End User License Agreement
SPEECHEE, LLC End User License Agreement
Applicable from: January 1st, 2018
Our Mobile Application End User license agreement ("Agreement”) describes rights and responsibilities and, together with all the other terms and conditions referred to below, form a legally binding agreement between you (“End User”) and (SPEECHEE LLC) (“Company”, “we”, “us”) regarding your use of our application(s)(SPEECHEE application) and other services.
BY DOWNLOADING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND ACCEPT THIS AGREEMENT AND AGREE AND ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION AND IMMEDIATELY DELETE IT FROM YOUR ELECTRONIC DEVICE.
For purposes of this Agreement "Application(s)" means all software distributed, published or made available by us or our affiliates including, but not limited to mobile applications, downloadable applications for computers, and applications and services accessed by internet browser or other online communication channel.
1.License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal or commercial use on a mobile or personal electronic device owned or otherwise controlled by you ("Device") in accordance with this Agreement.
2. License Restrictions. Licensee shall not:
copy the Application;
(b) modify, translate, adapt, alter, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or violate any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Application available, or any features or functionality of the Application, to any third party for any reason, unless expressly permitted by SPEECHEE LLC;
(f) remove, disable, circumvent, or create or implement any outside means to any copy protection, rights management, or security features in or protecting the Application;
(g) Post material containing restricted or password only access pages, or hidden pages or images including those not linked to or from another accessible page;
(h) Transmit any viruses, worms, defects, phishing schemes, Trojan horses or other items of a contaminating or outside code through the Application or otherwise attempt to interfere with the proper working of the Application;
(i) Engage in any activity using or related to the Application, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party or that endorses or encourages any illegal activity.
(j) The above is not a complete list of illegal and/or prohibited uses of the Services.
(k) COPPA. The Applications are not directed to children under the age of 13. Users must be 13 years of age or older to use the Applications. SPEECHEE LLCSPEECHEE LLC complies with the Children’s Online Privacy Protection Act. This Application does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for this Application, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to use the Application.
3.Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in compliance with this Agreement. SPEECHEE LLCSPEECHEE LLC shall retain its right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights relating to this Application.
4.Information Collection and Use.
(b) You hereby grant, transfer and assign to SPEECHEE LLC a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, sell, create derivative works of and archive the information and material that you provide or submit to Application, in any form or media now known or hereafter developed to sublicense, without compensation to you or your affiliates.
(c) You hereby acknowledge and agree that any suggestions, feedback, testimonials, or information related to this Application provided by you is provided to SPEECHEE LLC on a non-confidential and unrestricted basis and we receive a non-exclusive, perpetual, royalty free, fully transferable license to display, reproduce, edit, transmit modify, revise, sell, create derivative works of, archive, and use for advertising purposes on any number of platforms.
(d) You hereby acknowledge and agree that the material you post on the Service, including images, is only content owned by you or content which you have received the express written permission of the owner, or content in the public domain.
5. Geographic Restrictions. The Content and Services are based in the state of New York in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
a. SPEECHEE LLC may at any time and for any reason develop and provide updates, upgrades, information, bug fixes, patches, other error corrections, modifications, deletions or new features or functionalities, updates to this Agreement, and/or new features ("Updates"). We have no obligation to provide any updates, patches, or to continue to provide any specific features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Application of may not properly operate should you fail to update. All Updates will be deemed part of the Application and be subject to this Agreement.
b. This policy may change from time to time and will be updated on the website www.speecheefinder.com. Your continued use of the App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
c. You hereby agree that upon reception of our notices your continuing use of our service and maintaining the application on your device is hereby an agreement to those changes.
d. Notice may come in any form we deem fit, including but not limited to, text message, in-app notification, email, postings on the company website, or updates to this agreement available in the application or on the company website.
e. We retain the right to distribute information and updates to consumers at will or as we see fit. We have no obligation to allow consumers access to the status of items, rewards, or applications.
(a)The Application may display, include, or make available third-party content or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). SPEECHEE LLC does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party materials are subject to such third parties' terms and conditions.
(b) Your activities involving third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. SPEECHEE LLC will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Issues, questions, complaints, or claims related to third party products services should be directed to the appropriate vendor. Any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page. You are responsible to seek out and comply with all third party terms and conditions, including but not limited to, your internet service provider, your cellular text SMS data provider, your credit card and bank provider, PayPal, Apple Itunes Store, Google Play Store, the device manufacturer, any courier service you may use, and the like. The SPEECHEE app may use data, email, SMS, text, internet, bandwidth, and the like which may be subject to usage fees. All users agree to be responsible for those charges, as per individual carriers, and SPEECHEE LLC will not be responsible for any fees or charges incurred.
(a)The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Agreement;
(b)You may terminate this Agreement by deleting the Application and all copies thereof from your device(s);
(c)SPEECHEE LLC may terminate this Agreement at any time without notice in its sole discretion;
(d) This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement; and
(e)Termination will not limit any of SPEECHEE LLC's rights or remedies at law or in equity.
10. Warranties. The Application is provided to user "As Is" without warranty of any kind. To the maximum extent permitted under applicable law, SPEECHEE LLC, expressly disclaims all warranties, express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. SPEECHEE LLC provides no warranty or undertaking, and makes no representation of any kind that the application will meet requirements, achieve any intended results, or be error-free, or that any errors or defects will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
11.Limitation of Liability. In no event will SPEECHEE LLC be subject to any liability arising from or related to your use of the Application or the content and services for:
(a) property damage or loss, personal injury, privacy violations, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages;
(b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application;
(c)these limitations will apply whether such damages arise out of breach of contract, tort, copyright infringement, and data privacy violations, or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you;
(d) If you utilize the Application for commercial or business purposes, we are not responsible and have no liability to you for loss of profit, loss of business, or business interruption.
(e)The user understands that this is a lost and found system that relies on the good will of the general public. SPEECHEE LLC does not guarantee return of your lost items, nor proper functioning of the SPEECHEE app or return services. SPEECHEE LLC does not guarantee the proper function of third party APIs (application programming interface), service providers, related companies, or related services.
(f)Where it would be illegal to do so, we do not exclude or limit our liability.
12. Indemnification. You agree to indemnify, defend, and hold harmless SPEECHEE LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use Application or violation of this Agreement.
13. Member Behavior. You hereby agree to in relation to your use of the Application refrain from fowl language, harassing behavior, promoting illegal activity,, terrorism, or taunting of SPEECHEE LLC employees, third-parties, or other users.
SPEECHEE LLC is not responsible for the behavior of its users in relation to the return of your items. Dealings between members and the return of lost items are solely between those parties. We are not responsible for insult, personal injury, timeliness of return, or the condition of the items upon return.
14. Condition of Items. SPEECHEE LLC is not responsible for damage to your personal items, failure of our adhesive device to remain with your item, failure of the device to initiate the communication process, failure of the device to be legible, or the failure of the application to properly channel communication.
15. Expenses Incurred in Pursuit of Item. You hereby agree to incur all expenses related to the retrieval, communication, and courier fees related to the transfer and retrieval of your items. These fees include, but are not limited SMS text messaging, data, email, or internet provider fees related to your individual carrier.
User is responsible for all fees incurred by SPEECHEE LLC and the Application including but not limited to: shipping fees, service fees, reward fees as well as any fees that are incurred outside of the usual notification and agreement processes. Such fees may be higher than the fee estimate given during the return process. The user is responsible for those fees even if determined after the return process has concluded.
User agrees to the payment of a $25.00 USD minimum default reward. The reward is non refundable, even if the item is not returned or returned damaged, in part or in any other way unacceptable condition. Once payment is processed and paid for, there will be no refund for any circumstances.
13. Member Disputes. You are solely responsible for your interactions with other users of the Application in regard to its services. SPEECHEE LLC has no obligation to monitor disputes or conduct between you and other users and to take corrective action, account deletion, content removal, or service removal, if SPEECHEE LLC determines that there has been a violation of the Agreement or if action between members is otherwise necessary, in its sole discretion.
14. International Use. SPEECHEE LLC makes no claims that any portion of the Application may be downloaded outside of the United States. Downloading the Application may not be legal in certain countries or for certain individuals or organization.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision and related portions of the Agreement will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in effect.
16.Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Nassau County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Submission of Unsolicited Ideas. SPEECHEE LLC does not accept unsolicited ideas of any kind. Do not send us materials relating to these aforementioned ideas. If you ignore our request and send any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
18. Binding Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before a single arbitrator. The arbitration shall be administered JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
We may be required by international, state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. Subject to the arbitration provision above and for all purposes of this Agreement, this Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and SPEECHEE LLC each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
19.Waiver. No failure or delay to exercise on the part of either party, any right or any power hereunder this Agreement shall operate as a waiver thereof. Both SPEECHEE LLC and user agree and acknowledge that no single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
20. Force Majeure. SPEECHEE LLC is not responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond SPEECHEE LLC’s reasonable control. In the event of such a failure, SPEECHEE LLC’s obligations shall be suspended until SPEECHEE LLC is able to perform.
21. Additional Terms for APPLE:
1. Acknowledgement: SPEECHEE LLC and you the end-user acknowledge that the EULA is concluded between SPEECHEE LLC and you the end-user and the end-user only, and not with Apple, and SPEECHEE LLC, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA does not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of January 18, 2018.
2. Scope of License: This is a non-transferable license to use the Licensed Application on any Apple-branded Products that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: SPEECHEE LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. SPEECHEE LLC and you the end-user acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: SPEECHEE LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SPEECHEE LLC’s sole responsibility.
5. Product Claims: SPEECHEE LLC and you the end-user acknowledge that SPEECHEE LLC, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may not limit Your liability to the end-user beyond what is permitted by applicable law.
6. Intellectual Property Rights: SPEECHEE LLC and you the end-user must acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, SPEECHEE LLC and you, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The end-user must represent and warrant that (i) he/she is not located in a country 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 (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Contact information:
PO BOX 57
Old Westbury, NY 11568
1 805 738 8766
9. Third Party Terms of Agreement: The end-user must comply with applicable third party terms of agreement when using the Application, e.g., the end-user must not be in violation of their wireless data service agreement when using the Application.
10. Third Party Beneficiary: SPEECHEE LLC and you the end-user acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.