Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of Frequency Talk — the audio-streaming and voice-communication service operated by Frequency Talk Technologies LLC (“Frequency Talk,” “we,” “us,” or “our”), together with its websites and the family of client applications that connect to it — including the Frequency Talk Service Manager (formerly “Frequency”), Tuner, Walkie-Talkie, Switchboard, and Broadcast, and any other applications we release for the service — and related services (together, the “Service”). By creating an account, tuning a frequency, transmitting audio, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1.Who may use the Service
You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to create an account and transmit on the Service. By using the Service you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization.
The Service is available only in the countries we support at the time of your registration, and you may not use it where prohibited by applicable law, sanctions, or export controls.
2.Accounts and security
You are responsible for the activity that occurs under your account. Frequency Talk supports passkey-based (WebAuthn) sign-in and other authentication methods; you must keep your authentication devices and credentials secure and notify us promptly at legal@frequencytalk.com if you suspect unauthorized use. You agree to provide accurate account and billing information and to keep it current. We may suspend or terminate accounts that contain false information or that are used in violation of these Terms.
3.The Service
Frequency Talk lets you create and tune numbered frequencies, organize channels, form groups, and transmit live voice or broadcast audio to other users in real time through our client applications. The Service is a real-time relay: we do not, in the ordinary course, record or retain the audio content of your transmissions. You are responsible for the hardware, microphones, network connection, and third-party software needed to use the Service. Individual client applications may expose only part of the Service’s functionality (for example, a listen-only tuner).
4.Acceptable use
You agree not to use the Service to, and not to permit anyone using your account to:
- violate any law or regulation, or infringe the rights of others;
- transmit content that is unlawful, harassing, threatening, defamatory, hateful, or that promotes violence or discrimination;
- transmit sexual content involving minors, or any content that exploits or endangers a minor;
- impersonate any person, station, or organization, or misrepresent your identity, callsign, or affiliation;
- broadcast audio, music, or other material you do not have the rights or licenses to transmit (see Section 5);
- send spam, or transmit malware, or attempt to gain unauthorized access to the Service, other accounts, or our infrastructure;
- interfere with, overload, disrupt, reverse engineer, or circumvent any security or rate-limiting feature of the Service;
- resell, sublicense, or provide the Service to third parties except as expressly permitted.
We may investigate suspected violations and may remove content, suspend transmission, or terminate accounts. We may also disclose information to law enforcement where required by law or to protect the Service and its users.
5.Broadcasting rights and your content
You retain ownership of the audio and other content you transmit (“Your Content”). You are solely responsible for Your Content and for ensuring you hold all rights, licenses, consents, and clearances necessary to transmit it — including, where applicable, music licensing, performance rights, and compliance with broadcasting, telecommunications, and radio regulations in your jurisdiction. Frequency Talk is an internet service and is not a licensed broadcaster; nothing in the Service grants you any spectrum, broadcast, or music-performance license.
You grant us a limited, worldwide, non-exclusive, royalty-free license to transmit, route, cache, and process Your Content solely as necessary to operate and provide the Service to you and the users you transmit to. This license ends when Your Content stops being transmitted through the Service, except for backups or logs retained as described in our Privacy Policy or as required by law.
6.Subscriptions, billing, and trials
Certain features — including creating frequencies — require a paid subscription. Pricing and plan details are presented at the point of purchase. Payments are processed by our third-party payment processor, Stripe; by subscribing you also agree to Stripe’s terms. We do not store your full card number.
- Recurring billing. Paid subscriptions renew automatically for successive periods at the then-current price until cancelled. You authorize us and Stripe to charge your payment method for each period.
- Trials. If a free trial is offered, it converts into a paid subscription at the end of the trial unless you cancel before it ends.
- Cancellation. You may cancel at any time through your account or the customer portal. Cancellation stops future renewals; it does not retroactively refund the current period unless required by law.
- Refunds. Except where required by applicable law, payments are non-refundable and partial periods are not refunded.
- Price and tax changes. We may change prices on renewal with reasonable notice. Prices exclude taxes unless stated; you are responsible for applicable taxes.
7.Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or if we discontinue the Service. Deleting a frequency or your account may release associated data and subscription slots. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and indemnification — survive.
8.Intellectual property
The Service, including its software, design, text, graphics, logos, and the “Frequency Talk,” “Frequency Talk Service Manager,” and “Frequency” names and branding, is owned by Frequency Talk Technologies LLC or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved. You may not copy, modify, distribute, or create derivative works of the Service except as permitted by law or with our written consent.
9.Third-party services
The Service integrates third-party providers, including Stripe (payments), Amazon Web Services (hosting), and email delivery providers. Your use of those integrations may be subject to the third party’s own terms and privacy practices. We are not responsible for third-party services.
10.Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, error-free, or that audio will be delivered without loss or delay. As beta software, the Service may be unstable. You use the Service at your own risk.
11.Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREQUENCY TALK TECHNOLOGIES LLC AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12.Indemnification
You agree to indemnify and hold harmless Frequency Talk Technologies LLC from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to Your Content, your use of the Service, or your violation of these Terms or the rights of any third party.
13.Governing law and disputes
These Terms are governed by the laws of the State of South Carolina, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in South Carolina will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction there, except that we may seek injunctive relief in any court of competent jurisdiction.
14.Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15.Contact
Questions about these Terms? Contact us at legal@frequencytalk.com.