Terms of service

IMPORTANT: BY USING SpeakApp (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE SpeakApp.

1. Acceptance of Term

The following instrument consists of the terms and conditions governing your (“you” or “user”) access to and use of SpeakApp (“We” or “Us”) proprietary mobile application and website known as SpeakApp and the content, features and services therein (collectively, “SpeakApp”). These SpeakApp TERMS OF USE together with the SpeakApp Privacy Policy available at https://speakapp.com/privacy (these “Terms”) constitute a binding agreement between you and SpeakApp, and by continuing to use SpeakApp (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit SpeakApp and cease making any use SpeakApp.

We may unilaterally change or add to these Terms at any time. In the event of a material change, We shall notify you by email, SMS or a prominent notice on SpeakApp. You should check SpeakApp periodically and review changes to the Terms at the following URL: https://speakapp.com/terms . By continuing to use SpeakApp following such modifications, you agree to be bound by such modifications.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 19 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN SECTION 19, YOU AND SpeakApp AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND SpeakApp WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Services

SpeakApp allows you to transcribe voice or speech from audio or video files of up to a maximum of five minutes in duration, to text. Among other things, SpeakApp allows you to search through transcriptions, and also enables you to share the transcripts with others.

3. License

Subject to the terms and conditions set forth herein, SpeakApp hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of SpeakApp, only according to these Terms. The license may be terminated by SpeakApp at any time.

4. Limitations on Use

You undertake to use SpeakApp solely for personal non-commercial purposes. Except as specifically permitted herein, you agree not to (i) harass, intimidate, bully or threaten any person; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (iii) transfer, distribute, scrap, copy all or any part of SpeakApp and/or the SpeakApp IPR (as defined below) and/or use SpeakApp as a service bureau; (iv) syndicate any part of SpeakApp or refer to SpeakApp by use of framing; (v) make use of SpeakApp in any jurisdiction where same are illegal or which would subject SpeakApp or its affiliates to any registration requirement within such jurisdiction or country; (vi) use, or encourage, promote, facilitate or instruct others to use SpeakApp for any illegal, harmful or offensive use, including without limitation sending spam; (vii) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (viii) use SpeakApp in a manner that is reasonably likely to bring any person or property into disrepute, including any use in advertising or promoting illegal behavior, hostility or discrimination based on race, religion, ethnic background, sex, age, disability or sexual preference or any other subject matter that would be reasonably likely to be offensive or unflattering to any such person or proper, (ix) access SpeakApp through or use with SpeakApp any automated or unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of SpeakApp; (x) perform any act that destabilizes, interrupts or encumbers SpeakApp or its servers or use “load testers”, that enable sending more request messages to the servers of SpeakApp, in a given period of time, than a human can reasonably send in that time period by using SpeakApp; (xi) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of SpeakApp and/or any other software available on SpeakApp or create derivative works thereof; (xii) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account; (xiii) attempt to interfere with, hack into or decipher any transmissions to or from the servers for SpeakApp; (xiv) download or otherwise export or re-export SpeakApp or underlying information or technology (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.

You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using SpeakApp. You are solely responsible for any mobile charges when you use SpeakApp including data charges for use of SpeakApp. If you are not sure if such charges apply or what they may be, please ask your provider before using SpeakApp.

5. Ownership of Proprietary Rights

SpeakApp, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trade-names and brands, services, texts, files, animation, images, sound, music, videos, various applications, organization, structure, specifications, Feedback (defined below), application “look and feel” and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (“SpeakApp IPR”) are the property of SpeakApp and/or its licensors who retain all right, title and interest in connection therewith.

No transfer or grant of any rights by SpeakApp is made or is to be implied by any provision of these Terms or by any other provision contained in SpeakApp with respect to the SpeakApp IPR or otherwise, except for the limited license set forth in Section 3 above.

We appreciate hearing from our users and welcome your comments regarding SpeakApp. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding SpeakApp (“Feedback”), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.

“Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

6. Your Content

6.1 Your Content. You shall have sole responsibility and liability for Your Content (defined in Section 6.3 below) and for your use of SpeakApp and the appropriateness of sending any content or messages to any recipient (collectively, together with Your Content, shall be hereby defined as “Your Use”). SpeakApp shall not be liable or responsible for Your Use or any parts thereof and shall be entitled, under its sole discretion, to remove or edit any of Your Use at SpeakApp’ sole discretion and without notice or explanation. SpeakApp does not provide back-up or archive services, you are solely responsible for maintaining adequate backups of Your Use. In order for SpeakApp to function properly, SpeakApp requires certain device permissions that allow it access to User’s device data, including but not limited to Your Content stored in the Media Library, Photo Library, or in Storage. SpeakApp does not access, download or use Your Content without your permission. SpeakApp will only access and use Your Content, as selected by you, for transcription by SpeakApp. Your Content will be encrypted and sent to the server only for the purpose of transcription. You can revoke these permissions at any time. Please note that the revoking of such permissions might impact the proper functioning of SpeakApp.

6.2 Representations and Warranties. You represent and warrant to SpeakApp that Your Use: (i) complies with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights and the right to privacy, (ii) does not contain any threatening, offensive, racist, hateful, threatening, violent, sexually explicit, obscene, libelous, defamatory or otherwise inappropriate or any commercial content, (iii) is free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies).

6.3 “Your Content” shall mean any and all content that you provide, upload, send or refer to through SpeakApp, including without limitation phone numbers and contacts in your mobile phone address book, any text, images, videos, sound, music, links, data or any other content or information or combination thereof.

7. Your Account and Contacts

You are solely responsible for any actions performed in SpeakApp under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify SpeakApp and modify your login information. The Services are intended for use by users at least eighteen (18) years old. You hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.

You may be able to invite your contacts to use SpeakApp. If you choose to invite one or more of your contacts, whether through SpeakApp or by using text messaging (SMS) or another communications, you represent and warrant that you have obtained all required consents and approvals by the recipients of such invitations to send them such messages, and that those recipients do not consider such messages unwanted or unsolicited. You shall have sole responsibility and liability for such messages and their content (even if SpeakApp proposed a message template).

8. User Warranties and Representations

You represent and warrant to SpeakApp that: (a) you have, and will have at all times, all rights, licenses and consents required for your use of SpeakApp, including without limitation in respect of the provision of and license to Your Content provided to SpeakApp herein, including phone numbers of and other contacts in your mobile phone address book; (b) you and Your Use will comply with all applicable laws; (c) you are not located in or a national or resident of any of the countries or entities referred to in Section 4 (xiv) above and/or any country or entity that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.

9. Purchases

SpeakApp offers certain enhanced features or packages which you can purchase (“In-app purchases”). A description of features associated with In-app purchases is available via SpeakApp’s mobile application and website.

When you make an In-app purchase, you acknowledge and agree that all billing and transaction processes are handled by the App Store Provider (“App Provider“) from whose platform you downloaded SpeakApp, including, but not limited to, the Apple App Store, Google Play or the Amazon Appstore.

All payments made are final, non-refundable, and non-transferable.

SpeakApp reserves the right to change its pricing terms for In-app purchases at any time and SpeakApp will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for In-app purchases made after such changed pricing terms have been communicated to you. If you do not agree with the changes to SpeakApp’s pricing terms then you may choose not to make the In-app purchase.

10. Free Trial

From time to time, we may offer trials of paid features for a specified period without payment or at a reduced rate. We reserve the right, in our absolute discretion, to determine your eligibility for a trial, and, subject to applicable laws, to withdraw or to modify a trial at any time without prior notice and with no liability.

11. Privacy

SpeakApp’ privacy practices are governed by SpeakApp privacy policy, the most updated copy of which can be found at speakapp.com/privacy (“Privacy Policy”), which is hereby incorporated by reference to these Terms. Your acceptance of these Terms constitutes your acceptance and agreement to be bound by our Privacy Policy.

12. Disclaimer

YOU AGREE THAT YOUR USE OF SpeakApp AND/OR THE SpeakApp IPR SHALL BE AT YOUR OWN RISK. SpeakApp, INCLUDING WITHOUT LIMITATION SpeakApp IPR ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SpeakApp DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

SpeakApp DOES NOT WARRANT THAT THE SpeakApp IPR AND/OR SpeakApp WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SpeakApp OR THE SERVER(S) THAT MAKES SpeakApp AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SpeakApp DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SpeakApp IPR OR SpeakApp (INCLUDING WITHOUT LIMITATION VOICE-TO-TEXT CONVERSION FEATURE) INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE, AS WELL AS INTERACTIONS WITH ANY OTHER USERS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON SpeakApp AND/OR ANY OF THE SpeakApp IPR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL SpeakApp AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF SpeakApp, OR RELIANCE ON ANY OF THE SpeakApp IPR OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY SpeakApp. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING SpeakApp WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, SpeakApp’S AGGREGATE LIABILITY SHALL NOT EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

14. Indemnification

You agree to defend, indemnify and hold SpeakApp and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or Your Use; (ii) any third party claim in respect of Your Use; (iii) any breach of these Terms.

15. Third Party Content

SpeakApp includes resources and content provided by third parties and may include links to third party services and resources or enable you to receive services directly from third parties (collectively, “Third Party Content”). SpeakApp is not and shall not be liable or responsible for any Third Party Content and does not control its availability. Should you leave SpeakApp via a link or use Third Party Content, you do so at your own risk. In as much as you are redirected to linked sites, applications and content, We recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites and content.

16. Notice And Takedown

In the event that you believe that any content included in SpeakApp violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, inappropriate or offensive, please file a detailed notice of complaint to SpeakApp in the following email: info@speakapp.com, identifying such content and detailing the facts basis of your complaint and we will make reasonable efforts to remove the content. We will not be able to remove any content that was published outside SpeakApp. You shall remove any of Your Content you shared, posted and/or reposted outside SpeakApp upon SpeakApp’s first demand.

It is SpeakApp’s policy to respond to clear and valid notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we may promptly terminate without notice the accounts of those determined by us to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on SpeakApp infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing SpeakApp’ Designated Copyright Agent at the following email: info@speakapp.com with the following information in writing: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on SpeakApp are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SpeakApp to locate the material; providing URLs in the body of an email is the best way to help SpeakApp locate content quickly; information reasonably sufficient to permit SpeakApp to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that pursuant to the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please note that SpeakApp may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Counter-Notification: If you elect to send SpeakApp a counter notice, to be effective it must be a written communication that includes the following: a physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which SpeakApp may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

17. Termination

We may terminate these Terms and/or suspend your right to access or use any portion or all of SpeakApp and/or SpeakApp IPR immediately (including without limitations the limited license set forth in Section 3 above), at our sole discretion without notice. Upon termination you shall immediately cease using SpeakApp. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

18. Governing Law

These Terms shall be governed by the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

19. Arbitration, Class Waiver, and Jury Waiver

19.1 Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of SpeakApp that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis (“Disputes”), except that you and SpeakApp are not required to arbitrate any dispute for enforcement or infringement of either party’s Intellectual Property Rights (“Excluded Disputes”). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

19.2 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 USD may be resolved through a binding, non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

19.3 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

19.4 Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and SpeakApp. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and SpeakApp.

19.5 Waiver of Jury Trial. YOU AND SpeakApp WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and SpeakApp are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and SpeakApp over whether to vacate or enforce an arbitration award, YOU AND SpeakApp WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

19.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 19.12 below.

19.7 Confidentiality. No part of the legal proceedings will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

19.8 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

19.9 Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor SpeakApp can force the other to arbitrate. To opt out, you must notify SpeakApp in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your SpeakApp username and the App Provider account you used to set up your SpeakApp account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this e-mail address: info@speakapp.com

19.10 Small Claims Court. Notwithstanding the foregoing, either you or SpeakApp may bring an individual action in Small Claims Court.

19.11 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with SpeakApp.

19.12 Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed in accordance with the laws of England and Wales without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of England and Wales in respect of Excluded Disputes and hereby submit themselves to the jurisdiction of these courts.

19.13 N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.

20. General

You further agree that:

(i) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (ii) SpeakApp may, at its discretion, at any time, start charging and/or change the license fees for SpeakApp and/or any feature or content therein (the “Fees”), under any payment conditions as it deems fit. You will be charged the Fees that arise from such changes only after a notice is provided, either by email and/or a prominent notice on SpeakApp. By continuing to use SpeakApp following such modifications, you agree to be bound by such modifications; (iii) You acknowledge and agree that SpeakApp has the right, at any time and for any reason, to redesign or modify the SpeakApp IPR and other elements of SpeakApp or any part thereof; (iv) these Terms are the entire agreement between you and SpeakApp regarding the subject matter herein and these Terms shall not be modified except by a written instrument executed by both parties; (v) SpeakApp may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of SpeakApp. Any unauthorized assignment will be void and of no force or effect; (vi) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and SpeakApp any rights, remedies or other benefits under or by reason of these Terms; (vii) SpeakApp’ failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by SpeakApp as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO SpeakApp MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.

If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@speakapp.com