WHAT INFORMATION DO WE COLLECT?
Depending on the way you use SpeechPal Services, you may provide us with your name, email address, credit card information or other payment information. When you request information or content from SpeechPal and supply information or content that personally identifies you or allows us to contact you, you agree to share that information with SpeechPal, its agents, representatives, and affiliates.
On visiting our website or using the SpeechPal Services or smartphone apps, we use standard Web server log files to automatically record information, including your URL, IP address, browser type, and language, specific search requests, the date and time of your request, and the results of your searches. We also collect personal information when you register for the SpeechPal Services during registration or voluntarily provide such information. For providing better user experience and customizing content for you, we may combine personal information that we collect from you with information that we collect from other end users or third parties.
WHAT DO WE USE YOUR INFORMATION FOR?
Any information we collect from you may be used in any of the following ways:
- E-mail Newsletters: The email address you use for signing up for SpeechPal Services may be used to send you information related to your orders, our company’s news, product updates, monthly newsletters, etc.
- Order processing requirements: We use your information to deliver you the best customer-service experience while using our SpeechPal Services. Your information will not be sold, exchanged or transferred.
- Improving customer experience: Your information helps us to better understand your needs and requirements , which allows us to better respond to your individual needs and customer-service requests.
- Improving our services, products, and website. We use your information to improve user experience on our website and our services.
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
Your information is safe with us. We don’t indulge in selling, trading or transferring your personally identifiable information to outside parties. However, this does not include trusted parties who assist in operating our business, services, as long as those parties agree to keep this information confidential by signing Non Disclosure Agreements (NDAs).
Some other instances where we may also release your information would be when we have to comply with the law, enforce our website/business policies, or protect our or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
GET IN TOUCH
Terms of Service
USE OF OUR SERVICE
You may use the SpeechPal Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the SpeechPal Service. Any use or access to the SpeechPal Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the SpeechPal Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. We reserve all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
2. SPEECHPAL ACCOUNT
You must create an account in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
The SpeechPal Service is available through Facebook’s “Facebook Connect” service, which requires an active Facebook account, and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the SpeechPal Service through Facebook Connect, we may require that your SpeechPal user ID be the same as your user name for Facebook. If you sign into SpeechPal through Facebook Connect, you will provide your Facebook account credentials to us, and you are consenting to have the information in that account transmitted into your SpeechPal account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
3. SERVICE RULES
You agree not to engage in any of the following prohibited activities in connection with the SpeechPal Service: (i) copying, distributing, or disclosing any part of the SpeechPal Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the SpeechPal Service in a manner that sends more request messages to the SpeechPal servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the SpeechPal Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the SpeechPal Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the SpeechPal Service; (viii) using the SpeechPal Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the SpeechPal Service; (xi) accessing any content on the SpeechPal Service through any technology or means other than those provided or authorized by the SpeechPal Service; (xii) bypassing the measures we may use to prevent or restrict access to the SpeechPal Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the SpeechPal Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the SpeechPal Service.
You may not access or use the SpeechPal Service if you work with or for a competitor, except with our prior written consent. In addition, you may not use or access the SpeechPal Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the SpeechPal Service usage with any third party without our prior written consent.
We may, without prior notice, change the SpeechPal Service, stop providing the SpeechPal Service or features of the SpeechPal Service (to you or generally), or create usage limits for the SpeechPal Service. You agree that we have no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by you to the SpeechPal Service. We may permanently or temporarily terminate or suspend your access to the SpeechPal Service without notice or liability to us, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the SpeechPal Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4. USER CONTENT
You are solely responsible for all audio and other data (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.
You agree not to upload User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you upload does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant that your User Content and our use thereof as contemplated by this Agreement and the SpeechPal Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
We take no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the SpeechPal Service. You acknowledge and agree that we may preserve your User Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, property, or personal safety, our users and the public. You understand that the technical processing and transmission of the SpeechPal Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
By uploading any User Content you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, in any form, medium or technology now known or later developed.
5. Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the SpeechPal Service, you may contact our Designated Agent at the following address:
ATTN: Copyright Notification
PO BOX 2907
San Francisco, CA 94126, USA
Any notice alleging that materials hosted by or distributed through the SpeechPal Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the SpeechPal Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of those materials on the SpeechPal Service is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. We will promptly terminate without notice the accounts of users that are determined by us to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the SpeechPal Service at least twice.
Any materials or data that you provide to us for the purpose of providing the SpeechPal Service will be your “Confidential Information,” except to the extent such documents (a) are known to us prior to receipt from you from a source other than one having an obligation of confidentiality to you; (b) become known (independently of disclosure by you) to us directly or indirectly from a source other than one having an obligation of confidentiality to you; or (c) become publicly known or otherwise cease to be secret or confidential, except through a breach of this Section by us. Wewill use the Confidential Information solely for the purpose of providing the SpeechPal Service to you (the “Permitted Purpose”). Wewill not, without your prior consent, disclose to any third party your Confidential Information, other than furnishing such Confidential Information to our directors, officers, employees, agents, consultants, contractors, representatives or affiliated entities (collectively, “Associated Persons”) who need to have access to such Confidential Information in connection with the Permitted Purpose. We will use at least reasonable care to protect the confidentiality of your Confidential Information. In the event that We are required by law to make any disclosure of any of your Confidential Information, by subpoena, judicial or administrative order or otherwise, we will use commercially reasonable efforts to give you notice of such requirement (to the extent legally permissible) and will permit you to intervene in any relevant proceedings to protect your interests in your Confidential Information.
To use the SpeechPal Service, you will be required to make one or more payments and provide us with information regarding your credit card. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified by the SpeechPal Service in accordance with the terms therein and this Agreement. We reserve the right to change our prices. If we change our prices, we will provide notice of the change on the our web site or in email to you, at our option. Your continued use of the SpeechPal Service after the price change becomes effective constitutes your agreement to pay the changed amount.
If we agrees, at our sole discretion, to invoice you for your receipt of the SpeechPal Service (rather than requiring you to pay all fees by credit card), you must nevertheless provide us with your credit card information and promptly update such information with any changes that may occur. If you fail to pay any invoices within 30 days of the date of the invoice, we will notify you by email of the overdue charge and, if the invoice remains unpaid, we will charge your credit card the full amount owing under the invoice on the 35th day following the date of the invoice. You hereby authorize us to charge any such overdue amounts to your credit card on file and acknowledge that we may suspend its provision to you of the SpeechPal Service if any amounts remain unpaid. You may be required to pay all subsequent fees by credit card if you fail to pay an invoice within 35 days of the invoice date. We will only remove a credit card on file at your request if your account balance is $0 and there are no Services pending for you.
8. END USER LICENSE GRANT – SPEECHPAL SERVICE
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the SpeechPal Service for your personal, non-commercial use, as permitted by the features of the SpeechPal Service. We reserve all rights not expressly granted herein in the SpeechPal Service and the SpeechPal Content (as defined below). We may terminate this license at any time for any reason or no reason.
9. OUR PROPRIETARY RIGHTS
Except for your User Content, the SpeechPal Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “SpeechPal Content”), and all Intellectual Property Rights related thereto, are the exclusive property of us and our licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the SpeechPal Service. Use of the SpeechPal Content or materials on the SpeechPal Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
10. PREMIUM SERVICES
From time to time, we may provide additional features and/or SpeechPal Services that you pay for (“Premium SpeechPal Services”). We may also offer from time to time in its sole discretion, certain Premium SpeechPal Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Agreement to the SpeechPal Service include the Premium SpeechPal Services.
12. DELIVERY TERMS OF SERVICE
We will undertake service delivery to complete the assigned work in the shortest amount of time possible. Where time commitments are explicitly agreed on, the time indicated is confined to business days only in the Pacific Standard Timezone. For example, 24 hour delivery equates to 1 business day, 48 hour delivery equates to 2 business days and so forth. Our standard hours of service are 8am to 6pm Monday-Friday, Pacific Standard time. Additional support hours and after-hour service is available by inquiry.
13. TRANSCRIPTION OUTPUT STYLE
SpeechPal provides output in a “clean verbatim” transcriptions. The “clean verbatim” is the default style choice, and automatically removes “umms”, “ahhs”, “likes”, “you knows”, and other filler word in addition to improving the readability of the final transcript.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
15. THIRD PARTY LINKS
You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the SpeechPal Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the SpeechPal Service with your username, password or other appropriate security code.
17. NO WARRANTY
THE SERVICE AND ANY PRODUCT YOU PURCHASE THROUGH THE SPEECHPAL SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SPEECHPAL SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPEECHPAL SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPEECHPAL SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
18. LIMITATION OF LIABILITY
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN SPEECHPAL AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SPEECHPAL SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PARTIES.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
19. GOVERNING LAW AND JURISDICTION
20. Dispute Resolution and Arbitration
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Our address for Notice is: PO Box 2907, San Francisco, CA 94126, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
f. No Class Actions. WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. If we makes any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
21. NOTICE TO CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, California users of SpeechPal Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Our mailing address and e-mail address can be found in the Contact Us section of this Agreement.
22. ENTIRE AGREEMENT / SEVERABILITY
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the SpeechPal Service, shall constitute the entire agreement between you and us concerning the SpeechPal Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
23. NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notice.
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
26. CONTACT US
Should you wish to contact us with any questions, complaints or claims with respect to the SpeechPal Service, you should visit the SpeechPal website at www.speechpal.com, by mail at PO Box 2907, San Francisco, CA 94126, USA or email at email@example.com.
These terms of service were last amended on 20 July 2017.