Last Updated: 2026-06-27
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Elytiq LLC (dba TalkStik) (referred to herein as "TalkStik”) provides a [personal conversation communication service] (“TalkStik Services”) through mobile applications (including iOS and Android applications), which require users (also referred to herein as “Customers,” “Subscribers,” or “you”) to create a TalkStik account in order to access the features of the Service.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 15) READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND TALKSTIK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By registering as a TalkStik Customer or by visiting, browsing, downloading the app, or using the TalkStik Service in any way, you (as a "user") accept and agree to be bound by these Terms, which form a binding agreement between you and TalkStik.
If you do not wish to be bound by these Terms, you may not access or use the TalkStik Service.
You must be at least 18 years old and capable of forming a binding contract under the laws of your jurisdiction.
TalkStik is a structured communication tool, which enables two consenting adults to conduct a turn-based spoken conversation, where each person records a short audio segment and passes control to the other. After the session concludes, an artificial intelligence pipeline transcribes the recorded turns and generates private, observational reflections for each participant and a shared summary. The Service is designed to support self-awareness and intentional communication between two people. It is a mirror, not a judge. It is a communication tool, not a therapy service. Your individual reflection is visible only to you. It is inaccessible to your partner. AI-generated reflections are observational, not clinical. The Services are not a diagnosis and they are not therapy.
You must be at least 18 years of age to use TalkStik. By using the Service, you represent and warrant that you are 18 or older. We do not knowingly collect, use, or disclose personal information from individuals under 18. If we learn that a user is under 18, we will promptly close their account and delete their data. TalkStik is not designed or marketed to minors. If you are a parent or guardian and believe your child has used this Service, please contact us immediately at [email].
The Service is currently available solely in the United States.
TalkStik is NOT a mental health service, a therapy service, a counseling service, a crisis service or a substitute for professional mental health support. The AI-generated analysis is observational and educational in nature. It is not a clinical assessment, a diagnosis, a treatment recommendation, or professional service of any kind. Nothing in this Service creates a therapist-client relationship, a counselor-client relationship, or any other professional relationship.
Specifically, TalkStik does not:
Provide therapy, counseling, or clinical treatment of any kind;
Diagnose, treat, cure, or prevent any medical or mental health condition;
Offer emergency crisis services or crisis intervention;
Predict the behavior, safety, or wellbeing of you or your conversation partner;
Monitor conversations in real time or provide alerts during a session;
Guarantee the accuracy, completeness, or clinical validity of AI-generated reflections;
Create a record that may be used in any legal proceeding without a court order;
Provide legal, financial, or medical advice.
If you or someone you know is in crisis, please contact emergency services (911), the 988 Suicide & Crisis Lifeline (call or text 988), or the Crisis Text Line (text HOME to 741741).
To use the Service, you must create an account. You agree to provide accurate and complete information at registration and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials.
You are responsible for all activity that occurs under your account. You agree to notify us immediately at [email address] if you suspect unauthorized access to your account.
Each account must represent one individual. You may not create an account on behalf of another person without their knowledge and consent, or for the purpose of monitoring, surveilling, or recording another person without their consent.
CONSENT IS REQUIRED FOR EVERY SESSION Each participant must actively confirm their consent before every session begins. There are no exceptions, no session-to-session memory of prior consent, and no ability to waive this requirement.
By confirming consent within the app before each session, you acknowledge that:
You are voluntarily participating in a recorded conversation;
Your audio will be transcribed using automated speech recognition;
The transcript will be analyzed by an AI system;
AI-generated reflections will be delivered privately to each participant;
Your audio will be permanently deleted within 24 hours of the session by default;
Your private reflection is accessible only to you and is not shared with your conversation partner.
You may not use the Service to record another person without their active consent obtained through the in-app consent mechanism. Any attempt to use the Service to record a person who has not consented, or to circumvent the consent architecture, is a material breach of these Terms and may violate applicable state and federal law.
You may withdraw from any session at any time without providing a reason. The in-app “End session” feature is always accessible during an active session. Withdrawing from a session does not constitute a breach of these Terms.
After a session concludes, TalkStik uses third-party services to (a) transcribe your audio recording, and (b) analyze the resulting transcript. The AI generates observational reflections based on frameworks drawn from research in communication science, conflict resolution, and interpersonal psychology.
These reflections are designed to surface patterns in how you communicate — not to evaluate you as a person, assign blame, or determine who was “right.” The AI is instructed not to take sides, declare a winner, or make clinical assessments.
You acknowledge and agree that:
AI-generated reflections may be inaccurate, incomplete, or not applicable to your specific situation;
The AI cannot detect sarcasm, cultural communication norms, trauma responses, neurodivergent communication styles, or the full emotional context of your conversation with reliability;
AI-generated content is not a clinical assessment or professional opinion;
The accuracy of the analysis depends on audio quality, transcription accuracy, and the completeness of your session;
Reflections that feel uncomfortable or inaccurate should be understood as a starting point for your own self-reflection, not as a verdict;
AI models may produce errors, hallucinations, or outputs that are factually incorrect.
You agree not to rely on AI-generated reflections as a substitute for professional mental health advice, medical advice, legal advice, or any other form of professional consultation. If you have concerns about your mental health, relationship safety, or emotional wellbeing, please consult a licensed professional.
The Service includes an in-app Resources screen that provides direct, user-initiated access to crisis hotlines and support resources. The Service does not automatically scan, screen, or analyze your conversation content for crisis indicators. You may tap to view a curated list of crisis resources at any time.
You acknowledge that:
The Resources screen provides general crisis-resource information; it is not a clinical assessment, intervention, or referral;
TalkStik does not monitor conversations in real time and cannot detect when you or another person may be in distress;
The Resources screen is not a substitute for emergency services, crisis intervention, or professional mental health support;
If you believe you or another person is in immediate danger, you should contact emergency services (911) immediately, without waiting for any response from this app.
TalkStik uses third-party AI services to power its analysis features. By using the Service, you acknowledge that portions of your transcribed conversation may be transmitted to these third-party providers for the purpose of generating analysis. These transmissions are subject to the providers’ own privacy and data processing terms.
Please read the Privacy Policy found here.
TalkStik offers both free and paid subscription tiers. The features available at each tier are described in the app and may change over time.
Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). By subscribing, you authorize us and our payment processor to charge your selected payment method on the applicable recurring schedule. All fees are stated in U.S. dollars and are non-refundable except as required by applicable law.
You may cancel your subscription at any time through the in-app settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period for which you have paid.
Except as required by applicable law, all fees are non-refundable. No refund will be issued for any subscription terminated by TalkStik due to violation of these Terms.
We may change subscription prices with advance notice before the change takes effect. Your continued subscription after the notice period constitutes acceptance of the new price.
You agree to use the Service only for its intended purpose: facilitating structured, bilateral conversations between two consenting adults. You agree not to use the Service in any manner that:
Violates any applicable federal, state, local, or international law or regulation;
Infringes the rights of any third party, including intellectual property, privacy, or publicity rights;
Involves recording, surveilling, or monitoring another person without their active consent;
Is fraudulent, deceptive, or misleading;
Transmits unsolicited communications, spam, or malware;
Attempts to gain unauthorized access to the Service, other accounts, or our systems;
Interferes with the integrity or performance of the Service;
Attempts to reverse engineer, decompile, or extract the source code of the Service;
Uses the Service for any commercial purpose not expressly authorized by us.
You agree not to use the Service to record, transmit, or facilitate conversations that:
Involve the planning or facilitation of any illegal activity;
Involve the abuse, exploitation, or grooming of minors;
Constitute harassment, stalking, or coercion of any other person;
Involve situations of domestic violence or intimate partner coercion where the use of this app would constitute a tool of control.
You agree not to initiate, pressure, or manipulate another person into participating in a session through the Service without their genuine, voluntary consent. The bilateral consent mechanism within the app is a minimum safety floor, not a waiver of your obligation to ensure your partner’s participation is genuinely free and voluntary.
TalkStik retains all right, title, and interest in and to the Service, including without limitation all updates, modifications, and customizations, all software or other assets created through setup or configuration, and all text, photographs, illustrations, designs, logos, trademarks and other content reproduced through the Service, used to provide the Service (collectively “Materials”). Customer recognizes and agrees that: (a) the Materials are the property of TalkStik or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws; and (b) Customer does not acquire any right, title, or interest in or to the Materials except the limited and temporary right to use them as necessary for Customer’s use of the Service. This Agreement does not grant Customer any intellectual property rights in or to the Service or any of its components, except to the limited extent necessary, if any, to use the Service.
TalkStik claims no proprietary rights in Customer’s audio recordings produced by the Service (“User Content”). By using the Services, Customer grants TalkStik a limited, non-exclusive, royalty-free license to store, process, transcribe, and analyze User Content for the purpose of providing the Service to the Customer. This license terminates when User Content is deleted.
If you provide TalkStik with feedback, suggestions, or ideas about the Service, you grant TalkStik an unrestricted, royalty-free, irrevocable license to use that feedback without compensation to you.
The speaking stick may be the oldest technology humans ever built for listening to one another. Homer wrote of a skeptron passed hand to hand in the assemblies of the Iliad. From there, across six continents, across cultures that had no contact with each other, people arrived independently at the same quiet form: an object, passed hand to hand, that marks whose voice holds the room.
TalkStik carries that ancient human practice into a new one.
The Service is distributed through the Apple App Store and Google Play Store. Your download and use of the app through these platforms is also governed by the applicable App Store terms of service. In the event of a conflict between these Terms and App Store terms regarding our respective obligations, these Terms control with respect to our obligations to you, except as required by App Store policies.
The Service may contain links to third-party websites or services, including crisis resource links displayed in the in-app Resources screen. We do not control those resources and are not responsible for their content, accuracy, or availability. Crisis resources are provided for informational purposes only. Inclusion of a resource does not constitute an endorsement.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED ANALYSIS OR REFLECTION.
TalkStik IS NOT A MENTAL HEALTH SERVICE AND DOES NOT PROVIDE THERAPY, COUNSELING, DIAGNOSIS, OR TREATMENT. THE AI-GENERATED REFLECTIONS PROVIDED BY THE SERVICE ARE NOT CLINICAL ASSESSMENTS AND SHOULD NOT BE TREATED AS SUCH. NOTHING IN THIS SERVICE CREATES A THERAPEUTIC RELATIONSHIP. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, PLEASE CONTACT EMERGENCY SERVICES OR A CRISIS HOTLINE IMMEDIATELY.
The Service does not guarantee any particular outcome in your relationship, communication patterns, or emotional wellbeing. Results from using TalkStik will vary depending on many factors outside our control, including but not limited to the nature of your relationship, the willingness of both participants, and circumstances that the Service cannot observe or assess.
You agree to defend, indemnify, and hold harmless TalkStik and its officers, directors, employees, advisors, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your violation of these Terms;
Your violation of any applicable law or the rights of any third party;
Any content you submit or transmit through the Service;
Any misrepresentation you make in connection with the Service.
We reserve the right to assume exclusive defense of any matter subject to indemnification, at your expense. You agree to cooperate with our defense of such claims.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
TALKSTIK’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO TALKSTIK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
TALKSTIK IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER ELYTIQ LLC DBA TALKSTIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, TalkStik’s liability is limited to the maximum extent permitted by law.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Arbitration clause and class action waiver.
Important – please review as this affects your legal rights.
The Terms of Service and any separate agreements whereby we provide you the TalkStik Services shall be governed and construed in accordance with the laws of California without reference to any conflict of law rules.
(a) Arbitration notice
Buyer agrees that if there is any dispute or claim arising from or related to the TalkStik Services (except for the Exempt Claims, as defined below), it will be resolved by confidential binding arbitration in California, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to Elytiq LLC, 2108 N St #16394, Sacramento, CA Attn: CEO.
This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought. It should also include your name, address and date in the correspondence. If we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, either party may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of California or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by either party unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Service to the contrary, both parties agree that if Elytiq LLC makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against Elytiq LLC prior to the effective date of the change. Moreover, if Elytiq LLC seeks to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Service containing this Section is posted to the Website and shall not be effective as to any claim that was filed in a proceeding against Seller prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND ELYTIQ LLC AGREE THAT DISPUTES BETWEEN YOU AND ELYTIQ LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If for any reason a claim proceeds in court rather than in arbitration, you and Elytiq LLC each waive any right to a jury trial.
EXEMPT CLAIMS: You and Elytiq LLC agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
(i) Neither party is required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court; or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
(ii) Neither party is required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. Both parties agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT-OUT: You may opt-out of this mandatory arbitration provision by writing to Elytiq LLC within sixty (60) calendar days of your agreement to this arbitration provision, by mail to: Elytiq LLC, 2108 N St #16394, Sacramento, CA Attn: CEO. Include your name, address and date in the correspondence. This is the only way you can opt-out.
These Terms, together with any subscription-tier-specific terms, the Privacy Policy, and any order forms, constitute the entire agreement between you and TalkStik regarding the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
TalkStik may modify these Terms at any time. We will use commercially reasonable efforts to notify active subscribers via email or in-Service notice of any material changes prior to their effective date. Continued use after the effective date constitutes acceptance.
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
TalkStik’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
You may not assign these Terms without TalkStik’s written consent. Elytiq LLC dba TalkStik may assign these Terms in connection with a merger, acquisition, or sale of assets.
Neither party is liable for delays or failures due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government action, or interruption of internet or third-party services (including NARA API availability).
Notices to TalkStik: [email]. Notices to you: the email address associated with your account.
Section headings are for convenience only and do not affect interpretation.
Elytiq LLC dba TalkStik
2108 N St #16394, Sacramento, CA
Email: [insert email ]