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Terms of Service
Last Modified: 12/7/23
These Terms of Service (these “Terms”) describe the terms and conditions by which you may access and/or use the website(s), including speak.com, usespeak.com, and any successor URL(s) (the “Sites”), the companion mobile applications for Apple and/or Google (as each of those terms is defined below) devices (the “Apps”), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, including the Sites and the Apps, the “Service”) provided by Speakeasy Labs, Inc. (including its successors and assigns, “Speak,” “we,” “our,” or “us”). By accessing and/or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice, as further described in Section 9.1 (Privacy). We reserve the right to modify these Terms, and we will provide notice of material changes as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, “Users,” and, as applicable to you, “you” or “your”). Deviating terms applicable to Users residing in France or Germany are set out in Section 23 (Deviating Terms Applicable to Users Resident in France and Germany).
Please read these terms carefully to ensure that you understand each provision. These terms contain a mandatory individual arbitration provision in Section 19.2 (the “Arbitration Agreement”) and a class action/jury trial waiver provision in Section 19.3 (the “Class Action/Jury Trial Waiver”) that require, unless you opt out pursuant to the instructions in the arbitration agreement, the exclusive use of final and binding arbitration on an individual basis to resolve disputes between you and us, including any claims that arose or were asserted before you agreed to these terms. To the fullest extent permitted by applicable law (as defined below), you expressly waive your right to seek relief in a court of law and to have a jury trial on your claims, as well as your right to participate as a plaintiff or class member in any class, collective, private attorney general, or representative action or proceeding.
How We Administer the Service
Eligibility. This is a contract between you and Speak. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). Without limiting the generality of the foregoing, any access to, or use of, the Service by anyone who is a minor (which is under the age of 18 in most jurisdictions) in any applicable jurisdiction (a “Minor”) is strictly prohibited and in violation of these Terms, unless such access and/or use is supervised by a parent or legal guardian (“Parent”) who: (a) has read and understands these Terms; (b) approves all rights granted, and all obligations undertaken, by the Minor hereunder; and (c) agrees to be bound by these Terms. If you are a Parent of a User who is a Minor, then, by allowing such Minor to access and/or use the Service, you are subject to these Terms and responsible for such Minor’s activity on the Service. With respect to the Parent of a User who is a Minor, “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means “the Parent, on behalf of the Parent and the Minor,” and “your” has the corresponding meaning. The Service is not available to any Users we previously removed from the Service.
User Accounts
Your User Account. Your account on the Service (your “User Account”) gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. You acknowledge that, notwithstanding anything to the contrary herein, you do not own your User Account, nor do you possess any rights to data stored by or on behalf of Speak on the servers running the Service. We may maintain different types of User Accounts for different types of Users.
Organizational Accounts. Certain individuals may access and/or use the Service on behalf of a company or other entity, such as an employer (such entity, an “Organization”). In such cases, notwithstanding anything to the contrary herein: (i) these Terms are an agreement between (A) us and each such individual and (B) us and that Organization; (ii) “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means (A) each such individual and (B) “the Organization, on behalf of itself, and on behalf of or for the benefit of (as applicable), the Organization’s employees, contractors, agents, and other representatives who are permitted by Speak to access and/or use the Service (collectively, “Org Users”)”; and “your” has the corresponding meanings; (iii) the individual accepting these Terms represents and warrants to having the authority to bind that Organization to these Terms (and, in the absence of such authority, such individual may not access, nor use, the Service), and such individual’s acceptance of these Terms will bind that Organization to these Terms; (iv) we may disclose information regarding each Org User and such Org User’s access to and use of the Service to that Organization; (v) any individual’s right to access and use the Service may be suspended or terminated (and the administration of the applicable User Account may be transferred) if such individual ceases to be associated with, or ceases to use an email address associated with or provisioned by, that Organization; (vi) that Organization will make all Org Users aware of these Terms’ provisions, as applicable to such Org Users, and will cause each Org User to comply with such provisions; and (vii) that Organization will be solely responsible and liable for all acts and omissions of the Org Users and any act or omission by any Org User that would constitute a breach of these Terms had it been taken by that Organization will be deemed a breach of these Terms by that Organization. Without limiting the generality of the foregoing, if an individual opens a User Account using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with such individual’s access to or use of the Service (or reimburses such individual for payment of such fees), then we may, in our sole discretion, deem such individual to be accessing and using the Service on behalf of that Organization.
Connecting Via Third-Party Services. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service and to store your log-in credentials and/or access tokens for that service, in each case as permitted by that third-party service.
Account Security. You may never use another User’s User Account without such User’s permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. If applicable, we encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your User Account. Any Org User with administrator-level access to your User Account can modify your User Account settings, access, and billing information. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your User Account and/or any changes to your User Account, including, without limitation, changes made by any Org User with administrator-level access to your User Account. You will notify us immediately of any breach of security or unauthorized use of your User Account.
Account Settings. You may control certain aspects of your User Account and any associated User profile, and of the way you interact with the Service, by changing the settings in your settings page. By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use that email address to send you other messages, including, without limitation, marketing and advertising messages, such as messages notifying you of changes to features of the Service and special offers (collectively, “Marketing Emails”). If you do not want to receive Marketing Emails, you may opt out of receiving them or change your preferences by contacting the Service support team at [email protected] or by clicking on the “unsubscribe” link within a Marketing Email. Opting out will not prevent you from receiving Service-related notices.
Changes, Suspension, and Termination. You may de-activate your User Account at any time. We may, with or without prior notice, change the Service, stop providing the Service or features of the Service to you or to Users generally, or create usage limits for the Service. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account and/or the Service without liability, with or without cause, and for any or no reason, including if, in our sole determination, you violate any provision of these Terms. Upon their termination for any reason or no reason, you continue to be bound by these Terms.
Your Interactions with Other Users. You are solely responsible for your interactions, including SHARING OF INFORMATION, with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM your interactions with other Users, AND for any User’s action or inaction, INCLUDING RELATING TO USER CONTENT (as defined below).
Access to the Service; Service Restrictions
Access to the Service. Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use or internal business purposes, as applicable, strictly as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service. Notwithstanding anything to the contrary herein, certain portions of the Service may be available only during the Subscription Term(s) (as defined below), as further described in Section 8.4 (Subscription Plans).
Restrictions and Acceptable Use. Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not assist, permit, or enable any third party to do, any of the following:
User Content
General. The Service may allow Users to submit, post, display, provide, share, or otherwise make available on or via the Service content such as profile information, videos, images, music, comments, questions, and other content, data, and/or information (collectively, excluding Output, Usage Data, and Feedback (as each of those terms is defined below), “User Content”). If you are an Org User, then we may, in our sole discretion, deem all of your User Content as belonging to the applicable Organization.
Rights to User Content. We claim no ownership rights over user content, and, as between you and us, all user content that is submitted, posted, displayed, provided, shared, or otherwise made available on or via the service by you is and will remain yours. However, you understand that, per the below license grant to other Users, certain functionalities of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content and Output (as defined below). You will mark any sensitive or proprietary content as confidential prior to making such content available to any other User. We have the right (but not the obligation) to remove any User Content and/or Output, in our sole discretion. By submitting, posting, displaying, providing, sharing, or otherwise making available any User Content and Output on or through the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Speak a fully paid, royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license, with the right to grant and authorize sublicenses, to use, copy, reproduce, store, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Output and your name, voice, and likeness as contained in your User Content or Output, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Service and Speak’s (and its subsidiaries’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and to perform such other actions as described in our Privacy Notice or as authorized by you in connection with your use of the Service. You also hereby grant each other User a non-exclusive license to access your User Content and Output through the Service, and to use, reproduce, distribute, display, edit, perform, and otherwise interact with such User Content and Output, in each case in accordance with the Service’s functionalities and these Terms.
Your Representations and Warranties. You affirm, represent, and warrant the following:
Disclaimer. We take no responsibility and assume no liability for any User Content. You will be solely responsible for your User Content and the consequences of submitting, posting, displaying, providing, sharing, or otherwise making IT available on or through the Service, and you understand and acknowledge that we are acting only as a passive conduit for your online distribution and publication of your User Content. You understand and acknowledge that the service may expose you to content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you understand and acknowledge that we will not be liable for any damages you allege to incur as a result of or relating to any content accessed on or through the Service.
Our Intellectual Property
Intellectual Property Rights Definition. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of personality, trademark, trade dress and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights and proprietary rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under Applicable Law.
Speak Intellectual Property. You understand and acknowledge that we (or our licensors (including other Users), as applicable) own and will continue to own all rights (including Intellectual Property Rights), title, and interest in and to the Service, all materials and content displayed or otherwise made available on and/or through the Service (including, without limitation, images, text, graphics, illustrations, logos, photographs, audio, videos, music, and User Content belonging to other Users; but, excluding your User Content), and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service (collectively and individually, “Intellectual Property”). Except as may be explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any Intellectual Property. Use of any Intellectual Property for any purpose not expressly permitted by these Terms is strictly prohibited.
Output. You may use your output of the Service (“Output”) for any lawful purpose (except as described below), on a royalty-free basis, in each case subject to your compliance with these Terms, including the following: (a) your use of the Service and the Output does not transfer to you ownership of any Intellectual Property Rights in or to the Service and (b) we may, by notice to you at any time, limit your use of the Output or require you to cease using the Output (and to delete any copies of the Output) if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated nor use the Output to train your own machine learning models.
DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. use of THE Service may result in incorrect Output that does not accurately reflect REALITY. You MUST evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. YOU acknowledge AND AGREE THAT THE OUTPUT MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACcURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO Your PURPOSE. you acknowledge and AGREE THAT We SHALL NOT BE LIABLE FOR ANY DAMAGES you OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF, OR RELATING TO, ANY OUTPUT OR OTHER CONTENT GENERATED BY, OR ACCESSED ON OR THROUGH, THE SERVICE.
Usage Data. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including Intellectual Property Rights, in and to the Service.
Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Speak products or services (collectively, “Feedback”), you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third party, for any purpose whatsoever, although we are not required to use any Feedback. Feedback is deemed our Confidential Information (as defined below). You acknowledge that, by acceptance of your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Speak Property. The Service contains data, information, and/or other content, such as reputational or status indicators, in-world currency, and/or fictional property representing virtual achievements (for instance, badges, trophies, and/or powers) (collectively, “Speak Property”). Notwithstanding any terminology that may suggest you own or have any claims to any Speak Property, we solely and exclusively own all Speak Property and we reserve all rights to same, except that we hereby grant you a non-exclusive, limited, non-transferable, and freely revocable right to use certain Speak Property as permitted by the Service’s functionalities. Without limiting the generality of the foregoing, (a) Speak Property is not redeemable for any sum of money or monetary value from Speak at any time, and (b) we have the absolute right to manage, regulate, control, modify, transfer, and/or delete Speak Property as we see fit, in our sole discretion, in any general or specific case, and we will have no liability to you based on our exercise of such right. Notwithstanding any value attributed to such data by you or by any third party, any data, user account history, and user account content residing on the servers running the service may be altered, transferred, or deleted at any time, for any reason or no reason, in our sole discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and we expressly disclaim, any value, cash or otherwise, attributed to any data residing on the servers running the service.
Confidential Information
The Service may include non-public, proprietary, or confidential information of Speak and/or of other Users (regardless of its form or embodiment (e.g., oral, written, machine-readable (including by electronic data transmission)), demonstrations, presentations, drawings, or otherwise, “Confidential Information”). Without limiting the generality of the foregoing, Speak’s Confidential Information includes these Terms, information concerning the business, affairs, products and services, technology, marketing and public relations plans, customers, clients, and/or suppliers of Speak, and all information of any kind (including all specifications, drawings and designs, analyses, compilations, notes, studies, memoranda, or other documents disclosed in writing, on disc, orally, by inspection of documents, or pursuant to discussions between you and us) that would reasonably be regarded as confidential and that has been disclosed by Speak or its representatives to you pursuant to these Terms. Confidential Information excludes information that: (a) is, or becomes, generally available to the public through no act or omission by you; (b) was available to you on a non-confidential basis prior to disclosure hereunder; or (c) was, is, or becomes available to you on a non-confidential basis from a person who was not under any confidentiality obligation in respect of that information at the time of disclosure to you. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section.
DMCA Notice
We respect artists and content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:
The above information must be submitted to our DMCA Agent, using the following contact information:
Under United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that the procedure outlined herein is exclusively for notifying Speak and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Speak’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other Applicable Law.
In accordance with the DMCA and other Applicable Law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the User Accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Our Publicity Rights
We may identify you as a User in our promotional materials. We will promptly stop doing so upon receipt of your request sent to [email protected].
Payments, Billing, and Subscription Plans
Billing Policies; Taxes. Certain aspects of the Service may be provided for free, while certain other aspects of the Service and/or products available on the Sites and/or Apps may be provided for a fee or other charge (“Fee”). Each Fee (including each Subscription Fee (as defined below)) is the sum of the applicable Speak Fee (as defined below) and any applicable Third-Party Fees (as defined below). By electing to use non-free aspects of the Service, including enrolling in Subscription(s) (as defined below), you agree to the pricing and payment terms applicable to you and currently available at https://app.usespeak.com/us-en/products (as we may update them from time to time, the “Pricing and Payment Terms”). The Pricing and Payment Terms are hereby incorporated by reference herein. We may add new products and/or services for additional Fees, add or amend Fees for existing products and/or services, and/or discontinue offering any Subscriptions at any time, in our sole discretion; provided, however, that if we have agreed to a specific Subscription Term and a corresponding Subscription Fee, then that Subscription will remain in force for that Subscription Fee during that Subscription Term. Any change to the Pricing and Payment Terms will become effective in the billing cycle following our provision of notice of such change. Except as may be expressly stated in these Terms or in the Pricing and Payment Terms, all Fees must be paid in advance, payment obligations are non-cancelable once incurred (subject to any cancellation rights set forth in these Terms or granted to you under Applicable Law), and Fees paid are non-refundable. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, and withholding taxes, assessable by any jurisdiction (collectively, but, for clarity, excluding taxes based on our net income, “Taxes”). You will be responsible for paying all Taxes associated with your purchases and/or Subscriptions in connection with the Service.
Definitions
Your Payment Method
General. To use non-free aspects of the Service, you must provide us with at least one (1) current, valid payment card that is accepted by us and Payment Processor (each such card, a “Payment Method”). By providing a Payment Method, you authorize each of Speak and Payment Processor to charge that Payment Method the applicable Fees and Taxes, including, if applicable, on a recurring basis until you cancel your Subscription (including any notice period specified in Section 8.4(c) (Cancellation Procedures)). Fees and Taxes will be charged to your Payment Method on the specific payment date indicated in your User Account. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, if you changed your Subscription plan, or if your Subscription began on a date not contained in a subsequent month. The length of your billing cycle will depend on the type of Subscription in which you are enrolled, if applicable. Fees are fully earned upon payment. We may authorize your Payment Method in anticipation of Service-related charges through various methods, including authorizing it up to one (1) month of service as soon as you register for the Service.
Third-Party Payment Processor. We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). You acknowledge and understand that Payment Processor may collect and retain Third-Party Fees whenever you pay Fees (including Subscription Fees). Payment must be received by Payment Processor before our acceptance of an order. We do not view or store your full credit card or other Payment Method information. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.
Payment Representations and Warranties. You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorized to use the Payment Method(s); (iii) you will pay any and all charges incurred by users of your Payment Method in connection with the Service, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; (iv) charges incurred by you will be honored by your Payment Method company; (v) you will not allow or enable anyone else to use your Subscription (including, without limitation, by sharing your password(s) or any other relevant authentication credentials with anyone else, or by attempting to transfer your Subscription to anyone else); and (vi) you will report to us any unauthorized or prohibited access to or use of your Subscription and/or password(s) or other authentication credentials.
Disclaimer. We disclaim any and all liability with respect to, and you understand and acknowledge that we are not responsible for: (i) any security or privacy breaches related to your credit card or other Payment Method, (ii) any fees that may be charged to you by your bank in connection with the collection of Fees, and/or (iii) any unauthorized use of your credit card, debit card, or other Payment Method by a third party.
Subscription Plans
Automatic Renewals. Subscriptions are available on an automatically renewing subscription basis and entail payment of Subscription Fees. Your subscription will automatically renew at the end of each subscription term identified in your subscription order for subsequent terms equal in length to that initial subscription term (each such period, a “Subscription Term”) unless and until you cancel the applicable subscription in accordance with the cancellation procedures identified in section 8.4(c) (Cancellation Procedures) (including any notice period specified in Section 8.4(c)).
Automatic Billing and Policies. When you enroll in a Subscription, you expressly acknowledge and agree that: (i) each of Speak and Payment Processor is authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable Taxes, and any other charges you may incur in connection with such Subscription, subject to adjustment in accordance with these Terms; and (ii) your Subscription is continuous until the earlier of: (A) your cancellation of such Subscription (including any notice period specified in Section 8.4(c) (Cancellation Procedures)) and (B) the suspension, discontinuation, or termination of your access to such Subscription or to the Service in accordance with these Terms. You understand and acknowledge that the amounts billed may vary due to Promotional Offers (as defined below), changes to the Subscription Fee in accordance with the Pricing and Payment Terms, and/or changes in applicable Taxes, and you authorize each of Speak and Payment Processor to charge your Payment Method the changed amounts.
Cancellation Procedures. To cancel any Subscription, you must notify us at least three (3) days before the start of the next Subscription Term by using the appropriate functionalities of the Service or by contacting us at [email protected]. You will continue to have access to the Subscription through the end of the then-current Subscription Term. You understand that unless and until you notify us of your intent to cancel, your subscription and the corresponding subscription fee will automatically renew, and you authorize each of Speak and payment processor (without notice to you, unless required by applicable law) to charge you the applicable subscription fee and any applicable taxes, using any of your payment methods.
Cancellation; Refunds. You may de-activate your User Account or any Subscription at any time, in your sole discretion, and we may, subject to Section 8.1 (Billing Policies; Taxes), suspend or terminate your Subscription, your User Account, or the Service at any time, in our sole discretion. However, you understand and acknowledge that, unless required by applicable law, you will not be entitled to receive any refund or credit for any such cancellation, suspension, or termination, nor for any unused time on your subscription, any pre-payments made in connection with your subscription, any usage or subscription fees for any portion of the service, any content or data associated with your user account, or anything else, and that any such refunds or credits may be granted at our sole option and in our sole discretion. If you believe you have been improperly charged and would like to request a refund, please contact us at [email protected].
Free Trials. We may, at our sole option and in our sole discretion, offer free trials to a particular portion of the Service, subject to the terms of the offer. If you are signed up to such a free trial, we or Payment Processor will automatically bill your Payment Method on the day that follows the last day of your free trial (which day will be the first day of your first Subscription Term), and on the first day of each subsequent Subscription Term, subject to these Terms. You may not receive a notice that your free trial has ended and that payment for your Subscription is due and will be collected. If you wish to avoid charges to your Payment Method, you must cancel your free trial before seven (7) days have elapsed since your signed up for such free trial. If you cancel your free trial while it is ongoing, your access to the applicable portion of the Service may be terminated immediately upon such cancellation.
Promotional Offers. We may from time to time offer special promotional offers, plans, or memberships (“Promotional Offers”). Promotional Offer eligibility is determined by us in our sole discretion, and we reserve the right to revoke a Promotional Offer in the event that we determine you are not eligible. We may use information such as device ID, method of payment, and/or an email address used in connection with your User Account to determine eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Promotional Offer or in other communications made available to you. You understand and acknowledge that any Promotional Offers, including, without limitation, relating to Subscriptions, are subject to change at any time and from time to time.
Privacy; Data Security
Privacy. We care about your privacy. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to, and/or processed in, the United States.
Security. 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 to use your data for improper purposes. You acknowledge that you provide your data at your own risk.
Text Messaging and Calls
General. You may provide us with your telephone number as part of creating your User Account or otherwise. By providing a telephone number, you consent to receiving autodialed or prerecorded calls and/or text messages from us, or on our behalf, at such telephone number. We may place such calls or send such texts to (a) help keep your User Account secure through the use of multi-factor authentication (“MFA”); (b) help you access your User Account if you are experiencing difficulties; and/or (c) as otherwise necessary to service your account or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you. Part of the MFA identity-verification process may involve Speak sending text messages containing security codes to the telephone number you provided, and you agree to receive such texts from or on behalf of Speak.
Consent to Transactional Communications. You expressly consent and agree to Speak contacting you using written, electronic, and/or verbal means, including manual dialing, emails, prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account, and as permitted by Applicable Law, in each case even if the phone number is registered on any United States federal and/or state Do-Not-Call/Do-Not-email registry/ies. Message and data rates apply. For purposes of clarity, the text messages described in this paragraph are transactional text messages, not promotional text messages.
Consent to Promotional Messages. Additionally, we offer you the chance to enroll to receive recurring SMS/text messages from Speak. You may enroll to receive text messages about account-related news and alerts and/or Promotional Offers (including cart reminders) and marketing related to Speak products and/or services. By enrolling in Speak’s SMS/text messaging service, you agree to receive text messages from Speak to the mobile phone number provided by you, and you certify that such mobile number is true and accurate and that you are authorized to enroll such mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that message and data rates apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Consent is not required as a condition of purchase. To the extent permitted by Applicable Law, we are not responsible for any delays upon sending or receiving text messages.
Unsubscribing From Messages. You may opt out from receiving text messages at any time. To unsubscribe from text messages, reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE” to any text message you receive from Speak. You consent that following such a request to unsubscribe, you may receive one (1) final text message from or on behalf of Speak confirming your request. For help, contact us at [email protected].
Additional Terms for Apps
General. To use any App, you must have a mobile device that is compatible with such App. Speak does not warrant that any App will be compatible with your mobile device; further information on compatibility is to be found in the support documentation in the Apple App Store and the Google Play Store. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any App, except to the extent that such restriction is expressly prohibited by Applicable Law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third party, or use any App to provide time sharing or similar services for any third party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App, features that prevent or restrict use or copying of any content accessible through any App, or features that enforce limitations on use of the Apps; or (e) delete the copyright or other proprietary rights notices on any App. You acknowledge that we may, from time to time, issue upgraded versions of the Apps, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into an App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to the Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
iOS App. This Section 11.2 (iOS App) applies to any App you acquire from the Apple App Store (such App, “iOS App”). You and Speak understand and acknowledge that these Terms are solely between you and Speak, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Speak as provider of the iOS App. You and Speak acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third party’s intellectual property rights, Speak, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. You and Speak acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.
Android App. The following applies to any App you acquire from the Google Play Store (such App, “Android App”): (a) you acknowledge that these Terms are between you and Speak only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Speak, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App.
Referral Program Terms
We may offer referral programs whereby you receive the opportunity to earn certain rewards (each such program, a "Referral Program"). Participation in any Referral Program is subject to our Referral Program Terms. Please refer to the Referral Program Terms to learn about your eligibility and terms related to the participation in any Referral Programs.
Your Use of Third-Party Services
The service may contain links to third-party sites, materials, and/or services (collectively, “Third-Party Services”) that are not owned or controlled by us, and certain functionalities of the service may require your use of third-party services. If you use a third-party service in connection with the service, you are subject to and agree to, and must comply with, the third party’s terms and conditions made available via, or agreed in connection with, its services. We do not endorse or assume any responsibility for any third-party services. If you access a third-party service from the service or share your user content or output on or through any third-party service, you do so at your own risk, and you understand that these terms and our privacy notice do not apply to your use of any third-party service. You expressly relieve us from any and all liability arising from your access to and/or use of any third-party service. Additionally, your dealings with, or participation in promotions of, advertisers found on the service, including as relates to payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You understand and acknowledge that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Release
You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any Applicable Law that says, in substance: “a general release does not extend to claims which the releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, would have materially affected his or her settlement with the released party.”
Indemnity
You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including Speak, the “Speak Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including, without limitation, your use of Output; (b) your violation of any term of these Terms, including, without limitation, your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or Intellectual Property Right; (d) your violation of any Applicable Law; (e) User Content or any content that is submitted via your User Account, including, without limitation, any misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any third party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s).
Beta Version
PLEASE NOTE THAT some aspects of THE SERVICE are CURRENTLY BEING PROVIDED IN their BETA VERSIONs (such aspects, the “beta services”), AND THAT the beta services’ FEATURES HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, the beta SERVICEs CURRENTLY CONSTITUTE A WORK IN PROGRESS, AND, AS SUCH, THERE MAY BE UNRESOLVED ISSUES. UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS of same, PLEASE DO NOT USE the beta services.
No Warranty; Disclaimers
The service is provided on an “as is” and “as available” basis. Your use of the service is at your own risk. To the maximum extent permitted by applicable law, the service, the intellectual property, and any other information available on or through the service 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, and/or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly stated herein. Without limiting the generality of the foregoing, none of the Speak indemnitees warrants that any content or any other information contained in, or available via, the service is accurate, comprehensive, reliable, useful, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in the service 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 service is so obtained at your own risk, and you will be solely responsible for any damage to your computer system(s) or mobile device(s) and/or for loss of data that results from same or from your access to and/or use of the service. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by applicable law.
Further, Speak does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the service or any hyperlinked website or service, and Speak will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.
United states federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will any Speak indemnitee be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service or any portion thereof. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the service or your user account or the information contained therein.
To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; (c) any unauthorized access to or use of the servers running the service and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the service; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (f) any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (g) your data, any user content, or the defamatory, offensive, or illegal conduct of any third party.
In no event will any Speak indemnitee be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us hereunder or one hundred U.S. Dollars ($100.00), whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion of and/or limitations on incidental or consequential damages, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. You agree that: (a) the Service will be deemed solely based in the State of Delaware; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or Intellectual Property Rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.
Arbitration Agreement
General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at [email protected] with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
Dispute-Resolution Process. For any Claim, you will first contact us at [email protected] and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Sussex County, Delaware, unless you and Speak agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
Equitable Relief. Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or intellectual property rights; or preventing you from asserting claims in a small claims court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.
Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
Class Action/Jury Trial Waiver. by entering into these terms, you and Speak are each waiving the right to a trial by jury or to bring, join, or participate in any purported class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member. the foregoing applies to all users (both natual persons and entities), regardless of whether you have obtained or used the service for personal, commercial, or other purposes. This class action/jury trial waiver applies to class arbitration, and, unless we agree otherwise, the Arbitrator may not consolidate more than one person’s or entity’s claims. You and Speak agree that the Arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other users.
U.S. Government Restricted Rights
To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable.
Export Controls
You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, or, if you are an Organization, that no person or entity owning 50% or more of your equity securities or other equivalent voting interests, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.
General Provisions
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Notification Procedures and Changes to these Terms. We may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Site(s) and/or App(s), as we determine, in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification, as required under Applicable Law or as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.
Entire Agreement; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid, illegal, or otherwise unenforceable for any reason in any jurisdiction, the validity, legality, and enforceability of the remaining provisions, or of such provision in any other jurisdiction, will not in any way be affected or impaired thereby.
No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Contact. If you have any questions about these Terms and/or the Service, please contact us at [email protected].
Deviating Terms Applicable to Users Resident in France and Germany
Acceptance. Access to the Service requires acceptance of these Terms. You will be asked to click a button or check a box marked “I Agree” (or something similar), thus signifying that you have read, understood, and agree to be bound by these Terms.
User Content. With respect to User Content submitted, posted, displayed, provided, shared, or otherwise made available on or via the service by Users resident in Germany only, in deviation from Section 3.2 (Rights to User Content), such Users grant to Speak rights to such User Content only for known types of use, and Speak may use such User Content only to the extent required to fulfill its obligations under these Terms.
Privacy Notice. The Privacy Notice is provided for your information purposes only and does not form part of these Terms.
Derogations. The second sentence of Section 1.3 (Changes, Suspension, and Termination), the last sentence of Section 4.3 (Output), Section 4.5 (Feedback), Section 6 (DMCA Notice), Section 7 (Our Publicity Rights), the second sentence of Section 8.4(d) (Cancellation; Refunds), Section 9.1 (Privacy), the second sentence of Section 10.1 (General), Section 10.2 (Consent to Transactional Communications), Section 10.3 (Consent to Promotional Messages), Section 15 (Indemnity), Section 17 (No Warranty; Disclaimers), Section 18 (Limitation of Liability), Section 19.2 (Arbitration Agreement), Section 19.3 (Class Action/Jury Trial Waiver), Section 20 (U.S. Government Restricted Rights), Section 21 (Export Controls), the last sentence of Section 22.3 (Entire Agreement; Severability), and Section 22.5 (California Residents) of these Terms will not be applicable to Users resident in France and Germany.
Limitation of Liability (Germany). Instead of Section 18 (Limitation of Liability) and any other limitation of liability provision set forth in these Terms, the following will apply to all Users (including Org Users and Organizations) residing in Germany:
The User's remedies of damages or reimbursement of wasted expenses will be governed by this Section 23.5 (Limitation of Liability (Germany)), irrespective of the legal nature of the remedy or claim.
Speak is liable without limitation for any losses arising out of injury to life, limb, or health and that are due to any intentional or negligent breach of duty by Speak, or any intentional or negligent breach of duty of a legal representative or an agent of Speak.
For other liability claims, Speak will be liable without limit only if a guaranteed quality is not present, as well as for damage due to willful intent and gross negligence, including those of its legal representatives and senior employees. Speak will be liable for the fault of other agents only to the extent of the liability for slight negligence under Section 23.5(d) (Limitation of Liability (Germany)).
Speak will be liable for slight negligence only insofar as there is a breach of a duty, the performance of which is of exceptional importance to the achievement of the contractual purpose (fundamental obligation / "Kardinalpflicht"). On breach of a fundamental obligation, the liability is limited in total to three times (3X) the contract value (i.e., the value of any portion of the Service for which the applicable User paid), as well as to losses the origination of which must be typically anticipated in connection with the specific portion of the Service used.
The liability for data loss is limited to the typical expense of recovery that would have occurred had back-up copies been made regularly and which is commensurate with the hazards.
Liability under the Federal Product Liability Act remains unaffected.
Limitation of Liability (France). If you are a User resident in France, Section 18 (Limitation of Liability) will not apply to you. We will, however, not be liable in case of breach of these Terms caused by a force majeure event as defined under Article 1218 of the French Civil Code, or caused by you, or resulting from your breach of these Terms.
Legal warranties (France). The following legal warranties apply to the Service during the Subscription Term(s), with respect to Users resident in France only. In order to comply fully with article D211-4 of the French Consumer Code, we must remind you, in the box below, of the procedures for exercising the legal guarantee.
L’Utilisateur a droit à la mise en œuvre de la garantie légale de conformité en cas d'apparition d'un défaut de conformité pendant la Durée de Souscription. Pendant la Durée de Souscription, l’Utilisateur n'est tenu d'établir que l'existence du défaut de conformité des Services et non la date d'apparition de celui-ci.
La garantie légale de conformité emporte obligation de fournir toutes les mises à jour nécessaires au maintien de la conformité pendant la Durée de Souscription. La garantie légale de conformité donne par ailleurs au consommateur droit à la mise en conformité des Services sans retard injustifié suivant sa demande, sans frais et sans inconvénient majeur pour lui.
L’Utilisateur peut mettre fin au contrat, si (i) le professionnel refuse de mettre le contenu numérique ou le service numérique en conformité ; (ii) la mise en conformité du contenu numérique ou du service numérique est retardée de manière injustifiée ; (iii) la mise en conformité du contenu numérique ou du service numérique ne peut intervenir sans frais imposés à l’Utilisateur ; (iv) la mise en conformité du contenu numérique ou du service numérique occasionne un inconvénient majeur pour l’Utilisateur ; ou (v) la non-conformité du contenu numérique ou du service numérique persiste en dépit de la tentative de mise en conformité du professionnel restée infructueuse.
L’Utilisateur a également droit à la résolution du contrat lorsque le défaut de conformité est si grave qu'il justifie que la résolution du contrat soit immédiate. L’Utilisateur n'est alors pas tenu de demander la mise en conformité du contenu numérique ou du service numérique au préalable.
Dans les cas où le défaut de conformité est mineur, l’Utilisateur n'a droit à l'annulation du contrat que si le contrat ne prévoit pas le paiement d'un prix.
Toute période d'indisponibilité du contenu numérique ou du service numérique en vue de sa remise en conformité suspend la garantie qui restait à courir jusqu'à la fourniture du contenu numérique ou du service numérique de nouveau conforme.
Ces droits résultent de l'application des articles L. 224-25-1 à L. 224-25-31 du code de la consommation. Le professional qui fait obstacle de mauvaise foi à la mise en œuvre de la garantie légale de conformité encourt une amende civile d'un montant maximal de 300 000 euros, qui peut être porté jusqu'à 10 % du chiffre d'affaires moyen annuel (article L. 242-18-1 du code de la Consommation).
L’Utilisateur bénéficie également de la garantie légale des vices cachés en application des articles 1641 à 1649 du code civil, pendant une durée de deux ans à compter de la découverte du défaut.
Speak est la société répondant aux garanties légales. Cette dernière peut être contactée aux coordonnées figurant à la Section 22.6 des présentes.
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Auto-Renew Subscriptions (France). This Section 23.8 (Auto-Renew Subscriptions (France)) applies in addition to Section 8.4 (Subscription Plans) of these Terms with respect to Users resident in France only. Pursuant to Article L. 215-4 of the French Consumer Code, the following information is provided:
Pour les contrats de prestations de services conclus pour une durée déterminée avec une clause de reconduction tacite, le professionnel prestataire de services informe le consommateur par écrit, par lettre nominative ou courrier électronique dédiés, au plus tôt trois mois et au plus tard un mois avant le terme de la période autorisant le rejet de la reconduction, de la possibilité de ne pas reconduire le contrat qu'il a conclu avec une clause de reconduction tacite. Cette information, délivrée dans des termes clairs et compréhensibles, mentionne, dans un encadré apparent, la date limite de non-reconduction.
Lorsque cette information ne lui a pas été adressée conformément aux dispositions du premier alinéa, le consommateur peut mettre gratuitement un terme au contrat, à tout moment à compter de la date de reconduction.
Les avances effectuées après la dernière date de reconduction ou, s'agissant des contrats à durée indéterminée, après la date de transformation du contrat initial à durée déterminée, sont dans ce cas remboursées dans un délai de trente jours à compter de la date de résiliation, déduction faite des sommes correspondant, jusqu'à celle-ci, à l'exécution du contrat.
Les dispositions du présent article s'appliquent sans préjudice de celles qui soumettent légalement certains contrats à des règles particulières en ce qui concerne l'information du consommateur.
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Auto-Renew Subscriptions (Germany). This Section 23.9 (Auto-Renew Subscriptions (Germany)) applies in addition to Section 8.4 (Subscription Plans) of these Terms with respect to Users resident in Germany only. Users resident in Germany may terminate these Terms following the initial Subscription Term, which shall be no longer than two (2) years, with a one- (1-) month notice period prior to the end of any following Subscription Terms.
Right of Withdrawal for Consumers. If you are a consumer residing in the European Union, you have the following right to withdraw from these Terms:
Right of Withdrawal. You have the right to withdraw from these Terms within fourteen (14) days of agreeing to be bound by these Terms without giving any reason. The withdrawal period is fourteen (14) days from the date of the conclusion of these Terms. To exercise your right of withdrawal, you must inform us (Speakeasy Labs, Inc., 99 Osgood Place, Suite 400, San Francisco, CA 94133, +1(707) 397-9360, [email protected]) of your decision to withdraw from this agreement by means of a clear statement (e.g., a letter sent by post or an email). For this purpose, you can use the model withdrawal form found below, which is, however, not mandatory.
Consequences of Withdrawal. If you withdraw these Terms, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen (14) days from the day on which we received the notification of your withdrawal of these Terms. For this repayment, we will use the same Payment Method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
Important Note. The right of withdrawal will also expire in the case of contracts for the provision of digital content not on a tangible medium under the conditions where we have commenced performance of these Terms after you have expressly consented to our commencing performance of these Terms before the expiry of the withdrawal period and you have confirmed your knowledge that, by consenting, you lose your right of withdrawal upon commencement of our performance of these Terms. Accordingly, you will not have the right to withdraw from these Terms in the following cases:
in the case of the download of software, if you have downloaded such software and have expressly consented to the immediate performance of these Terms and to losing your right to withdraw your subscription once the download of such software has begun; and
in the case of the provision of any other service, if such service was initiated following an express request from you for immediate provision of the service, and you were aware that you would lose your right of withdrawal.
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Model Withdrawal Form
To: Customer Services Speakeasy Labs, Inc.
Address: 99 Osgood Place, Suite 400, San Francisco, CA 94133
E-mail address: [email protected]
I hereby give notice that I withdraw from my contract for the provision of the following goods/ services
Ordered on/received on ____________________
Name of consumer: ________________________
Address of consumer: ______________________
Signature of consumer (only if this form is provided in paper form): ………………………………………
Date: _________________________
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Total Fees. With respect to Users Resident in France and Germany only, in deviation from Section 8.1 (Billing Policies; Taxes), displayed Fees set out the total prices, including applicable value-added taxes in your jurisdiction.
Governing Law and Jurisdiction. Notwithstanding application of the laws of Delaware to the Terms, Users resident in France or Germany will benefit from the application of the mandatory provisions of the law of their country of residence, with the exclusion of UN sales law (CISG), and any related disputes between such Users and us will be heard in the courts of the User’s respective country of residence.
Changes to these Terms. In deviation from Section 22.2 (Notification Procedures and Changes to these Terms), changes to these Terms will be notified to Users resident in the European Union reasonably in advance, and such Users will be asked to accept such changes in order to continue to access and use the Service.
Assignment. Assignment of these Terms between Speak and the Users will not reduce the rights of consumers pursuant to these Terms.
Standard Terms. Except as expressly modified by this Section 23 (Deviating Terms Applicable to Users Resident in France and Germany), all of the terms and conditions of the Terms (including those set forth in Sections 1 through 22 (inclusive)) will remain in full force and effect.
RECIPIENTS
We may share your personal data with the categories of third parties described in the Our Disclosure of Personal Data section above (as required in accordance with the uses set out in the tables above).
MARKETING
From time to time we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services.
Our marketing messages will be sent by email, text, post, push notification, and instant messages apps such as “WhatsApp”. For some marketing messages, we may use personal data we collect about you to help us determine the most relevant marketing information to share with you.
We will only send you marketing messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the unsubscribe link at the bottom of our marketing emails, by opting out via the link in the text message, [by contacting us on the contact details provided at the end of this Privacy Notice. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
COOKIES AND SIMILAR TECHNOLOGIES
The Speak Website and Application uses cookies and similar tracking technologies to distinguish you from other users of the Speak Website and Application. Cookies are pieces of code that we transfer to your device for record-keeping purposes. This helps us to provide certain functionalities of the Speak Website and Application, to monitor and improve the Speak Website and Application. We also use cookies and similar tracking technologies on the Speak Website and Application to allow our partners determine products and services that may be of interest to you and to display relevant advertising to you as you browse the Internet.
We use the following types of cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our Website and Application. They include, for example, cookies that enable you to log into secure areas of our Website and Application, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors, to see how visitors move around the Speak Website and Application when they are using it and to monitor the performance of certain features on the Speak Website and Application. This helps us to improve the way the Speak Website and Application works, for example, by ensuring that users are finding what they are looking for easily and to test the rollout of new features.
Functionality cookies. These are used to recognise you as you move around the Speak Website and Application and to remember information that you enter when you use the Speak Website and Application, such as when you fill in a form.
Advertising / Performance Cookies. These cookies are used to make advertising messages about Speak that are displayed on third party websites more relevant to you and your interests. They also perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed, and choosing which ads to display to you based on your interests.
Third party cookies. These cookies are used by third parties on our Website for the purposes of serving relevant advertisements to you based on your interests on our Services.
The table at this paragraph 8 sets out more information about the cookies we use and how long they remain on your device.
Other than cookies that are required to operate the Website, we will only place cookies on your device with your consent. You can also change your preferences in relation to the cookies you consent to receive by using our cookie management tool.
You also have the ability to opt out by disabling cookies in your browser or mobile settings. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.
TRACKING TECHNOLOGIES USED IN OUR EMAILS
Our emails may contain tracking pixels that identify email performance information, including delivery status, if and when you have opened an email that we have sent to you, how many times you have read it, and whether you have clicked on any links in that email. We use this information on an aggregate basis to help us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you.
STORING AND TRANSFERRING YOUR PERSONAL DATA
Security. We implement appropriate technical and organisational measures to protect your personal data against accidental or unlawful destruction, loss, change or damage. All personal data we collect will be stored on our secure servers. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information.
International Transfers of your personal data. The personal data we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third party service providers have operations. If you are located in the UK or European Economic Area ("EEA"), your personal data may be processed outside of the UK or EEA. These international transfers of your personal data will be made pursuant to appropriate safeguards, including:
ensuring that the personal data is transferred to countries recognised by the European Commission or the UK Secretary of State (as applicable) as offering an equivalent level of protection; or
ensuring that such transfer is to a third party who uses appropriate safeguards in respect of the processing in question, including but not limited to the UK or EU standard contractual clauses, which are recognised as offering adequate protection for the rights and freedoms of data subjects, as determined by the European Commission or the UK Secretary of State (as applicable).
We may transfer your personal data to, or store your personal data in, the following countries:
We will take appropriate steps to ensure that your personal data is treated securely and in accordance with applicable law and these Privacy Disclosures regardless of where it is processed.
If you wish to enquire further about the safeguards we use, please contact us using the details set out at the end of these Privacy Disclosures.
PROFILING
We may analyse personal data we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively.
YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA
In accordance with applicable privacy laws, you have the following rights in respect of your personal data that we hold:
Right of access. You have the right to obtain:
confirmation of whether, and where, we are processing your personal data;
information about the categories of personal data we are processing, the purposes for which we process your personal data and information as to how we determine applicable retention periods;
information about the categories of recipients with whom we may share your personal data; and
a copy of the personal data we hold about you.
Right of portability. You have the right, in certain circumstances, to receive a copy of the personal data you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal data we hold about you without undue delay.
Right to erasure. You have the right, in some circumstances, to require us to erase your personal data without undue delay if the continued processing of that personal data is not justified.
Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal data if the continued processing of the personal data in this way is not justified, such as where the accuracy of the personal data is contested by you.
Right to withdraw consent. There are certain circumstances where we require your consent to process your personal data. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal data before your withdrawal.
You have a right to object to any processing based on our legitimate interests. There may, depending on the particular circumstances, be compelling reasons for continuing to process your personal data despite your objection, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
In some jurisdictions, you have the right to stipulate instructions concerning the conservation, deletion and communication of your personal data after your death. In the absence of instructions to the contrary from the deceased, it is possible for heirs to request that data processors take into account the death of the deceased with a view to deleting or updating the deceased's account.
If you wish to exercise one of these rights, please contact us using the contact details at the end of these Privacy Disclosures.
We will not charge you a fee for complying with your request to exercise one of these rights, other than where the request is manifestly unfounded or excessive (such as if you submit a number of repeated requests), in which case we may charge you a reasonable fee to cover our administrative costs.
Due to the confidential nature of data processing we may ask you to confirm your identity when exercising the above rights.
You also have the right to lodge a complaint to a data protection authority. If you are based in the European Union, information about how to contact a data protection authority is available here. If you are based in the UK, information about how to contact your local data protection authority is available here.
NOTICE TO YOU
If we need to provide you with information about something, whether for legal, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on the Speak Website and Application.
CONTACTING US
Please contact [email protected] if you have any questions, comments and requests regarding these Privacy Disclosures.
1. Collection and Use of Personal data
We collect various categories and types of personal data from a variety of sources and for a variety of purposes. To learn more about the types of personal data we collect, the sources from which we collect or receive personal data, and the purposes for which we use personal data, please review the How We Collect and Use Personal Data and Our Disclosure of Personal Data sections of our Privacy Notice to learn more.
2. Data Retention
To learn more about our data retention practices, please review the Data Retention section of our Privacy Notice to learn more.
3. Transfer of Personal Data Abroad and Outsourcing of Personal Data Processed
For information on how we may transfer your personal data and outsource our personal data processing activities, please see Annex 1 of our Privacy Notice.
4. Rights of Users and Legal Representatives and Their Exercise Methods
Users can exercise the following rights related to personal data protection at any time against Speakeasy Labs, Inc.
Request for personal data perusal
Request for correction in case of error
Request for deletion
Request for processing stop
Users can request for these rights through Speakeasy Labs, Inc. by letter, phone, email, fax, etc., and Speakeasy Labs, Inc. will take immediate action.
When users request corrections or deletions of personal data errors and omissions, Speakeasy Labs, Inc. does not use or provide the personal data until the correction or deletion is completed.
Such rights can also be exercised through a legal representative or assigned agent of the user. In such cases, a power of attorney in the form of Form 11 of the Enforcement Regulations of the Personal Information Protection Act must be submitted. Users should not violate other users' personal data or their privacy by violating relevant laws and regulations concerning the protection of personal data processed by Speakeasy Labs, Inc.
Speakeasy Labs, Inc. requires users to be over 14 years old for registration and usage. Therefore, we do not collect and use the personal data of children under 14.
5. Procedure and Method of Personal data Destruction
The procedure and method of destroying personal data in Speakeasy Labs, Inc. are as follows.
Destruction Procedure
When the purpose of processing personal data is achieved, we immediately destroy the personal data that has become unnecessary. When personal data should be preserved according to the provisions of relevant laws and regulations, we will separately store and manage the personal data or personal data file. At the time of destruction, we: select relevant personal data for which the cause of destruction has occurred, receive the approval of the personal data officer for it, and then destroy it.
Destruction Method
Personal data printed on paper is shredded using a shredder, and personal data stored in the form of electronic files is deleted using a technical method that makes records irreversible.
6. Matters on the Guarantee of Personal data Safety
Speakeasy is implementing various safety measures to ensure that personal data is not stolen, leaked, altered, or damaged in the course of processing the personal data of users.
User personal data is encrypted and stored and managed. It is transmitted over encrypted communication (SSL), and passwords are stored and managed by one-way encryption, which is impossible to decrypt.
A system is installed in an area where access is controlled from the outside to prevent the theft or damage of personal data from hacking or computer viruses.
Data is regularly backed up to prevent damage to user personal data or data. The latest antivirus programs are used to prevent user personal data or data from being leaked or damaged, and technology such as encrypted communication (SSL) is used for secure network transmission of personal data.
Unauthorized access from the outside is controlled using an intrusion blocking system. We are making all possible technical efforts to ensure system security.
The number of employees processing personal data is minimized to reduce the risk of personal data leakage.
Systematic standards are established for database systems that store personal data and systems that process personal data, and continuous audit is conducted.
Regular education and campaigns on obligations and security regarding personal data protection are conducted for employees who process personal data.
An internal management plan is being implemented for the safe processing of personal data.
7. Name and Contact Information of the Personal data Protection Officer and Corresponding Department
Personal Data Protection Officer
Name: Connor Nicolai Zwick
Position: Chief Executive Officer
Email: [email protected]
Personal Data Protection Department
Department: Development Team
In-charge: Andrew Hsu
Position: Chief Technology Officer
Email: [email protected]
Users can inquire Speakeasy on all personal data protection-related queries, complaint handling, damage relief, etc., and Speakeasy will respond and process your inquiries without delay.
In case of need for reporting or consultation about personal data, please contact the following institution:
Personal data Infringement Report Center (http://privacy.kisa.or.kr / 118 Toll-free)
Cyber Investigation Department (http://www.spo.go.kr / 1301 Toll-free)
Cyber Safety Division (http://cyberbureau.police.go.kr / 182 Toll-free)
Appointment of Domestic Representative
Domestic Representative
Name: Speakeasy Labs Korea Co., Ltd. (Representative Lee Seung-Yeop)
Address: 9th floor, BMY Yeoksam Tower, 16, Teheran-ro 27-gil, Gangnam-gu, Seoul
Phone Number: 1668-1051
Email: [email protected]
The domestic corporate body is a marketing service company for the US corporate body, Speakeasy Labs, Inc. Necessity permitting, the appointed representative performs the duties of the information management officer, handles notification of loss, theft, leakage of personal data, and submits data to the Personal Data Protection Commission.
Enforced on: 12/7/23
1. Collection and Use of Personal data
We collect various categories and types of personal data from a variety of sources and for a variety of purposes. To learn more about the types of personal data we collect, the sources from which we collect or receive personal data, and the purposes for which we use personal data, please review the How We Collect and Use Personal Data and Our Disclosure of Personal Data sections of our Privacy Notice to learn more.
2. Data Retention
To learn more about our data retention practices, please review the Data Retention section of our Privacy Notice to learn more.
3. Transfer of Personal Data Abroad and Outsourcing of Personal Data Processed
For information on how we may transfer your personal data and outsource our personal data processing activities, please see Annex 1 of our Privacy Notice.
4. Procedure and Method of Personal data Destruction
The procedure and method of destroying personal data in Speakeasy Labs, Inc. are as follows.
Destruction Procedure
When the purpose of processing personal data is achieved, we immediately destroy the personal data that has become unnecessary. When personal data should be preserved according to the provisions of relevant laws and regulations, we will separately store and manage the personal data or personal data file. At the time of destruction, we: select relevant personal data for which the cause of destruction has occurred, receive the approval of the personal data officer for it, and then destroy it.
Destruction Method
Personal data printed on paper is shredded using a shredder, and personal data stored in the form of electronic files is deleted using a technical method that makes records irreversible.
5. Rights of Users and Legal Representatives and How to Exercise Them
Users can inquire or modify their own registered personal data at any time. Also, they can request deletion, processing stoppage, and withdrawal of consent to collection and use of such information.
Disclosure of Personal Data
If a user requests the disclosure of personal data, Speak will disclose it to the user without delay. However, in cases where disclosure might result in any of the following, we may not disclose all or part of the information, and if we decide not to disclose it, we will notify you without delay.
When there is a risk of harming the life, body, property or other rights and interests of the person or a third party
When it may significantly hinder the proper execution of Speak's business
In other cases where it is contrary to the law
Correction and Deletion of Personal Data
If a user requests a correction for an error in personal data, Speak will not use or provide the personal data to a third party until the correction is completed.
Also, if incorrect personal data has already been provided to a third party, we will notify the third party without delay to make the corrections.
Speak treats personal data that has been cancelled or deleted at the request of the user as specified in the "Retention and Use Period of Personal data" and processes it so that it cannot be viewed or used for any other purposes.
Please note, only those who are 14 years old or older can register or use Speak.
6. MEASURES TO ENSURE THE SAFETY OF PERSONAL DATA
Speak implements the following measures to ensure the safety of users' personal data in order to prevent it from being lost, stolen, leaked, altered, or damaged while processing users' personal data.
Users' personal data is stored and managed after being encrypted, is transmitted via encrypted communication (SSL), and passwords are stored and managed after one-way encryption to make decoding impossible.
We have installed the system in an area where access from the outside is controlled to prevent leakage or damage of users' personal data or data by hacking or computer viruses.
In preparation for damage to personal data, data is backed up regularly, and efforts are made to prevent users' personal data and data from being leaked or damaged by using the latest antivirus software. We also ensure that personal data can be securely transmitted over the network through encrypted communication (SSL).
We are using an intrusion prevention system to control unauthorized access from the outside, and we are making efforts to equip all possible technical devices to secure the system in order to ensure system security.
By minimizing the number of employees who handle personal data, we are reducing the risk of personal data leakage.
Systems have been established for generating and changing passwords that can access databases and systems that process personal data, and the right of access, and continuous audits are carried out.
Regular education on personal data protection obligations and security is conducted for employees who handle personal data.
An internal management plan has been established and implemented to ensure the safe processing of personal data.
7. Changes to the Personal data Processing Policy
In case of addition, deletion, or modification of the contents of this privacy policy, Speak will send a notification via email at least 7 days before the change.
Enforced on 12/7/23
8. Personal Data Protection Officer and Department Contact Information
Personal Data Protection Officer
Name: Connor Nicolai Zwick
Position: CEO
Email: [email protected]
Department in Charge of Personal Data Protection
Department Name: Development Team
Person in Charge: Andrew David Hsu
Position: CTO
Email: [email protected]
Users can contact the Personal Data Protection Officer and the designated department for any inquiries, complaints handling, and damage relief related to protection of personal data arising while using Speak's services. Speak ensures prompt responses and processing for user inquiries.
If you need further consultation or reports related to personal data leakage, please contact the following organizations.
Personal data Protection Commission (http://www.ppc.go.jp / 03-6457-9680)
Cyber Security Bureau of the National Police Agency (http://www.npa.go.jp/cybersecurity / 03-3581-0141)
Fair Trade Commission Consumer Consultation Room (http://www.caa.go.jp / 0570-064-370)
9. Contact Information
1. Collection and Use of Personal data
We collect various categories and types of personal data from a variety of sources and for a variety of purposes. To learn more about the types of personal data we collect, the sources from which we collect or receive personal data, and the purposes for which we use personal data, please review the How We Collect and Use Personal Data and Our Disclosure of Personal Data sections of our Privacy Notice to learn more.
2. Data Retention
To learn more about our data retention practices, please review the Data Retention section of our Privacy Notice to learn more.
3. Transfer of Personal Data Abroad and Outsourcing of Personal Data Processed
For information on how we may transfer your personal data and outsource our personal data processing activities, please see Annex 1 of our Privacy Notice.
4. Procedure and Method of Personal data Destruction
The procedure and method of destroying personal data in Speakeasy Labs, Inc. are as follows.
Destruction Procedure
When the purpose of processing personal data is achieved, we immediately destroy the personal data that has become unnecessary. When personal data should be preserved according to the provisions of relevant laws and regulations, we will separately store and manage the personal data or personal data file. At the time of destruction, we: select relevant personal data for which the cause of destruction has occurred, receive the approval of the personal data officer for it, and then destroy it.
Destruction Method
Personal data printed on paper is shredded using a shredder, and personal data stored in the form of electronic files is deleted using a technical method that makes records irreversible.
5. Identity and address of the responsible party
Speakeasy Labs, Inc. with address at 99 Osgood Place, #400 & PH, San Francisco, CA, 94133.
6. Users and legal representatives' rights and how to exercise them:
Options or means offered by the responsible party to limit the use or disclosure of personal data
To limit the use or disclosure of your personal data, the owner must send an email to the following email address: [email protected], requesting the limitation of the use or disclosure in question, where you can ask to be included in the internal exclusion lists not to be contacted for promotional and market logic purposes.
Means to exercise your rights of access, rectification, cancellation, or opposition (“ARCO Rights”)
In accordance with the Law, the owner of personal data has the right to Access ("Access") the data that the Responsible party has and to the details of its processing, as well as to Rectify them if they are inaccurate or incomplete ("Rectification"); Cancel them within the terms of the Law (“Cancellation”) or Oppose the processing for specific purposes ("Opposition").
The owner of personal data or his legal representative may exercise the rights described above through an email to the following email address: [email protected], indicating that he is requesting to exercise his ARCO rights. This request may be through free writing considering the elements of Article 29 of the Law, or the Privacy Office will send you back the form to exercise ARCO rights as a response.
For the request to exercise your ARCO rights, you should consider the following requirements:
Official identification of the owner.
Indicate the email to communicate the response to your request.
Clear and precise description of the personal data concerning which it is sought to exercise any of the aforementioned rights.
If the right is exercised by a representative, the official identification and the document proving their representation must be provided.
If the information provided in the request is insufficient or wrong to attend to it, or the necessary and indispensable documents for its attention are not accompanied, the Responsible party may request the necessary information and/or documentation according to Article 96 of the regulation. The owner will have 10 business days, to attend to this requirement. The responsible will answer your request within 20 (twenty) business days from the date of receipt of your request, this period may be extended only once for an equal period according to Article 32 of the Law. If the request is appropriate, it will be made effective within 15 business days.
In case of exercising the right of access, the medium through which you can obtain the information or personal data requested will be in simple copies or electronic documents (which will be sent to the email indicated in your request). The Responsible party may deny access to personal data, or the rectification or cancellation, or concede the opposition to the processing, in the cases established in Article 34 of the Law.
The Responsible party will not be obliged to cancel the personal data of the owner, under the cases established in Article 26 of the Law.
For clarification regarding the procedure and requirements for exercising ARCO rights, the empowered figure to provide attention is the Information Privacy Office. The contact details are as follows: [email protected]
7. Matters related to security measures for personal data
Speak implements the following security measures to ensure that personal data is not lost, stolen, leaked, altered, or damaged while it is processing user's personal data.
Users' personal data is encrypted, stored, and managed, it is transmitted through encrypted communications (SSL), and passwords are stored and managed one-way encrypted to make them indistinguishable
A system is installed in an area where access from the outside is controlled to prevent personal data or user data from being leaked or damaged due to computer hacking or computer viruses.
Data is regularly backed up to be prepared in case of damage to personal data, the latest antivirus programs are used to prevent the leakage or damage of personal data or user data, and encrypted communication (SSL) is used to safely transmit personal data over the network.
Unauthorized access from outside is controlled using an intrusion prevention system, and all possible technical devices are being prepared to ensure system security.
The number of employees who handle personal data is minimized to reduce the risk of personal data leaks.
Systematic standards are established for password creation, changes, and access authority for the database system that stores personal data and the system that processes personal data, and continuous audits are conducted.
Regular training and campaigns are conducted on the obligations of personal data protection and security for employees who handle personal data.
An internal management plan for the safe processing of personal data is established and implemented.
8. Designation and contact information of the personal data protection office and responsible department Personal data protection officer
Name: Connor Nicolai Zwick
Role: CEO
Email: [email protected]
Personal Data Protection Department
Department Name: Development Team
Person in Charge: Andrew David Hsu
Role: CTO
Email: [email protected]
Users may consult all matters related to personal data protection, complaint handling, and damage compensation derived from using Speak's services to the Personal data Protection Officer and the responsible department. Speak will respond and process users' queries promptly.
If you need to report or consult about personal data breaches, contact the National Transparency Institute, information access, and personal data protection (INAI):
Website: www.inai.org.mx
Phone: 5550042400
9. Designation of national representative National representative
Name: Speakeasy Labs Korea Co., Ltd. (Representative Lee Seung Yeop)
Address: 9th floor, BMY Yeoksam Tower, 16 Teheran-ro 27-gil, Gangnam-gu, Seoul Phone Number: 1668-1051
Email: [email protected]
The national corporation is a marketing service company for the American corporation Speakeasy Labs Inc. If necessary, the national representative performs functions such as notifying and reporting personal data protection officer duties, personal data loss, theft, personal data leakage and submitting materials to the Personal data Protection Commission.
10. Notification of changes/updates to the privacy notice
This Privacy Notice may be modified and/or updated at any time by the Responsible party, to address legislative or jurisprudential reforms, internal policies, or new requirements, being the updated version which is published on the website and applicable at all times.
1. Collection and Use of Personal data
We collect various categories and types of personal data from a variety of sources and for a variety of purposes. To learn more about the types of personal data we collect, the sources from which we collect or receive personal data, and the purposes for which we use personal data, please review the How We Collect and Use Personal Data and Our Disclosure of Personal Data sections of our Privacy Notice to learn more.
2. Data Retention
To learn more about our data retention practices, please review the Data Retention section of our Privacy Notice to learn more.
3. Transfer of Personal Data Abroad and Outsourcing of Personal Data Processed
For information on how we may transfer your personal data and outsource our personal data processing activities, please see Annex 1 of our Privacy Notice.
4. Procedure and Method of Personal data Destruction
The procedure and method of destroying personal data in Speakeasy Labs, Inc. are as follows.
Destruction Procedure
When the purpose of processing personal data is achieved, we immediately destroy the personal data that has become unnecessary. When personal data should be preserved according to the provisions of relevant laws and regulations, we will separately store and manage the personal data or personal data file. At the time of destruction, we: select relevant personal data for which the cause of destruction has occurred, receive the approval of the personal data officer for it, and then destroy it.
Destruction Method
Personal data printed on paper is shredded using a shredder, and personal data stored in the form of electronic files is deleted using a technical method that makes records irreversible.
5. Rights of the user and legal representative and how to exercise these rights
Options or methods provided by the controller to limit the use or disclosure of personal data.
To limit the use or disclosure of their personal data, the holder should send an email to the following email address: [email protected], requesting limitation of the use or disclosure involved, and requesting to be included in the internal do-not-contact list for non-promotion and marketing logic purposes.
The method of exercising access, correction, deletion, or opposition rights (“ARCO rights”).
In accordance with the law, the holder of personal data has the right to access the data and details of its procession held by the controller, and to correct it ("Correct") if it is incorrect or incomplete; To cancel ("Cancel") or oppose its use for specific purposes ("Oppose") under the terms provided by law.
The holder of personal data or his legal representative can exercise the above rights by sending an email to the following address: [email protected], indicating in it the request to exercise his ARCO rights. This request may be made in free writing, considering the elements of Article 29 of the law, or the Privacy Office will send you a format for exercising ARCO rights as a response.
The following requirements must be considered for the request to exercise ARCO rights:
Legal identification of the holder.
The inclusion of a specified email address to notify its response to your request.
A clear and precise description of the personal data for which any of the aforementioned rights are requested to be exercised.
If the right is exercised by a representative, the official identification and document proving their representative status should be provided.
If the information requested in the request is insufficient or wrong for processing, or if the necessary documents are not attached, the controller may request that it provide the necessary information and/or documents for processing in accordance with Article 96. The holder has 10 working days to respond to this request. The controller will respond to it within 20 (twenty) working days after receiving the request. The aforementioned term can be extended one same term once according to Article 32 of the law. If the request is approved, it will take effect within 15 working days.
If exercising the right of access, the necessary information or personal data can be obtained in the form of simple photocopies or electronic files (which will be sent to the email you specified in your request). The controller may refuse to access personal data, or perform a correction or cancellation, or grant the right to oppose the processing of personal data in the situations listed in Article 34 of the law.
According to the provisions of Article 26 of the Law, the controller does not need to cancel the personal data of the holder.
To clarify doubts about the procedure and requirements for exercising ARCO rights, the person responsible for providing attention is the Information Privacy Office, whose contact information is as follows: [email protected]
6. MATTERS related to the security measures of personal data
Speak implements the following security measures to ensure that users' personal data is not lost, stolen, leaked, altered or damaged when processed.
Users' personal data is encrypted, stored, and managed, and transmitted through encrypted communication (SSL), and passwords are stored and managed in a one-way encryption method that cannot be decrypted.
A system is installed in one area, and external access is controlled to prevent the disclosure or damage of users' personal data or data due to computer viruses or network attacks.
Data are backed up regularly to prepare for the damage to users' personal data, the latest antivirus programs are used to prevent the disclosure or damage of users' personal data or data, and encrypted communication (SSL) is used to securely transmit personal data over the network.
Intrusion prevention systems are used to control unauthorized external access, and all possible technical equipment is prepared to ensure the security of the system.
The number of employees processing personal data is reduced to reduce the risk of personal data leakage.
An internal management plan is established and implemented to process personal data securely.
7. personal data Department in charge of personal data protection
Designation and contact information of the person and department in charge of personal data protection Person in charge of personal data protection
Name: Connor Nicolai Zwick
Position: CEO
Email: [email protected]
Department in charge of personal data protection
Department name: Development Team
Person in charge: Andrew David Hsu
Position: Technical Director
Email: [email protected]
Users can consult the person in charge of personal data protection and the department in charge about matters related to personal data protection, complaint handling, and damages resulting from the use of the Speak service. Speak will respond quickly and handle users' consultations.
8. Designation of National Representative National Representative
Name: Speakeasy Labs Korea Co., Ltd. (Representative Lee Seung Yeop)
Address: 27 Teheran-ro 16th Street BMY Yeoksam Building 9th Floor, Gangnam District, Seoul
Phone Number: 1668-1051
Email: [email protected]
The national company is a company providing market promotion services for U.S. Speakeasy Labs Inc. If necessary, the national representative will assume the obligations of notifying and reporting the personal data protection responsible, personal data loss, theft, leakage, and submitting data to the personal data protection committee, etc.
9. Notice of changes/updates to the privacy statement
The controller can modify and/or update this privacy statement at any time to address legislative or judicial reforms, internal policies, or new needs; updated versions will be posted on the website Privacy Notice, and this version will always apply.
The following disclosures apply to residents of China, Korea, Japan, and Mexico.
1. Outsourcing of Personal Information Processing
Speakeasy Labs, Inc. outsources personal information processing tasks as follows in order to smooth out personal information-related tasks. We will disclose this information through the privacy policy, without hesitation, if the content of the delegated tasks or the trustee changes.
2. Personal Information Processing Outsourcing and Overseas Transfer
Speakeasy Labs Inc. (hereinafter referred to as “Speakeasy”) does not provide the user’s personal information to overseas businesses. However, Speakeasy outsources data storage and service operation tasks to overseas companies as follows.