Terms and Conditions of Service

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the platform known as Speechy (the “Platform”) along with the website located at www.speechy.io (the “Site”), including its sub-domains and its mobile optimized versions. These Terms shall supplement our Privacy Policy (the “Policy”) and our other guidelines, terms and policies made available by us from time to time, all incorporated herein by reference.

The Platform and the Site are proudly operated to you by the Speechy team, which shall hereinafter be referred to as “Speechy”. As used herein, the terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Speechy and/or its affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site or Platform, whether registered under an account or not.

Acceptance of Contract

This is a legally binding agreement between you and Speechy. If you continue to browse the Site and use the Platform, you hereby acknowledge and agree to be bound by and under these Terms, either by simple use or through a clickable action, such as the “I agree” button or otherwise. These Terms, along with our Policy, will govern Speechy’s relationship with you in relation to any products and services offered thereby (collectively, the “Service(s)”). Overall, your access to the Platform is only offered for your individual use, and not for the use or benefit of any third party you may represent.

Updates

Speechy reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, the Platform and the Site, at any time and without notice. Any changes to these Terms will be displayed, and we may notify you through the Site or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Account Registration, Verification and Safety.

In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. Your access to Speechy is only offered for your individual use, and not for the use or benefit of any third party you may represent.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.

Services

Speechy uses the Amazon Polly technology in order to analyze texts and create converted, speech-recognized audio files of the aforesaid texts. The Platform is offered as a Word Press plug-in that will automatically create an audio file for every blog post created or updated into the Platform by our users. In turn, the users of your websites will be able to hear the speech-recognized versions of your blog posts, thus increasing user engagement and providing a richer experience.

We will store the audio files of your converted texts on Amazon Web Services. If you terminate your
subscription with us, or if it cannot be renewed for any reasons, we will store your audio files for a thirty (30) day grace period, during which you will be able to access them for download. Once that period expires, your files will be assigned for deletion, and we will not be able guarantee that they will be available for you in any way.

Through Speechy, you are undertaking electronic communications with us and other third parties. Such
communications will include, but will not be limited to, voice, audio, video, text, captions, emails, images,
messages, and other content displayed via our Platform.
Please take into account that the Amazon Web Services platform, the Word Press platform, along with any and all third party platform and services incorporated into Speechy, are subject to their own terms of use and privacy policies, which will govern the provision of such platform and services. Please read them frequently and become familiarized with them.

Subscription and Payment Terms.

Some of the Services offered by us are for free, and other are offered via paid subscription. By selecting a subscription tier (as indicated on the Site), you agree to pay us the indicated subscription fees (e.g. monthly or per batch of text-audio conversions). Payments will be charged on a pre-paid basis on the day you sign up and will cover the use of the Services for the indicated period.

Your subscription will be renewed automatically unless you notify us seven (7) days before the end of the then applicable subscription period. If you do not choose to pause or cancel your subscription, your subscription will automatically renew and by that action you authorize us to charge you the then-applicable subscription fee. All outstanding invoices must be paid within seven (7) days. Please take into account that accounts in arrears and payments denied by third party processors will result in Service suspension.

You can elect to cancel your subscription at any time, by accessing your account and following the necessary steps. If you cancel your current subscription during the active period, you will be able to use the paid functionalities of the Services until the period ends. As a general rule, we offer no refunds on paid fees.

You must provide us valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice.
Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

You hereby authorize us the charging of your credit card or payment processing account. In connection thereto, we will submit period charges without further authorization from you, and such authorization shall remain effective until the subscription is cancelled by you.
We use a Stripe, a worldwide accepted third-party payment processor to bill you through a payment account linked to your account with us. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. We are not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Platform, our Services and Site in order to:

a. Infringe these Terms, or allow, encourage or facilitate others to do so.
b. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
c. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
d. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
e. Purchase our Services with the intent to resell them.
f. Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
g. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
h. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from the Platform or the Site or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
i. Use our Services, the Platform or the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
j. Undertake any action that will or may cause an unreasonable load on Speechy’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from our Services.
k. Intercept or monitor activity via our Services without our express authorization.
l. Otherwise reverse engineer, decompile or extract the proprietary code of Speechy.

Parental Notice

Speechy does not provide its Services to persons under the age of eighteen (18). All of our users are prohibited
from providing us with personally identifiable information of persons under the age of thirteen (13).

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed by us are the property of –or otherwise are licensed to– Speechy or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in Australia and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and 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 the United States of America and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content of Speechy and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Licenses

Limited License. Speechy grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Platform, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Platform and our Services, in whole or in part. Speechy does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, execute or exploit the Platform, in whole or in part.

User Generated Content License. You also hereby grant Speechy an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any text, blog post, message, files uploaded, data inputted or otherwise any content delivered to Speechy via the Platform, the Site or the Services.

The aforementioned license shall be for the use and exploitation by Speechy through the Internet and other communication means, including the right to use, reproduce, distribute, create derivative works from, modify and disseminate any content, in order for Speechy to provide its Services. You represent and warrant to Speechy that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Speechy as set forth herein.

Feedback. You hereby grant to Speechy, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the Platform, the Site and/or the Services.

Third party links and advertising

From time to time, our Platform, our Site and our Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services).

From time to time, we may serve ads and promotions from third party sources in the Platform. Accordingly, your participation or undertakings in promotions of third parties other than Speechy, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Speechy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Platform.

User Privacy

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

No Warranty.

To the fullest extent permissible under applicable law, the Services, the Platform and the Site are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Speechy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.

The entire risk of satisfactory quality and performance resides with you. Speechy, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference and/or enjoyment.

Neither Speechy, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Platform, the Services or the Site will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Speechy or its employees, affiliates, contractors and/or agents shall create a guarantee. The Platform, the Services or the Site have not been completely tested in all situations or devices, and that they may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

Disclaimer of Damages

In no event shall Speechy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Platform, the Services or the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Speechy, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this limitation of liability, Speechy’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Limitation of Liability

In no event, shall Speechy’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Platform, the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Indemnification

Indemnification by You. You shall indemnify, hold harmless, and defend Speechy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Speechy’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Speechy’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Speechy); and/or (ii) any third party claim arising out of or in relation to the Platform or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Platform, the Services or the Site violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Content Moderation. Speechy hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Platform, and use its moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate, along with the ban of any offensive users or any other users who violate these Terms or otherwise post, disseminate or allow any kind of objectionable content to be delivered to or through the Platform. Speechy will promptly act upon any objectionable content or any objectionable activity report, either by removing such content and/or banning/ejecting the user who provided such objectionable content.

Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Speechy will be irreparably damaged, and therefore you agree that Speechy shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Force Majeure. Speechy shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Speechy’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

No Endorsement. Any testimonial or review displayed into third party websites incorporating our Platform is made by the respective author and does not does not reflect Speechy’s opinions, nor do Speechy, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

Open Source Software. For purposes of clarification, these Terms shall not apply to any open source software accompanying the Platform, and Speechy hereby disclaims any and all warranties, representations and liability to you or any third party related thereto. The applicable license terms and terms of use will govern each relationship thereof.

Payment processors. From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided through the Platform. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Speechy is not responsible for any and all errors by the payment processors.

No Waiver. Failure by Speechy to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Speechy are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.

Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Speechy shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Speechy, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Applicable Law. Your use of our Services and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the Kingdom of Spain, without regard to its conflict of law principles.

Arbitration Procedure. In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.

Any arbitration shall be managed by the Tribunal Arbitral de Barcelona under its arbitration rules and procedures. The arbitration shall be conducted in the Spanish language in the City of Barcelona, Catalonia, Spain, in accordance with the provisions set forth in the aforesaid rules and procedures. The arbitral tribunal shall comprise of one (1) arbitrator, appointed by the Tribunal Arbitral de Barcelona, who shall preside the arbitral tribunal. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.

The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, our Platform, our Site, our Services or these Terms, please contact us as indicated in our contact page.

Date of last effective update is January 23, 2017.