Terms of Service

Talkmode
Effective Date: June 1, 2026
Last Updated: June 1, 2026

1. Who We Are and What These Terms Cover

Talkmode is operated by Tiny Mammoth Inc, a Delaware corporation ("Talkmode," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of Talkmode's website, web application, and related services (collectively, the "Service").

By creating an account, verifying your phone number, clicking a link to join a call, or otherwise accessing the Service, you agree to these Terms. If you are using Talkmode on behalf of an organization, you are agreeing to these Terms on behalf of that organization, and you represent that you have the authority to do so.

If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. The Service is currently available only to users with United States or Canadian phone numbers (+1 country code). By using the Service, you represent that you meet these requirements.

3. The Service

Talkmode connects people who have expressed a mutual interest in speaking with each other. When both parties are simultaneously available, the system initiates a phone call. Calls are typically 7 minutes in length and are facilitated by an automated concierge. Call recordings, transcripts, and summaries are generated as described in Section 7.

The Service is not a communications platform for emergencies. Do not use Talkmode to contact emergency services.

4. Accounts

4.1 Registration

To use the Service, you must verify your phone number via one-time passcode (OTP). You agree to provide accurate information (including your name, title, and company) and to keep it current.

4.2 Account Security

You are responsible for maintaining the confidentiality of your session credentials. You agree to notify us immediately at legal@talkmode.ai if you believe your account has been compromised. We are not liable for losses arising from unauthorized use of your account.

4.3 One Account Per Person

You may only maintain one account. Creating multiple accounts to circumvent a suspension or for any other reason is prohibited.

5. SMS Communications

By verifying your phone number and using the Service, you expressly consent to receive SMS messages from Talkmode, including:

One-time passcodes for authentication
Match notifications and call alerts
Post-call summaries
Service-related account notifications

Message frequency varies. Message and data rates may apply. To opt out of SMS communications, reply STOP to any message or contact us at legal@talkmode.ai. You may reply HELP for assistance. Opting out of SMS communications will prevent you from receiving match notifications and may make the Service inoperable for you, as SMS is the primary notification channel.

These messages are sent pursuant to your consent and your relationship with Talkmode. We do not send promotional text messages unrelated to your use of the Service.

6. Call Recording and Disclosure

6.1 Recording by Default

Calls facilitated by Talkmode are recorded by default. At the start of each call, all participants receive an audible disclosure that the call is being recorded. This disclosure constitutes notice under applicable state and federal wiretapping and recording laws.

6.2 Opt-Out

You may opt out of recording for a specific call before the call connects, or delete your recording after the fact. Deleting a recording removes it for both parties (see Section 7.3).

6.3 Consent of Other Parties

By using the Service, you acknowledge and agree that:

Other participants on calls you join are also subject to recording under this policy.
If you initiate a call with someone who has not yet created a Talkmode account, that person will be informed about recording when they join.
You must not use the Service to record anyone without the disclosures described above being provided.

6.4 Purpose of Recording

Recordings are used solely to generate transcripts and call summaries for participants. We do not use recordings to train AI models, sell to third parties, or share them beyond the participants of the call except as required by law.

7. Your Content and Data

7.1 Content You Provide

You retain ownership of content you provide to the Service, including your name, contact information, intent information ("who you want to talk to"), and any content you communicate during calls. By providing this content, you grant Talkmode a limited, non-exclusive license to use, store, and process it solely to operate and improve the Service.

7.2 Recordings and Transcripts

Call recordings and transcripts are stored in a private, access-controlled storage environment. They are not publicly accessible. You and the other call participant(s) may access them through the Service. Talkmode employees do not routinely access call recordings except for limited purposes such as investigating abuse reports, legal compliance, or service reliability.

7.3 Deletion

Either party to a call may delete the call recording and associated artifacts (transcript, summary). Deletion by either party removes the recording for both parties. Deletion is permanent and irreversible. We will honor your deletion request promptly, subject to any retention obligations under applicable law.

7.4 Retention

We retain call recordings, transcripts, and summaries for a default period of 90 days following the call, unless deleted earlier by a participant. After the retention period expires, recordings and derived artifacts are permanently deleted.

8. Prohibited Conduct

You agree not to:

Use the Service to harass, threaten, or abuse other users.
Impersonate any person or entity.
Circumvent any security, rate-limiting, or anti-abuse mechanism of the Service.
Use the Service for any unlawful purpose, including violation of wiretapping, recording, or communications laws.
Transmit spam, unsolicited commercial messages, or malware through any Service feature.
Attempt to gain unauthorized access to the Service or another user's account.
Reverse-engineer, decompile, or attempt to extract the source code of the Service.
Use the Service in any way that violates these Terms or any applicable law or regulation.

9. Referrals and Credits

The Service may include a referral mechanism by which you can earn credits or other benefits for introducing new users to Talkmode. Any credit system is subject to these Terms and to any additional terms we publish. Credits have no cash value, are non-transferable, and may be modified, suspended, or revoked by Talkmode at any time. Manipulation of the referral system—including coordinated account creation or colluding with other users to generate fraudulent credits—is prohibited and may result in immediate account termination.

10. Account Termination

10.1 Termination by You

You may close your account at any time by contacting legal@talkmode.ai.

10.2 Termination by Us

We may suspend or terminate your account at any time, with or without notice, if we determine that you have violated these Terms or that your use of the Service poses a risk to other users or to the integrity of the platform. Given the nature of the Service, accounts may be permanently banned for a single serious violation (such as harassment or recording someone without disclosure).

10.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. Your call data will be retained for the remainder of its retention window and then deleted, unless earlier deletion is required by law.

11. Intellectual Property

The Service, including all software, design, text, and trademarks associated with Talkmode, is owned by Tiny Mammoth Inc and its licensors. Nothing in these Terms grants you any right to use our trademarks, trade dress, or other brand elements.

12. Third-Party Services

The Service uses third-party providers to deliver core functionality, including telephony (Twilio), speech transcription (Deepgram), and AI-generated summaries (Anthropic). Use of these providers is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party providers.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALKMODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Tiny Mammoth Inc OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Tiny Mammoth Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) any content you provide through the Service.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws provisions. Any dispute arising from or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction in those courts.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by SMS or by displaying a prominent notice in the Service prior to the change taking effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

18. Contact

Questions about these Terms? Contact us at:

Tiny Mammoth Inc 5900 Balcones Dr, Austin, TX 78731 legal@talkmode.ai