's retention policies, not ours.
Talki Talki offers a Call Recording feature available exclusively to users subscribed to the Pro Plan. When enabled on a dial plan node, incoming and outgoing calls may be recorded. This section governs your obligations and our disclaimers with respect to this feature.
5b.1 Legal Consent Obligation. Call recording laws vary significantly by jurisdiction. Many jurisdictions — including several Canadian provinces, U.S. states (including California, Florida, Illinois, Maryland, and others), and international jurisdictions — require the express, prior consent of all parties to a telephone call before it may be recorded. Other jurisdictions require only one-party consent. You are solely and exclusively responsible for understanding and complying with all applicable call recording consent laws in every jurisdiction in which you, your business, and your callers operate.
5b.2 Automated Disclosure — Inbound Calls. When call recording is enabled on a dial plan node, the Service automatically plays the following pre-call disclosure to the incoming caller before connecting: "This call may be recorded for quality assurance purposes." This automated disclosure is provided as a convenience feature only. Pandacat Inc. does not warrant that this disclosure satisfies the consent requirements of any particular jurisdiction. You remain solely responsible for ensuring that adequate and legally sufficient consent has been obtained from all parties before any recording begins.
5b.2a Automated Disclosure — Outbound Calls. When the "Record Outbound Calls" feature is enabled, the Service automatically plays disclosures on both legs of the call: (a) you (the caller) hear "This call will be recorded for quality assurance purposes" before the outbound dial begins; and (b) the called party (the person you are calling) hears "This call may be recorded for quality assurance purposes" after they answer but before being connected to you. You acknowledge that recording a person you are calling carries heightened legal obligations — in many jurisdictions, including Canada (PIPEDA), the United States (ECPA, state wiretapping statutes), and other countries, recording an outbound call without the consent of the called party may constitute a criminal offence or give rise to significant civil liability. The automated disclosure played to the called party is provided as a convenience only and does not constitute legal advice. Pandacat Inc. expressly disclaims any responsibility for whether this automated message constitutes legally sufficient consent in your or the called party's jurisdiction. You are solely responsible for ensuring full legal compliance before enabling outbound call recording.
5b.3 AI Transcription — Optional Feature. The Service optionally provides AI-powered transcription of call recordings using our AI processing service provider. This feature is disabled by default and may only be enabled after you are presented with a disclosure warning and explicitly confirm your consent. When enabled:
5b.4 Recording Usage Quota. Pro Plan subscribers are allocated up to 2,000 minutes of call recording per calendar month. Recording minutes are measured from when the recording starts to when the call ends. Unused monthly recording minutes do not carry forward to subsequent months. When your monthly recording quota is exhausted, recording will automatically pause for the remainder of that calendar month and resume at the start of the following calendar month. Pandacat Inc. is not liable for any calls not recorded due to quota exhaustion.
5b.5 Storage and Access. Call recordings and their transcriptions are stored in your account on our cloud infrastructure and are accessible only to you (and authorized Pandacat administrative personnel). Recordings are not shared with third parties except as described in our Privacy Policy or required by law.
5b.6 Retention and Deletion. Call recordings and transcriptions are retained until you delete them or until your account is terminated, at which point they may be permanently and irreversibly deleted. We recommend downloading recordings you wish to retain before closing your account.
5b.6a AI Training Disclosure. By enabling AI transcription, you acknowledge and agree that:
5b.7 No Liability — Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PANDACAT INC. SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM, FINE, PENALTY, DAMAGES, OR LOSS OF ANY KIND ARISING FROM: (A) YOUR FAILURE TO OBTAIN LEGALLY SUFFICIENT CONSENT FROM CALL PARTICIPANTS BEFORE RECORDING; (B) YOUR USE OR MISUSE OF CALL RECORDINGS OR TRANSCRIPTIONS; (C) ANY UNAUTHORIZED ACCESS TO STORED RECORDINGS; (D) INACCURACIES IN AI-GENERATED TRANSCRIPTIONS; OR (E) ANY REGULATORY PENALTY IMPOSED ON YOU IN CONNECTION WITH CALL RECORDING ACTIVITIES. THE AUTOMATED DISCLOSURE MESSAGE PROVIDED BY THE SERVICE DOES NOT CONSTITUTE LEGAL ADVICE, AND PANDACAT INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ITS LEGAL SUFFICIENCY IN YOUR JURISDICTION.
5b.8 Pro Plan Billing. The Call Recording feature is available exclusively as part of the Pro Plan, currently priced at $30.00 USD per month, billed on a recurring basis in addition to your base Startup Membership. The Pro Plan is subject to all billing, cancellation, and refund terms set out in Section 8 of these Terms. Pandacat Inc. reserves the right to change Pro Plan pricing with thirty (30) days' advance notice.
The AI Receptionist feature is available exclusively to users subscribed to the VIP Plan. It allows an AI-powered system to answer inbound telephone calls on your behalf using a knowledge base and behavioral instructions you provide. This section governs your obligations and our disclaimers with respect to this feature.
5c.1 "AS IS" Service. THE AI RECEPTIONIST IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Pandacat Inc. does not warrant that: (a) the AI will accurately answer questions; (b) responses will be factually correct, complete, or appropriate for your specific business context; (c) the AI will understand every caller or every question; (d) the AI will behave consistently across all calls; or (e) the feature will be available without interruption or error. YOU USE THIS FEATURE ENTIRELY AT YOUR OWN RISK.
5c.2 AI Mistakes and Output Quality. AI-generated responses are probabilistic by nature and will sometimes be wrong, incomplete, or inappropriate. Pandacat Inc. accepts no liability whatsoever for: (a) incorrect, misleading, or inaccurate information provided by the AI to your callers; (b) missed business opportunities, lost customers, or damaged relationships arising from AI responses; (c) the AI making statements, commitments, or representations that do not reflect your actual business policies; (d) the AI failing to answer, answering poorly, or misunderstanding callers; or (e) any harm, financial loss, or damages of any kind resulting from the AI's responses. The quality and accuracy of the AI Receptionist is directly dependent on the quality and completeness of the knowledge base and instructions you provide.
5c.3 Your Responsibility to Build and Maintain the Knowledge Base. You are solely responsible for: (a) providing accurate, complete, and up-to-date information in your knowledge base; (b) regularly reviewing and updating the knowledge base as your business information changes; (c) reviewing call transcripts and session summaries to identify and correct AI errors; (d) setting clear, specific behavioral instructions that reflect your actual business policies; and (e) continuously improving the knowledge base using the call transcript feedback loop provided by the Service. The AI Receptionist gets smarter and more accurate as you add more high-quality data — the system's performance is a direct reflection of your investment in building it. Pandacat Inc. is not responsible for the AI's failure to perform adequately where the knowledge base is incomplete, outdated, or absent.
5c.4 Not a Substitute for Human Judgment. The AI Receptionist is a tool to assist your business, not a replacement for qualified human staff. You should not rely on the AI to handle legally sensitive inquiries, medical advice, emergency situations, complaints requiring human empathy, or any matter where professional human judgment is required. Pandacat Inc. expressly disclaims all liability for harm arising from your use of the AI in such contexts.
5c.5 Caller Consent and Disclosure. By using the AI Receptionist, you represent that you have obtained all legally required consents from callers to interact with an AI-powered system. Depending on your jurisdiction, you may be required to disclose that the caller is speaking with an AI and not a human. You are solely responsible for compliance with any applicable laws or regulations governing AI disclosure, including but not limited to consumer protection laws, telemarketing regulations, and any AI transparency requirements. Pandacat Inc. provides an automated greeting that does not explicitly identify the agent as AI — you are responsible for modifying your greeting instructions accordingly if disclosure is required in your jurisdiction.
5c.6 AI Minutes and Usage. VIP Plan subscribers are allocated 200 AI Receptionist minutes per calendar month. Unused minutes do not carry forward. When the monthly quota is exhausted, the AI Receptionist will be temporarily unavailable for the remainder of that calendar month. Additional minutes may be purchased as described in Section 8. Pandacat Inc. is not liable for any business loss resulting from quota exhaustion.
5c.7 No Liability — Comprehensive Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PANDACAT INC. SHALL HAVE ABSOLUTELY NO LIABILITY WHATSOEVER FOR ANY CLAIM, LOSS, DAMAGE, INJURY, OR EXPENSE OF ANY KIND ARISING FROM OR RELATED TO: (A) ANY STATEMENT, RESPONSE, COMMITMENT, OR OMISSION MADE BY THE AI RECEPTIONIST DURING A CALL; (B) YOUR FAILURE TO MAINTAIN AN ACCURATE OR COMPLETE KNOWLEDGE BASE; (C) CALLER DISSATISFACTION WITH AI RESPONSES; (D) BUSINESS LOSSES ATTRIBUTABLE TO AI ERRORS OR UNAVAILABILITY; (E) YOUR FAILURE TO DISCLOSE THAT CALLERS ARE INTERACTING WITH AN AI; (F) REGULATORY PENALTIES ARISING FROM YOUR USE OF THE AI RECEPTIONIST; OR (G) ANY RELIANCE BY YOU OR YOUR CALLERS ON THE AI'S RESPONSES. THIS DISCLAIMER APPLIES REGARDLESS OF WHETHER PANDACAT INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED.
5c.8 VIP Plan Billing. The AI Receptionist feature is available exclusively as part of the VIP Plan, currently priced at $70.00 USD per month as a standalone subscription that includes all Startup and Pro Plan features. The VIP Plan is subject to all billing, cancellation, and refund terms set out in Section 8 of these Terms. Pandacat Inc. reserves the right to change VIP Plan pricing with thirty (30) days' advance notice.
You agree to use the Service only for lawful purposes and in compliance with all Applicable Laws. The following activities are strictly prohibited:
Violation of this section may result in immediate suspension or termination of your account without notice or refund, and may be reported to relevant law enforcement and telecommunications authorities.
Security Auditing: For your protection, Talki Talki records the IP address and timestamp of your most recent login attempts. This data is used exclusively for security monitoring, fraud detection, and compliance purposes.
Under no circumstances may you resell, sublicense, white-label, or otherwise make the Service available to any third party. This is a zero-tolerance policy. If you have questions regarding any commercial or partnership arrangement, contact us first at general@pandacat.ca before taking any action.
6a.1 Definition of Reselling. "Reselling" under these Terms means any of the following activities, whether conducted for financial compensation, barter, favour, or any other consideration, or even at no charge:
6a.2 Immediate Consequences. If Pandacat Inc. determines, in its sole discretion, that you are engaging in any form of reselling activity as described above, Pandacat Inc. reserves the right to take all or any of the following actions immediately, without prior notice, and without liability to you:
6a.3 Compliance Vetting and Monitoring. Pandacat Inc. conducts regular compliance reviews of all accounts as part of our carrier and regulatory obligations. These reviews may include analysis of call volumes, number provisioning patterns, geographic call distribution, account activity, and usage anomalies. If our vetting identifies patterns consistent with reselling — including but not limited to unusually high inbound call volumes across multiple numbers, simultaneous use of numbers by geographically dispersed parties, or account activity inconsistent with a single-business user — we reserve the right to require additional verification, suspend services pending investigation, or terminate the account.
6a.4 Global Application. This prohibition applies regardless of the country or jurisdiction in which you or your end users are located. Telecommunications reselling without the appropriate carrier licences and regulatory approvals is unlawful in most jurisdictions globally — including Canada, the United States, the European Union, the United Kingdom, and Australia. By agreeing to these Terms, you represent and warrant that you are not operating as an unlicensed telecommunications reseller or intermediary.
6a.5 Legitimate Partnership Enquiries. If you are interested in a legitimate reseller, partner, affiliate, or white-label arrangement with Pandacat Inc., you must contact us in advance at general@pandacat.ca to discuss whether such an arrangement is available and under what terms. Operating without express prior written authorization from Pandacat Inc. is prohibited and will be treated as a violation of these Terms.
7.1 User Responsibility. You are solely and exclusively responsible for ensuring that your use of the Service complies with all telecommunications laws, regulations, and guidelines applicable to you, your business, and the jurisdictions in which you operate and in which your recipients are located. This includes, without limitation:
7.2 Indemnification for Non-Compliance. Pandacat Inc. will cooperate with regulatory investigations and may suspend or terminate your Service if we receive credible complaints of regulatory violations. You agree to indemnify and hold Pandacat Inc. harmless from any fines, penalties, claims, or damages arising from your failure to comply with telecommunications regulations.
8.1 Recurring Billing. Service fees are billed in advance on a recurring monthly basis in U.S. Dollars (USD). All payments are processed securely through Stripe, Inc. By providing payment information, you authorize Pandacat Inc. and Stripe to charge your designated payment method on a recurring monthly basis until your Subscription is cancelled. Current plan pricing is as follows: Startup Membership — $15.00 USD/month (base plan); Pro Plan — $30.00 USD/month (add-on, includes call recording, AI transcription, and 2,000 recording minutes per month). Plans may be subscribed to independently or in combination.
8.2 Cancellation. You may cancel your Subscription at any time through the Billing Portal accessible from your dashboard. Cancellation takes effect at the end of the then-current billing period. No refunds or credits are issued for partial months of service, unused features, or any unused portion of a billing period.
8.3 Price Changes. Pandacat Inc. reserves the right to modify Subscription pricing at any time. We will provide at least thirty (30) days' advance notice of any price change via email or notice within the Service. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.
8.4 Failed Payments. If your payment method fails or is declined, we will attempt to notify you. If payment is not resolved within a reasonable period, your account may be suspended or terminated and your phone number(s) may be released.
8.5 Chargebacks. You agree to contact us at support@talkitalki.ca to resolve any billing disputes before initiating a chargeback with your payment provider or credit card issuer. Initiating a chargeback without first attempting resolution may result in immediate account suspension. We reserve all rights to contest fraudulent chargebacks.
8.6 Number Release Policy. Upon cancellation or termination of your Subscription, Pandacat Inc. may release your assigned phone number(s) back into the global carrier pool. We are under no obligation to hold or reserve a phone number for a user without an active, paid Subscription. We strongly recommend that you port your number to another carrier before cancelling if you wish to retain it.
If your business is located in the United States, or if you are a Canadian business sending SMS messages to U.S. mobile numbers, you are required by major U.S. wireless carriers to complete A2P 10DLC (Application-to-Person 10-digit long code) brand and campaign registration.
This compliance process involves an additional recurring service fee of $12 USD or more per month, charged separately from your base Subscription. Campaign registration review typically takes 1–15 business days and is controlled by carriers, not Pandacat Inc. We have no control over carrier approval timelines or decisions. We recommend completing this verification before relying on the Service for U.S.-directed SMS messaging. Canadian businesses that do not send messages to U.S. mobile numbers are currently exempt from this specific recurring fee, though this may change based on future carrier policy.
9.1 Our Property. The Service, including all software, technology, interfaces, trademarks, logos, trade names, and content created by Pandacat Inc. (excluding User Content), is and remains the exclusive property of Pandacat Inc. and its licensors. Nothing in these Terms grants you any right, title, or interest in or to the Service beyond the limited right to use it as described herein.
9.2 Your Content. You retain ownership of all Content you transmit through the Service. By using the Service, you grant Pandacat Inc. a limited, non-exclusive, royalty-free, worldwide license to process, store, transmit, and display your Content solely as necessary to provide and improve the Service and fulfill our legal obligations.
9.3 Feedback. Any suggestions, ideas, or feedback you provide about the Service may be used by Pandacat Inc. without restriction or compensation to you.
10.1 Termination by Us. Pandacat Inc. reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your account and access to the Service at any time, with or without prior notice and without liability, for any reason, including but not limited to: violation of these Terms; suspected fraud, abuse, or illegal activity; non-payment; inactivity; changes in operational requirements; or any reason we deem necessary to protect our users, infrastructure, or business.
10.2 Data Deletion. Upon termination of your account, all associated data — including call logs, SMS history, voicemail recordings, dial plan configurations, and contact information — may be permanently and irreversibly deleted without further notice. This process cannot be undone. You are encouraged to export or back up any data you wish to retain before cancelling your account.
10.3 FRAUD TERMINATION: If Pandacat Inc. determines at any time that registration information, identification documents, tax IDs, business details, or any other information submitted by you is fraudulent, materially inaccurate, or used to facilitate abusive or illegal activity, the Service will be discontinued immediately, all associated phone numbers will be released back into the global carrier pool, no refund will be issued, and relevant information may be reported to law enforcement or regulatory authorities.
10.4 Termination by You. You may terminate your account at any time by cancelling your Subscription and contacting us to request account deletion. Termination does not entitle you to a refund of any prepaid fees.
You agree to defend, indemnify, and hold harmless Pandacat Inc. and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any Applicable Law, regulation, or third-party right; (c) your Content or any communications you transmit through the Service; (d) your identity verification submissions; (e) your use or misuse of the Service; or (f) any claim that your use of the Service caused damage to a third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PANDACAT INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO PANDACAT INC. IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
Certain jurisdictions — including some provinces of Canada and certain U.S. states — do not permit the exclusion of certain warranties or limitation of liability for certain types of damages. In those jurisdictions, the limitations above apply only to the fullest extent permitted by applicable law. Nothing in these Terms limits our liability for death, personal injury, or fraud caused by our gross negligence or wilful misconduct where prohibited by law.
Talki Talki is designed for normal business communications use. To maintain service stability and affordability for all users, we enforce a Reasonable Use Policy.
We reserve the right to monitor usage patterns and may cap, throttle, suspend, or terminate your Service, at our sole discretion and without liability, if: (a) the cost of your inbound or outbound calls, messages, or data usage materially exceeds your monthly Subscription fee during any billing period; (b) your usage patterns suggest automated, high-volume, or commercial bulk messaging; or (c) our operational costs increase significantly due to factors outside our control, including but not limited to carrier rate changes.
13a.1 Purpose. To ensure equitable, stable, and affordable access to the Service for all users, Pandacat Inc. imposes fair usage quotas on certain communications features. These quotas apply platform-wide and are not specific to any device, application, or access method.
13a.2 SMS Segment Quota. Each active account is allocated 1,000 SMS segments per calendar month at no additional charge, included with your Subscription. A "segment" is the standard carrier unit of measurement for SMS delivery — it is not equivalent to one message:
13a.3 Monthly Reset. Your 1,000-segment monthly allowance resets on the first day of each calendar month, regardless of when you subscribed, when your billing cycle renews, or how many segments you used or did not use in the prior month. Unused monthly segments do not carry forward.
13a.4 Additional Segment Packs — Non-Refundable. You may purchase additional segment packs at any time through the Billing section of your account. All purchases of additional segments are final and non-refundable. Purchased segment packs: (a) are credited to your account immediately upon payment confirmation; (b) do not expire and carry over month-to-month until consumed; (c) are drawn upon automatically once your monthly 1,000-segment allowance is exhausted; and (d) are non-transferable between accounts. No refunds, credits, or exchanges will be issued for unused purchased segments under any circumstances, including account cancellation, termination, or downgrade.
13a.5 Enforcement. When your combined segment balance (monthly allowance plus any purchased segments) is exhausted, the Service may automatically restrict, delay, or block SMS sending and receiving on your account until: (a) your monthly allowance resets at the beginning of the following calendar month; or (b) you purchase additional segment packs. Pandacat Inc. is not liable for any missed, delayed, or undelivered messages resulting from quota enforcement.
13a.6 Call Recording Quota — Pro Plan. Pro Plan subscribers are allocated 2,000 call recording minutes per calendar month. This quota resets on the first day of each calendar month and unused minutes do not carry forward. When the monthly quota is exhausted, recording is automatically paused until the following calendar month. Pandacat Inc. will provide an in-app notification when usage reaches 90% of the monthly quota. Pandacat Inc. is not liable for any business loss resulting from calls not recorded due to quota exhaustion. This quota framework may be amended with reasonable notice at Pandacat Inc.'s sole discretion.
13a.8 Voice Calls and Voicemail. Pandacat Inc. reserves the right to apply equivalent fair usage quotas to voice calls, call minutes, voicemail storage, and voicemail transcriptions in the future. Any such quotas will be disclosed in advance where reasonably practicable. The framework described in this section (monthly allowances, purchasable top-ups, non-refundable add-ons, and automatic enforcement) may be extended to cover voice and voicemail features at our discretion.
13a.9 Administrative Override. Pandacat Inc. reserves the right to manually restrict, suspend, or restore any communications feature on any account at any time, without prior notice, where we determine it is necessary to protect platform integrity, prevent abuse, comply with legal obligations, or ensure fair access for all users. This includes the ability to block or unblock SMS and voice features on individual accounts.
13a.10 iOS Companion Application. The Talki Talki iOS application ("iOS App") is a companion application provided to offer convenient mobile access to certain features of the Service. The iOS App is provided "as is" and "as available," without any additional warranties beyond those described in Section 5. Specifically:
Pandacat Inc. shall not be liable for any failure or delay in the performance of the Service resulting from events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, riots, government action, telecommunications network failures, power failures, acts or omissions of third-party service providers (including payment, telecommunications, or cloud infrastructure providers), internet outages, or changes in law or regulation.
These Terms shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada for the resolution of any dispute arising out of or in connection with these Terms or the Service, except that nothing herein prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction.
For Users Located in the United States: To the extent permitted by applicable law, any dispute between you and Pandacat Inc. relating to the Service shall be resolved exclusively in the courts of the Province of Ontario, Canada. You agree to submit to such jurisdiction and waive any objection to venue. Certain mandatory consumer protection laws in your state may provide additional rights that cannot be waived.
Class Action Waiver: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THIS WAIVER MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS.
Good Faith Negotiation. In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Service, you agree to first contact us at legal@pandacat.ca and make a good faith effort to resolve the dispute informally. We will endeavour to respond within thirty (30) days.
If informal resolution fails, disputes shall be resolved through the courts of competent jurisdiction in Ontario, Canada, as set out in Section 15. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.
Pandacat Inc. reserves the right to amend, update, or replace these Terms at any time. We will update the "Last Updated" date at the top of this page whenever changes are made. While we will try to bring significant changes to your attention when we reasonably can, we are not obligated to provide advance notice of any update — changes may take effect as soon as they are posted. We encourage you to check this page periodically. Your continued use of the Service after any changes are posted constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your Subscription.
18.1 Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
18.2 Waiver. The failure of Pandacat Inc. to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. A waiver is only effective if made in writing and signed by an authorized representative of Pandacat Inc.
18.3 Entire Agreement. These Terms, together with our Privacy Policy and any other agreements or notices expressly incorporated by reference herein, constitute the entire agreement between you and Pandacat Inc. concerning the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings.
18.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Pandacat Inc. may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
18.5 Language. These Terms are written in English. To the extent permitted by law, the English version governs in the event of any conflict with any translation.
Questions about these Terms? Contact us at legal@pandacat.ca