You have been granted access to the information contained on this site in order to access information and services provided by Spēkēz Technologies Inc. (“Spēkēz”). Your access to this site is subject to the following conditions (the “Agreement”):
Amendment of Agreement
Spēkēz reserves the right at any time in its sole discretion without liability to you or any third party to modify, suspend or terminate your access to Spēkēz’s website or any of its content (collectively, the “Site”) or Spēkēz’s services (the “Services”). Spēkēz may amend this Agreement at any time by posting the amended terms on the Site.
Authorized Users
The Site and the Services are intended for use by persons who have authenticated their identities and lawfully received passwords to the Site from Spēkēz (“Authorized Users”). If you register with Spēkēz on the Site, you will have to select a password and log in identity. You may also have to provide Spēkēz with certain other information, all of which must be accurate, true and complete and must be kept current at all times. By providing telephone number(s) and email address(es) to be associated with your account to Spēkēz, you represent and warrant to Spēkēz that you are a legal account holder for such telephone number(s) and email address(es). You are responsible for correctly setting up and maintaining your user account with Spēkēz. You may not (i) select or use a member log in of another person with the intent of impersonating that person; (ii) use a member log in to which another person has rights without such person’s authorization; or (iii) use a member log in that Spēkēz in its discretion deems offensive. By using the Site in any manner, you represent and warrant to Spēkēz that you are an Authorized User and consent to Spēkēz or any entity that controls, is controlled by, or is under common control with Spēkēz (each, an “Affiliate”) to verify any information provided by you through the Site. In consideration of your use of the Site and the Services, you agree to maintain the security of your user name and password and agree that you will be solely responsible to Spēkēz for all activities that occur under your account.
Your Obligations and Conduct
The Site and the Services are made available for your personal, non-commercial use only. You agree that you will not reproduce, duplicate, copy, sell, trade or resell all or a portion of the Site or the Services for any purpose. You agree that you are solely responsible for, and that Spēkēz has no responsibility to you or any third party for, any content or information that you create, transmit, or display while using the Site or the Services. Unless otherwise indicated on the Site, Spēkēz provides the Site and Services to you free of charge; however, you are solely responsible for any and all charges, fees, and liabilities incurred in connection with your use of third-party service or content providers, including email and cellular telephone providers. Messages and services provided by Spēkēz, whether or not they are delivered to or access your cellular telephone, may include a premium message charge on your cellular telephone account. You may also be charged for standard messages and other uses of wireless telecommunications services (including data transmission fees) by your cellular telephone or internet services provider.
You agree that you will not (i) engage in any activity that disrupts the Site or the Services, (ii) you will not use the Site or the Services to transmit spam or upload, post or otherwise make transmissions that are inaccurate, harmful, obscene, defamatory, racist, or are otherwise offensive, (iii) you will not use the Site or the Services to transmit software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. You further agree you will not use the Site or the Services to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any governmental regulations.
Privacy Policy
Use of the Site and Services is also subject to Spēkēz’s Privacy Policy.
Links to Third-Party Websites
Spēkēz may provide hyperlinks to third-party web sites on the Site or in other communications to you. Spēkēz does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Spēkēz does not endorse, recommend or approve any third-party web site hyperlinked from the Site or otherwise communicated to you. Spēkēz will have no liability to any entity for the content or use of the content available through such hyperlink.
Intellectual Property Rights
As between you and Spēkēz, the Site and Services and all Intellectual Property Rights (defined below) therein are owned by Spēkēz. You may view the Site and its content and may use the Services only for personal, non-commercial use, must not reproduce, distribute, modify, create derivative works of, or reverse engineer the Site and the Services, in whole or in part, by any means and you must not remove or modify any copyright or trademark notice, or other notice of ownership. As between you and Spēkēz, Spēkēz shall retain exclusive ownership of the Site and the Services and the ideas embodied therein, and if you make any modification or derivative work of the Site and the Services in violation of this Agreement, you will, and hereby do, assign to Spēkēz all of your rights, title, and interest in and to such modifications or derivative works and all Intellectual Property Rights therein. You acknowledge that the password-protected portions of the Site constitute the confidential, proprietary trade secrets of Spēkēz.
All rights not explicitly granted hereunder shall remain with Spēkēz. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to Intellectual Property Rights of Spēkēz, whether by estoppel, implication, or otherwise.
“Intellectual Property Rights” means all intellectual property rights of any kind or nature however denominated throughout the world, including, without limitation, all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, registered and unregistered service marks, domain names, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.
Confidentiality
The Site may disclose information that is confidential or proprietary to Spēkēz. Such confidential information may include, but is not limited to Spēkēz’s business processes or technology (the “Confidential Information”). “Confidential Information” does not include any information which you can show through documentary evidence (i) was known to you at the time of disclosure; (ii) is, as of the time of its disclosure, publicly known, or later becomes publicly known through no wrongful act by you; or (iii) is received by you without restriction as to use or disclosure by a third party not known by you to be under a confidentiality obligation to the disclosing party. You agree that you will maintain the Confidential Information as confidential and will not copy, disclose to third parties, nor use the Confidential Information for any purpose other than as explicitly allowed in this Agreement.
Term
This Agreement take effect on the date you first access or use the Site. Spēkēz reserves the right at any time in its sole discretion to terminate your access to the Site and/or the Services, with or without notice. Upon such termination for any reason, you will cease access to the Site and all of your user rights herein will cease.
Rights and obligations under this Agreement which by their nature are intended to survive the termination of your authorization to use the Site and/or the Services will remain in full effect after such termination, including without limitation those of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12.
Indemnity
You agree to indemnify and hold Spēkēz and its parent, subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any losses, expenses, costs or damages (including our reasonable legal fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of or in any manner related to any claim, demand, or action based upon your use of or connection to the Site or any of its content, your violation of this Agreement, your violation of any rights of a third party, or your violation of any agreement you are bound by with a third-party.
Disclaimer of Warranties
Spēkēz strives to provide complete, accurate and up-to-date information on the Site. However, it is not possible to ensure that any web site is completely free of errors. In addition, speech recognition software is inherently subject to errors. The Site and any text or information provided to you in connection with the Services may contain typographical mistakes, inaccuracies, or omissions, and some text or information may not be complete, accurate or current. Spēkēz reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice. Spēkēz may also refuse to process individual audio files or voice messages. Spēkēz disclaims any and all responsibility or liability for (i) the accuracy, content, completeness, legality, reliability, or availability information or material displayed on the Site or provided in connection with the Service and (ii) deletion, failure to store, or untimely or incomplete delivery of any information or material.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING ALL SERVICES AND CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE EXTENT PERMITTED BY LAW SPĒKĒZ DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SPĒKĒZ MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE OR THE SERVICES.
SPĒKĒZ MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE OR IN CONNECTION WITH THE SERVICES, WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, SPĒKĒZ IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, OR PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES, EVEN IF SPĒKĒZ HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN CONTRACT OR IN TORT.
To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, incidental or consequential damages, portions of the above limitation or exclusion may not apply. Spēkēz does not seek to exclude or restrict its liability for personal injury arising from its negligence.
General Terms
Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this Agreement will remain in full force and effect.
This Agreement shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the law of The Commonwealth of Massachusetts. Spēkēz and you hereby submit to the exclusive jurisdiction of state and federal courts located in The Commonwealth of Massachusetts. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THIS AGREEMENT OR ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR TO BE DELIVERED IN CONNECTION WITH THIS AGREEMENT OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT, AND AGREE THAT ANY ACTION SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
This Agreement constitutes the entire agreement between you and Spēkēz relating to their subject matter, and cancels and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by an authorized Spēkēz representative. You may not assign, sublicense, delegate or otherwise transfer this Agreement or any right granted hereunder.
