Terms and Conditions of Service
1. General
Speecher websites and mobile applications, from now on referred to as the “Service”, are operated by Speecher, LLC. By accessing or using the Service, you agree to have read, understood and agreed to the Terms and Conditions of Service, including any future versions of this document. The date of the final revision of this document will placed at the bottom. If you do not agree with the Terms and Conditions of Service, you are not authorized to access or use the Service.
2. Description
Speecher is a solution that helps users train for their next interview, presentation, pitch or speech, using community, voice-to-text technology and human coaches to give feedback on attributes such as key words missed, use of filler words, pace, confidence, posture, use of pauses, among others. When using voice-to-text technology, you understand that, although this technology has been improving consistently though time, it may not detect 100% of the words recorded by the user. By agreeing to the Terms and Conditions of Service, you understand that you may not complain about words not being detected by the voice-to-text technology that Speecher uses. Regarding feedback from human coaches (Speecher coaches), you understand that Speecher does its best effort to find qualified coaches that have enough experience and/or education to give useful feedback for users of the service. Speecher may also pay coaches for their time spent in reviewing user recordings, in order to give feedback to the user. Speecher may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
3. Registration and Uploading Content
When registering or using the Service, you agree (i) to provide accurate, current and complete information about yourself as requested by Speecher; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Speecher, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
As a condition of submitting any ratings, reviews, information, data, text, photographs, audio, video, audiovisual work, or other materials on the Services, you hereby grant to Speecher a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display at an aggregate level, create derivative works from, incorporate such content into other works; sublicense through multiple tiers the content, and acknowledge that this license cannot be terminated by you once your content is submitted to the Services. You agree that you own or have secured all legal rights necessary for the content submitted by you to be used by you, Speecher, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the content and that neither they or Speecher have any obligation to you or anyone else to maintain the confidentiality of the content. Have in mind that users’ voice and video recordings are strictly meant for use in giving feedback and to develop artificial intelligence or machine learning models to further improve the Service.
4. User Representations and Warranties
You agree and warrant to Speecher that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, or (3) otherwise the target of U.S. sanctions.
5. Appropriate Use
You agree to not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party or (ii) in Speecher’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Speecher or its users to any harm or liability of any kind.
6.Use of Speecher
You agree to defend, indemnify and hold harmless Speecher and its owners, directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any feedback using voice-to-text or human coaches we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
7.Purchases
Speecher originally charged on a per-minute rate, which depended on the feedback option chosen. The newest versions of Speecher now charge a subscription, which can be monthly or yearly. Although Speecher can be used for free, a subscription can be paid to access additional features. Monthly subscriptions auto-renew every month. Yearly subscriptions auto-renew every year. If you do not wish to auto-renew, you need to cancel the subscription before the renewal date.
8.License
Subject to these Terms and Conditions, Speecher grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Speecher and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.
9. Refund Policy
In the event that Speecher suspends or terminates your use of the Service, you understand and agree that you will receive no refund or exchange of any kind. You also understand that you may not request a refund if you are not satisfied with the Service.
10.Third Parties
You understand that the Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Speecher. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Speecher, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Speecher shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
The Service may include advertisements, which may be targeted to the content or information on the Service, or other information. The types and extent of advertising by Speecher on the Service are subject to change. In consideration for Speecher granting you access to and use of the Service, you agree that Speecher and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
11. No Representations or Warranties
The Service and all content relevant to the Service, information, data, property and rights granted or provided to you by Speecher are provided to you on an “as is” basis. Speecher, providers and suppliers make no representations or warranties of any kind with respect to the Service, either express or implied, and all such representations and warranties are expressly disclaimed. Without limiting the generality of the foregoing, Speecher does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, operation without errors, results or non-infringement. The Service may be unavailable during peak demand periods, system maintenance or upgrades, malfunctions or for other reasons. Depending on your jurisdiction, the exclusion of implied warranties may not apply to you.
12. Limitations
Speecher will not be responsible for loss of use of the Service, inaccurate or delayed results, profit losses, the cost of substitute services or damaged property.
13. End of Service
Your access and use of the Service may be terminated by Speecher immediately at any time, for any reason, and at such time you will have no further right to use the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Speecher’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination, whether the termination is by choice of the user or Speecher.
14. Ownership of Content and Trademarks
Designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement, included in the Service, are the proprietary property of Speecher or its licensors. Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain and content of the Service. All data, information and materials generated from your access and use of the activities made available on or through the Service shall be exclusively owned by Speecher, and you shall not have any right to use such content except as expressly authorized by these Terms and Conditions. All rights of Speecher or its licensors that are not expressly granted in these Terms and Conditions are reserved to Speecher and its licensors.
The Speecher service marks, graphics and logos used in connection with the Service are trademarks or service marks of Speecher or their respective owners, and some of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Speecher name or any Speecher or third-party trademarks, service marks, graphics or logos.
15. Governing Law and Arbitration
These terms and conditions are governed by and construed in accordance with the laws of Delaware and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
To the fullest extent permitted by applicable law, YOU AND SPEECHER EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND SPEECHER EACH WAIVE ANY RIGHT TO A JURY TRIAL.
June 30th, 2021