By purchasing, accessing and/or using the Speakshift.com website, Speakshift.ai website, Speakshift services, Speakshift softwares or any Speakshift applications, including mobile applications (together, the “Services”), you are agreeing to be legally bound by these Terms of Use. Speakshift.ai and Speakshift.com are owned and operated by SPEAKSHIFT L.L.C-FZ a Limited Liability Company (“Speakshift”, “Company”, “we”, or “us”). The term “you” refers to the user of our Services.

These Terms of Use share how you may use our Services, and their content, and address security, intellectual property rights, and other terms. We reserve the right to change these Terms of Use from time to time, and by using any of our Services you are agreeing to the Terms of Use as they appear, whether or not you have read them. 

These Terms of Use affect and limit your legal rights and obligations. If at any time you do not agree with these Terms of Use, please stop now and do not access or use our Services.

NOTICE OF ARBITRATION: By purchasing, accessing or using our Services, you are agreeing that any dispute that you have with Speakshift will be resolved using binding, individual arbitration and, unless you opt-out, you waive your right to participate in any class-wide arbitration or class action lawsuit.

Your Use and Conduct

Permissible Use and Conduct.  By purchasing, accessing or using any of our Services, you agree that you are subject to these Terms of Use and required to act in accordance with them, our Privacy Policy, and any other terms and conditions that may apply to our marketing of our Services or to the offering of special features that may be available through our website, our application platform interface (API), or from us. 

You must be at least 13 years old to use our Services. Any registration by, use of or access to our Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Services, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of our Terms of Use.

You understand that you are solely responsible for all electronic communications and content sent from your computer or portable device to our Services or to us. You are also solely responsible for any content that you post or transmit and, if you create an account, you are solely responsible for all content posted or transmitted through or by use of your account, including but not limited to all data, text, files, information, usernames, passwords, graphics, photos, rankings, comments, applications and links to other content, websites or materials that you submit, post or display (collectively “Content”) through our Services. In no way are we responsible for the Content that is posted or shared by you or other users through our Services.

You agree to use the Services for lawful and approved purposes only. You agree that your violation of these Terms of Use, in letter or in spirit, may result in the immediate termination of your account. You also agree that any of your actions or omissions that otherwise may cause risk or possible legal exposure for us may result in termination of your account and the immediate termination of the use of our Services, based on our sole discretion.  

You agree that you are responsible for all data charges or costs that you may incur by using our Services.

Prohibited Use and Conduct. You agree and understand that you are prohibited from doing the following, as determined in our sole discretion, and YOU MAY NOT:

• Act in any way with fraudulent purposes or in connection with a criminal offence or otherwise using any aspect of our Services to carry out any unlawful or illegal activity, agreeing to comply with all laws, rules and regulations that apply to the use of our Services and your Content, including all federal, state, local and provincial laws.

• Access or use our Services if you are under the age of 13.
   

• Send, post, use or add in any way Content or material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, defamatory, objectionable, invasive of privacy, infringing, in breach of confidence, or is otherwise injurious to any person or company, including any violent, nude, partially nude, pornographic, sexually suggestive, discriminatory, hateful photos or any photos or material being used in any way and to any degree for racial vilification, sexism, ageism, religious intolerance, or in any other way to harm, offend, or disrespect any other person or cause them emotional and/or psychological harm.

• Harass, threaten, abuse, bully, stalk, intimidate or defame any person. 

• Cause annoyance, inconvenience or needless anxiety in any way whatsoever, including but not limited to creating or submitting unwanted or unwelcome email, comments, likes or other forms of harassing communication or spam to any of our users.

• Create an account for anyone other than yourself.

• Provide information upon registration or at any other time that is not at all times true, accurate, current and complete.

• Sell, transfer, license, or assign your account, username, account rights or followers to any other person, unless you are expressly authorized by us to do so.

• Post private or confidential information, including but not limited to, your or any other person’s credit card information, social security or alternate national identity number, non-public phone numbers or non-public e-mail addresses.

• Solicit, use, or collect the login information for other users.

• Share or reveal your password to any other person or entity.
   

• Impersonate any third party.

• Post content on behalf of another person or improperly permit, enable, induce or encourage any other person to post content for you.

• Mislead as to the origin of your content as anything other than your own.

• Create accounts with us or access any Content of user including photos, account information, or user profiles through any unauthorized means, including but not limited to using an automated device, spider, crawler, scraper, script or bot, except as resulting from standard search engine protocols or technologies used by a search engine in a lawful way and with our consent.

• Restrict, or attempt to restrict, any other user from using or enjoying our Services.

• Send, use, post or add any material or content which in any way consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, including worms, viruses, spyware, malware or any other code of a disruptive or destructive nature, and you may not add or inject code or conduct or otherwise alter or interfere in any way with the way that our Services is displayed or appears in any user’s portable device or browser.

• Change, modify, alter, or adapt our Services in any way or change, modify, alter or adapt another website so as to falsely imply that it is affiliated with or endorsed by the Services or us.

• Circumvent any technological measure implemented by us to restrict the manner in which content may be posted through our Services or to regulate the manner in which content (including but not limited to email) may be transmitted to others.

• Use or cause the Services or access to it to be interrupted, damaged or impaired in any way.

• Access our private application platform interface (API) by any means other than permitted by us and pursuant to our API Terms of Use.

• Reproduce, duplicate, copy or resell any part of our Services or the content in a way that infringes any of our Speakshift Content, Materials or Intellectual Property rights or that is in contravention with these Terms of Use or any other agreement with us in any way.

• Violate other individual’s, entity’s, or user’s copyright rights and we ask that you report to us any claims of copyright or intellectual property infringement to us.

• Use our domain name or URLs as your username, or a part of your username, without prior written consent from us.

• Comply with our Community Guidelines at all times.

• Encourage or facilitate violations by others of these Terms of Use, Privacy Policy, or any other terms provided by us.

• Engage in behaviour yourself or create, post or share Content that violates these Terms of Use as you may bear legal responsibility for that behaviour and/or Content.

Our Rights

We reserve the right to modify or terminate the Services or your access to the Services or to force forfeiture of any username at any time, without notice and for any reason, with no liability on our part.  We reserve the right to refuse access to the Services to any person, at any time, without notice and for any reason.

We have the right, but not the obligation, to monitor, edit, remove, and/or block your account or any Content that we perceive, in our sole discretion, to be violating these Terms of Use.

We have the right, but not the obligation to, monitor or become involved in any disputes between you and other users if we believe, in our sole discretion, that it is in our best interest.

We are not responsible for and do not endorse any Content posted through our Services. You understand that we have the right, but not the obligation, to prescreen, monitor, edit or remove any Content from the Service for any reason without prior notice. 

We reserve the right to revise or update these Terms of Use in our sole discretion at any time (“Updated Terms of Use”). We may notify you of the Updated Terms of Use by posting them on the Services and that your use of the Services after the effective date of the Updated Terms of Use constitutes your agreement to the Updated Terms of Use. The Updated Terms of Use will become effective at the time of posting, unless a different date is specified in the Updated Terms of Use and they will apply to your use of the Services, immediately and going forward. We will provide reasonable advance notice before the Updated Terms of Use become effective, unless we make a change for administrative or legal purposes. We instruct you to review any Terms of Use or Updated Terms of Use before using the Services. Should any dispute arise before the effective date of the Updated Terms of Use, the Terms of Use that were in place prior to being updated will apply.

We try to ensure that our Services are uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, upgrades, failure of telecommunications links and/or equipment, and the introduction of new components, although, of course, we will try to limit the frequency and duration of any suspension or restriction.  

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials in connection with our Services for any particular purpose. 

Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Our Services may also include links to third parties, other websites or social media sites. These links are provided for your convenience to provide further information and to allow you to visit other social media or third party information and/or websites of interest easily. In no way are we formally endorsing these social media or third party websites in any way. We are not responsible for the views, opinions, or accuracy of facts provided by external resources or links referenced in our Services by third parties or social media owners or users. There may be services, features, communications or links through the Services or through your or others’ accounts or Content to external third party or social media websites, photos, images, content, individuals, companies, accounts or features (collectively “Third Party Content”). You should exercise caution and look at the privacy statement of the third party website or social media sites you are visiting or using. Once you have used these links to leave our Services, you should note that we do not have any control over that Third Party Content. We bear no responsibility Third Party Content and we accept no liability for any of the views, facts, opinions, or references used therein whatsoever. Information posted on our Services or linked to a third party website, may express a perspective which may or may not necessarily reflect our views and we are not liable in any way for their correctness, accuracy, timeliness, reliability or otherwise, or lack thereof. Because we do not control, maintain, or endorse any Third Party Content, therefore you agree that we are not responsible or liable in any way for any Third Party Content or the dissemination of any information by you or others to third parties or for access, use or display through their Third Party Content. 

There may be functionality accessible through the Services where you may view or interact with third parties and Third Party Content, including accessing or connecting your profile to a third party or Third Party Content or service in a way that it may be viewed or shared publicly through their services, website, or applications, for ease, convenience or enjoyment by you and/or others (“Applications”). Such Applications may interact with, connect to, or pull or gather information from or to your Services account, Content, and/or profile. You have the right and discretion to choose to use such Applications at your own risk and by so doing you acknowledge and agree that (1) To use such Applications and functionalities, typically you are required to provide to log into your third party account and consent to the sharing of information with the third party, and should you choose to do so, you expressly understand and agree that you are consenting to such information being shared and that YOU DO AT YOUR OWN RISK AND WITH NO LIABILITY TO US; (2) Your use of the Applications may result in personally identifying information being posted, shared or disclosed publicly and you have full knowledge and consent to such risk with no liability to us; and (3) Your agree to hold us harmless related to any action or omission on your part related to the use of such Applications. WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY CONTENT, SERVICES OR FEATURES AND YOUR CORRESPONDENCE, LINKS, DEALINGS OR SHARED INFORMATION WITH THIRD PARTIES FOUND ACCESSED THROUGH OUR SERVICES, AND ANY DISPUTE, ISSUE OR CLAIM RELATED TO LIABILITY IS SOLELY BETWEEN YOU AND THE THIRD PARTY.  

Our Services may be supported by advertising revenue and may display advertisements and promotions and you agree that we may place or display such advertising and promotions on or through our Services, or on, about, in, near, or in conjunction with your Content. Advertising and promotions may change at any time in the manner, mode and extent in which is it delivered or displayed and it is subject to change without advance or specific notice to you. We are not responsible or liable for the content, services, functionality, interruptions or distraction of such advertising or promotions. You acknowledge that we may not always acknowledge or identify advertising or promotions, including but not limited to paid services, sponsored content or other communications. 

We assume no responsibility for errors or omissions in the Services you are using, or in the photos, comments, likes, or external website links referenced by or linked to the Services.  You agree that you are using our Services at your own risk.

Security

We take every precaution to protect our users’ information. When you or other users submit Content or information via the Services, we use our best efforts to protect all information both online and offline. 

However, due to the nature of the Internet, Applications, mobile applications, and mobile devices, we cannot completely ensure or warrant the security of any Content or information transmitted to us or through our Services. Submitting Content or posting, sharing, or accessing information is solely done at your own risk. You understand and agree that the posting, sharing or submission of Content or any other information by you or any other user may not be fully secure.

Content that may be removed by us from the Services may continue to be stored by us, including without limitation, in order to comply with certain legal obligations, but it may not be kept private or secure or, to the contrary, it may not be retrievable without a court order. Therefore, we encourage you to maintain a copy of your own Content and back it up frequently. We do not provide a Content back up service and you agree that you will not rely on us for the purposes of back up, storage, security, or retrievability of your Content.

Except as otherwise described in our Privacy Policy, any Content will be non-confidential and non-proprietary and we will not be liable for the disclosure of such Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary or other type of special relationship and that your decision to submit Content does not place us in any special position that is different than members of the general public, including as it relates to the security, confidentiality or non-disclosure of your Content. None of your Content is considered confidential and it is not subject to any confidentiality or security obligations by us, and therefore we are not subject to liability for any use or disclosure of any Content that you provide.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is posted or shared by users, but we make no assurances whatsoever about our ability to prevent any such loss, misuse, to you or to any other person or entity arising out of any such loss, misuse, or alteration and we are not liable for any such inability to prevent any such loss, misuse or alteration.  

Intellectual Property Rights

We respect others’ copyright, trademark and intellectual property rights and we expect that you do the same.

We do not claim ownership of any Content that you post or share through the Services. Rather, through the access or use of the Services, you hereby grant to us a perpetual, irrevocable, unrestricted, royalty-free, non-exclusive, fully paid, transferable, sub-licensable, worldwide license to use the Content that you post or share through the Service in any manner or medium, now known or hereafter developed, for any purpose, subject to our Privacy Policy protections.  This includes waiving any proprietary rights in such posting of your Content, including, but not limited to, your rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You are fully aware that you have the right to choose who may view your Content and activity through the Services, including your photos, as set forth in the Privacy Policy.

By posting or submitting any Content through the Services you are representing that: (i) you have the legal capacity and right to enter into these Terms of Use in your jurisdiction; (ii) you are the owner of the Content, or are making your posting or submission with the express consent of the owner of the Content in compliance with these Terms of Use; (iii), by the posting and sharing of your Content on or through the Services you are not violating, infringing on, or misappropriating the rights of any other person or entity, including but not limited to, privacy rights, publicity rights, copyright, trademark and/or other intellectual property rights; and (iv) you agree to pay for any and all fees, royalties, or other monies owed by virtue of the Content you post on or through our Services. 

By participating in our Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness through the posting, sharing and ranking of your Content or use of your account. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with the Services in our current or future Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any 

Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your Content, postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of Content of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever. 

The Services also contain content that is owned or licensed by us (“Speakshift Content”) and that is protected by copyright, trademark, patent, trade secret and other intellectual property laws. The Speakshift Content provided through our Services is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the name, design, layout, look, appearance, graphics, logos, taglines, page headers, button icons, scripts, URL, and other original content belonging to us (“Materials”), and we retain all rights in the Speakshift Content, Material, and the Services.

Any copyrights, trademarks, service marks, logos, taglines or other notices of proprietary rights incorporated or displayed in the Speakshift Content are intellectual property belonging to us (collectively “Intellectual Property”). Any use including framing, meta tags or other text utilizing this Intellectual Property is strictly prohibited without our express written consent or permission.  You may not remove, alter, conceal or otherwise interfere with any Speakshift Content, Materials, or Intellectual Property and you agree that you will not modify, adapt, display, publish, distribute, transmit, broadcast, sell, license, create derivative works, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, distribute in any manner or medium (including by email or other electronic means), or otherwise exploit the Speakshift Content, Materials, or Intellectual Property in any way that has not been provided in these Terms of Use or that has been expressly permitted by us.

You agree that Speakshift Content, Materials and Intellectual Property may not be copied, imitated, reproduced, used (in whole or in part), without our prior written consent except in accordance with our Brand Guidelines. 

You agree that you may not use the Speakshift Content, Materials, Intellectual Property or Services in a manner that constitutes an infringement of our intellectual property rights or any rights, or in a manner that has not been authorized by us. Unauthorized use of our Speakshift Content, Materials, or Intellectual Property may give rise to a claim for damages or other legal remedies, and/or be a criminal offence. 

You understand and acknowledge that the Speakshift Content, Materials and Intellectual Property accessible through our Services has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.  You expressly agree that you will not steal our Speakshift Content, Materials, or Intellectual Property or share it with any other person in any way contrary to these Terms of Use or, when required, without our express written permission, otherwise it is considered stealing and theft and we reserve the right to prosecute theft to the fullest extent of the law.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Services titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those specifically requested by us and to which certain terms, requirements and conditions may apply.  We do not accept unsolicited ideas or materials and we take no responsibility for any such ideas or materials submitted to us. This policy is to avoid any misunderstandings or confusion should your ideas be similar to those we may have developed, are developing, or plan to develop, independent of you or your suggestions or ideas. Therefore, if you choose to send us content, information. Ideas, suggestions or other materials, you agree that we are free to use any such content, information, ideas, suggestions or materials, for any purposes whatsoever, including but not limited to developing and marketing services and products without any payment, royalties, recognition or liability of any kind to you.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Disclaimer

We are not responsible or liable for the conduct of any user of our Services. Users are solely responsible for their own actions or inactions and for the posting, sharing, ranking, communications and interactions with other users of our Services or third parties.

You agree that you are using your own judgment in using the information provided on and through our Services, which is done at your own risk. Your use of any information or materials through our Services accessible on or through our Services or otherwise is entirely at your own risk, and at your clients’ own risk, for which you assume the risk and for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Services. You assume full and total responsibility for your choices, actions, use or nonuse of any of the information in our Services, and you acknowledge that you are using, or not using our Services at your own risk.  You are hereby advised to use your best judgment and exercise common sense when using the Services and interacting or communicating with others, particularly when you are posting or sharing Content containing any personal or other information.

You agree that we will not be liable to you for any modification, suspension or discontinuation of the Services or the loss of any Content for any reason, including but not limited to, breaches of security or the removal of Content from the Services by us.

We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Services and we do not guarantee any results from using our Services.

THE SERVICES, INCLUDED BUT NOT LIMITED TO THE SPEAKSHIFT CONTENT, MATERIALS OR INTELLECTUAL PROPERTY, IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT WARRANTIES OR ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED WHATSOEVER, AS TO (1) THE SERVICES; (2) THE SPEAKSHIFT CONTENT, (3) ANY USER CONTENT; OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREE FROM COMPUTER VIRUS.

WE MAKE NO WARRANTY OF ANY KIND AS TO THE RESULTS, ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR SERVICES FOR ANY PURPOSE, THAT THE SERVICES OR ANY OF THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SERVICES OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE INFORMATION, INCLUDING BUT NOT LIMITED TO THE INSTRUCTIONS, ON OR RELATED TO THE SERVICES IS ACCURATE, USEFUL, OR COMPLETE. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND YOU AGREE THAT YOU USE THE SERVICES ASSUMING ALL RISKS, PURSUANT TO APPLICABLE LAW. YOU ALSO AGREE THAT YOU REPRESENT AND WARRANT THAT YOUR ACCESS OR USE OF OUR SERVICES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE OUR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM AND EXCLUDE ANY RESPONSIBILITY OR LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS, INJURY, CLAIM, CAUSE OF ANY KIND OR CHARACTER, OR DAMAGE INCURRED BY YOU OR OTHERS IN CONNECTION WITH OUR SERVICES, INCLUDING BY YOUR USE OR INABILITY TO USE ANY CONTENT OR INFORMATION OBTAINED ON OR THROUGH OUR SERVICES, ANY WEBSITES LINKED THERETO, AND/OR ANY CONTENT OR MATERIAL POSTED OR SHARED THROUGH THE SERVICE BY US OR BY OTHERS, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR ANY ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Limitation of Liability, Waiver and Indemnification

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ANYONE RELATED TO OUR  COMPANY OR ANY SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES, INCLUDED BUT NOT LIMITED TO OUR SHAREHOLDERS, DIRECTORS, OFFICERS, STAFF, EMPLOYEES, AFFILIATES, SUCCESSORS, TRANSFEREES, ASSIGNEES OR LICENSEES AND THEIR RESPECTIVE PARENT AND SUBSIDIARY COMPANIES, AGENTS, ASSOCIATES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF, OR THE INABILITY TO USE (1) THE SERVICES, (2) THE SPEAKSHIFT CONTENT, (3) USER CONTENT; (4) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (5) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT OR US REGARDING YOUR OR OTHERS’ USE OF THE SERVICES; (6) ANY ACTION TAKEN RELATING TO COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; (7) ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (8) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO, DAMAGE FROM ANY SECURITY BREACH FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR TECHNICAL FAILURE OR MALFUNCTION, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES OR IT IS DEEMED THAT WE SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION RELATED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT, INCLUDING WITHOUT LIMITATION AND WHETHER CAUSED IN WHOLE OR IN PARTY BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OUR SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR TO ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING WITHOUT LIMITATION DEATH OR PERSONAL INJURY, PURSUANT TO APPLICABLE LAW. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT SHOULD YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, LOSSES OR INJURIES, IF ANY, ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY OR PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND  YOU HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE PROPERTY, PRODUCT, SERVICE OR OTHER CONTENT OWNED OR CONTROLLED BY US.

YOU, AND ANY THIRD PARTY FOR WHOM YOU LAWFULLY OPERATE AN ACCOUNT OR ACCESS OUR SERVICES, AGREE AT ALL TIMES TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, TRANSFEREES, ASSIGNEES OR LICENSEES AND THEIR AND OUR RESPECTIVE PARENT AND SUBSIDIARY COMPANIES, AGENTS, ASSOCIATES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES OF EACH FROM AND AGAINST ALL ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE AND ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, ARISING OUT OF OR RELATED TO OUR SERVICES OR YOUR CONTENT OR THE CONTENT OR ACTIONS OF OTHERS AS EXPERIENCED BY YOU, OTHER USERS, OR ANYONE AFFILIATED IN ANY WAY WITH YOU, AND/OR YOUR BREACH OF ANY OBLIGATION, WARRANTY, REPRESENTATION OR COVENANT SET FORTH IN THESE TERMS OF USE AND PRIVACY POLICY, VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT, VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES OR ORDERS OF ANY GOVERNMENT OR QUASI-GOVERNMENT AUTHORITIES, INCLUDING WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AUTHORITIES, OR ANY MISREPRESENTATION MADE BY YOU. YOU AGREE TO FULLY COOPERATE IN THE DEFENCE OF ANY CLAIM AS REQUESTED OR REQUIRED BY US. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT SETTLE ANY CLAIM OR SUIT WITHOUT OUR PRIOR WRITTEN CONSENT.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF YOU OR OF ANY OTHER USER OF OUR SERVICES. 

BY ACCESSING OR USING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING LEGAL RIGHTS REGARDING CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH THIS WAIVER, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF ANY LAW OF ANY COUNTRY, STATE, TERRITORY OR PROVINCE THAT PROVIDES EXACTLY OR SUBSTANTIALLY SIMILAR LANGUAGE AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” (CIVIL CODE OF CALIFORNIA, SECTION 1542).

WE ARE NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, CONTENT, DATA OR INFORMATION OF THIRD PARTIES AND YOU HEREBY RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM  YOU HAVE AGAINST ANY THIRD PARTY.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU FULLY UNDERSTAND AND AGREE THAT BY ENROLLING IN, PURCHASING AND/OR USING OUR SERVICES THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS AND YOU ARE VOLUNTARILY AGREEING TO DO SO.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Services at any time without notice and for any reasons. Upon termination, all licenses and rights granted to you through these Terms of Use shall be immediately ceased. 

In the event of termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Services or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to the Services and all of the terms as set forth in these Terms of Use, including all of our rights, disclaimers and limitations of liabilities, shall survive such termination of your access and apply in full force.

You are permitted to terminate or deactivate your Services and account at any time by logging into your account and contacting us through Feedback. If you choose to terminate or deactivate your account, your photos, comments, rankings, likes, and all other data will no longer be accessible or viewable to you or to others through your account, but your Content may still be accessible and viewable to others if it has been linked, ranked or re-shared by other users.  Should you initiate termination of the Services for any reason and at any time, these Terms of Use, including all of our rights, disclaimers and limitations of liabilities, shall survive such termination of your access and apply in full force.

Dispute Resolution:  Arbitration

Should a dispute ever arise between us, we agree now that we will submit to binding arbitration pursuant to the laws of the country of United Arab Emirates, even if you opt-out for disputes relating to (i) our Intellectual Property, (ii) your intellectual property, (iii), violations of the API Terms of Use, and even if there is a third party involved in the dispute. You agree to use arbitration in accordance with these Terms of Use including but not limited to with regard to your relationship with us, these Terms of Use, your use of our Services, rights of privacy, or rights of publicity. You expressly agree to waive trial by jury. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. You agree to not participate in a class action lawsuit or class-wide arbitration for any claims covered by these Terms of Use. You agree not to participate in claims brought in a private attorney general or representative capacity or consolidated claims involving another user’s account, if we are a party to the claim. Notwithstanding applicable law, the arbitrator will not have the authority to award damages, remedies or awards that conflict with these Terms of Use.

You may choose to exercise your right to opt out of arbitration. If you do so, neither of us can compel the other party to participate in any arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date you first became subject to this arbitration provision by writing to us at SPEAKSHIFT L.L.C-FZ, Business Centre 1, M Floor, The Maiden Hotel, Nad Al Sheba, Dubai, U.A.E, and including your name, residential address, and a clear statement indicating that you want to opt out of arbitration.

By using our Services pursuant to these Terms of Use, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct related to your claim, or shall otherwise be forfeited forever. 

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, other users, or our Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If a prohibition against class actions and other claims brought on behalf of third parties is found to be unenforceable, then the preceding language in this Dispute Resolution section will be null and void. If this Terms of Use and Privacy Policy, or any part therein including these arbitration terms, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the Terms of Use and Privacy Policy which shall be severed and given full force and effect.

We reserve the right to change this Dispute Resolution process at any time, but such changes will not apply to any dispute arising before the effective date of the revision. This Dispute Resolution section will survive termination your relationship with us, whether initiated by you or by us.

Governing Law, Venue and Territorial Restrictions

These Terms of Use are governed by and construed in accordance with the laws of the country of UNITED ARAB EMIRATES without affecting any principles of conflicts of law and WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action in law or equity relating to arbitration, if you opt out of arbitration, you agree to resolve any dispute that you may have with us exclusively in the courts of Dubai, United Arab Emirates.
 

The information provided within our Services is not intended for access, use or distribution to or from any person or entity in any country or jurisdiction where such access, use or distribution would counter any law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our Services, in whole or in part, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Because software related to or made available by our Services may be subject to United Arab Emirates export controls, no software from our Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.A.E. has embargoed goods; or (b) to anyone on the U.A.E’s Government Department’s list of Specially Designated Nationals or the U.A.E’s Commerce Department’s Table of Deny Orders. By downloading any software related to our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

These Terms of Use are written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Other Important Terms

These Terms of Use contain our entire agreement, superseding any prior agreements between you and us. Neither the course of conduct between you and us or trade practices will act to modify these Terms of Use. 

You are not permitted to assign these Terms of Use or any rights or delegate any obligations that are set forth in these Terms of Use, whether in whole or in part, voluntarily or by operation of law, without our prior written consent. Any attempt to delegate or assign your rights or obligations without our prior written consent will be considered null and void. 

We are permitted to assign these Terms of Use or our rights or obligations to any third party at any time without your prior written consent. 

The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with any other term in these Terms of Use. 

These Terms of Use do not confer any third party beneficiary rights.

Contact Us

Should you need to contact us or if you have any questions about these Terms of Use, please contact us at info@speakshift.ai  Thank you.