TERMS AND CONDITIONS
Welcome and thank you for your interest in SPEEQO Limited (hereinafter “SPEEQO”), incorporated and registered in the UK, is dedicated to providing you with top-tier products and services. By accessing and using our products, you agree to the following Terms and Conditions. If you have any questions or concerns, please contact us at support@speeqo.com.
GENERAL
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SPEEQO (“us” and “our”), concerning your access to and use of the Products as well as any other media and digital form, media and digital channel, platform, API, SDK, website, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Products”).
You agree that by accessing and using the Products, you have read, understood, and agree to all of these Terms and Conditions presented to you. If you do not agree with any part of these Terms and Conditions, please do not use any of the Products and discontinue use immediately.
SPEEQO reserves the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. You will be updated about any changes by showing an update of the date of these Terms and Conditions on the website. SPEEQO recommends you to monitor our website for such changes regularly and it is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Any changes to our Terms and Conditions may be also announced by e-mail. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Products after the date such revised Terms and Conditions are posted. Please feel free to consult with an attorney prior using any of the Products.
Accordingly, any person who chooses to access the Products from any location globally can do so on their own initiative and are solely responsible for compliance with their respective local laws, if and to the extent local laws are applicable.
PRODUCTS
SPEEQO offers a range of products, including "tonelingo". To use certain products, you may need to download content or software and agree to additional terms and conditions. Unless otherwise stated, these additional terms are considered part of these Terms and Conditions.Our products are designed for professionals with the appropriate background knowledge. SPEEQO is not responsible for inaccurate data or results. Always consult with certified specialists before making decisions based on our products.
Except if explicitly expressed, SPEEQO has neither looked for nor gotten endorsement of its Products for any clinical application as per distributed FDA guidelines, EMA guidelines or other medical guidelines and our Products are not expected to be utilized in the determination of any illness nor to be used for treatment of any illness. The Products are meant to be used by professionals with an appropriate background who have the means to understand the complexity of information known and unknown for you and SPEEQO at the moment before, during or after the analysis. For a number of factors, which can influence accuracy of the Products, SPEEQO is not responsible for inaccurate data, information and results of the Products. You are advised to evaluate information carefully and at your own risk and in context with other data, discuss data, information and results with appropriate certified specialists before taking any additional steps.
SPEEQO maintains all authority to suspend the Products or change any part of the Products without earlier notification. Utilization of our Products may require at least one compatible device such as PC, mobile phone or tablet, web browser and access to the web, all of which may require every once in a while upgrades. You recognize and concur that you are solely responsible to make sure that your necessities are up to date. Your experience utilizing our Products could be affected by the services and products that you get from third-party sources, and SPEEQO can't acknowledge any liability for any services, items and administrations that it has not made.
CONTENT
Everything that you post, add, upload or make accessible to the Products is considered a “Contribution” to the Products. By posting your Contributions to any part of the Products, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. You have the possibility to object within 4 weeks since the start of your use of the Products against the potential sell and resell of your Contributions. SPEEQO will make proper adjustments to accommodate your objection. SPEEQO does not and will not sell, resell, publish, broadcast, publicly perform, publicly disclose, publicly display, nor transmit (in whole or in part), and distribute any personal data related to minors, which are not fully anonymized. For purposes of there Terms of Conditions, a minor is any person under 18 years of age.
We are not liable for any statements or representations in your Contributions provided by you or your representatives in any area within the Products. You further agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) considered as a foreign terrorist organization.
You are solely responsible for your Contributions to the Products and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations within the Product; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We care about protecting all the users and we ask you to keep the Student ID, User ID or other ID (hereinafter “ID”) confidential. You agree that ID will be a unique numbeer and it may not be shared within anyone outside the registered organization and legal representatives. Student IDs may only be used by the administrator, educational organisation, educator(s), educational entity, parent and legal guardian or student to whom they are assigned. User ID may only be used by the registered organisation. You remain at all times solely and fully responsible for the proper use of the Products and ID issued hereunder. SPEEQO has no obligation to monitor your correct use of the Products and IDs. Upon becoming aware of your incorrect use of the Products and IDs you will be asked to make immediate corrective changes and your access to the Product will be suspend until such changes will be made.
ELIGIBILITY
All users who are under the age of 18 must have the permission of, and be directly supervised by, their educator, certified specialist, parent or guardian to use the Products. If you are under the age of 18, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Products. We may, in our sole discretion, refuse to offer the Products to any person or entity and change its eligibility criteria at any time. If SPEEQO receives actual knowledge that anyone under the age of 18 has provided personal data or information to us without the requisite and verifiable parental consent or no objection, we will delete that information from the Products as quickly as is reasonably possible.
While we set these age limitations for users' safety and compliance with applicable laws, we do not have an obligation to verify the age of any individual accessing or using our Products. By accessing or using the Products, users affirm that they are of the required age. If you are not of the required age, you are not permitted to use the Products and must not attempt to do so.
SPEEQO shall not be held responsible or liable for any misrepresentation of age by any user. It is the responsibility of users to adhere to these Terms and Conditions, particularly with respect to age restrictions. Any breach of this provision is solely the user's responsibility, and SPEEQO disclaims any and all liabilities arising from such breaches.
PROPRIETARY RIGHTS
Unless otherwise indicated, SPEEQO shall retain all proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Product (collectively, the “Intangible assets”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by the SPEEQO or licensed to SPEEQO, and are protected by copyright and trademark laws and various other intellectual property rights and related laws of the UK, foreign jurisdictions, and international conventions. The Intangible assets and the Marks are provided on the Products “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Products and no Intangible assets or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without SPEEQO’s express prior written permission. Provided that you are eligible to use the Products, you are granted a limited license to access and use the Products and to download or print a copy of any portion of the Intangible assets to which you have properly gained access solely for your personal, non-commercial use. SPEEQO reserves all rights not expressly granted to you in and to the Product, the Intangible assets and the Marks.
We respect the intellectual property rights of others. If you believe that any material available on or through the Products infringes upon any copyright you own or control, please immediately notify us at support@speeqo.com
If possible, SPEEQO will also notify the person who posted or stored the material addressed in your concern. Please be advised that pursuant to the UK law you may be held liable for damages if you make material misrepresentations in your notification to SPEEQO. Thus, if you are not sure that material located on or linked to by the Products infringes your copyright, you should consider first contacting an attorney.
TERMINATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions shall remain in full force and effect while you use the Products. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PRODUCTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PRODUCTS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, SPEEQO reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When you decide to terminate and end your use of the Products, you have right to be forgotten and SPEEQO will remove all the personal information about you within a reasonable time.
INDEMNIFICATION
You hereby irrevocably and unconditionally agree to defend, indemnify, and hold harmless SPEEQO, its parent companies, subsidiaries, affiliates, and all of their respective officers, directors, agents, partners, employees, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, penalties, fines, and expenses (including but not limited to attorney's fees and costs) arising from or in any way related to: (a) your Contributions to the Products; (b) your use of and access to the Products; (c) your violation of any term of these Terms and Conditions; (d) your breach of any of the representations and warranties set forth in these Terms and Conditions; (e) your failure to uphold any rights of a third party, including but not limited to intellectual property rights; (f) your use or misuse of any third-party services or products in connection with the Products; (g) any data breach, unauthorized access, use, or disclosure of personal or non-personal data related to the Products under your control or possession; (h) any breach, alleged breach, non-compliance, or violation of any statutes, ordinances, rules, regulations, including but not limited to GDPR or any other data protection or privacy regulations, attributable to your actions, omissions, or negligence.
You further agree that SPEEQO shall have the sole discretion and right, but not the obligation, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not, under any circumstances, settle any claim without the prior written consent of SPEEQO.
You also agree to provide SPEEQO with whatever cooperation it reasonably requests. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Products.
DISCLAIMER
THE PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PRODUCTS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
To the fullest extent permitted by applicable law, SPEEQO, its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of, or inability to access or use, the Products; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any other matter relating to the Products.
By using the Products, you hereby irrevocably and unconditionally agree to defend, indemnify, and hold harmless SPEEQO, its parent companies, subsidiaries, affiliates, and all of their respective officers, directors, agents, partners, employees, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, penalties, fines, and expenses (including but not limited to attorney's fees and costs) arising from or in any way related to your use of the Products, regardless of the cause or form of action.
PRIVACY
SPEEQO places paramount importance on the privacy and security of your data. It is imperative that you thoroughly review the SPEEQO Privacy Policy available on the SPEEQO website. By utilizing the Product, you unequivocally and irrevocably consent to all provisions outlined in SPEEQO’s Privacy Policy, which forms an integral part of these Terms and Conditions.
The Products are primarily governed and construed in accordance with UK laws. Should you access the Products from a jurisdiction outside the UK, or from a region with divergent laws or stipulations pertaining to personal data collection, usage, or disclosure from those prevalent in the UK, you hereby acknowledge and consent to the potential transfer of your data to various global locations where SPEEQO operates, encompassing both within and outside the EU. By continuing to use the Products, you expressly and unconditionally grant permission for your data to be transferred to, stored in, and processed in these locations. Furthermore, SPEEQO retains the sole discretion to store data in regions other than the UK. You unreservedly acknowledge and agree that your data may be securely transferred to and stored in these regions, irrespective of the data protection norms of your jurisdiction.SPEEQO cares about your data privacy and security. Please review SPEEQO’s Privacy Policy posted on the SPEEQO’s website.
By using the Product, you agree to be bound by SPEEQO’s Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Products are governed by UK laws.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED MAXIMUM TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE PERIOD SINCE YOU STARTED USING THE PRODUCTS TO THE MOMENT OF ANY CAUSE OF ACTION.
CERTAIN STATE LAWS OR COURTIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid under any applicable laws, such provisions shall be deleted without affecting the remaining provisions herein. In the event that any provision of these Terms and Conditions is deemed invalid or legally unenforceable by a court of competent jurisdiction, the invalid provision will be deemed replaced by a similar but valid and legally enforceable provision as near in effect as the invalid or legally unenforceable provision.
FORCE MAJEURE
Neither your or SPEEQO shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If you or SPEEQO are affected by such event shall forthwith inform each other of the same and shall use all reasonable endeavours to comply with the Terms and Conditions contained herein.
ENTIRE AGREEMENT
These Terms and Conditions, inclusive of all legal notices and disclaimers presented on this website and within the Products, represent the comprehensive agreement between SPEEQO and you concerning your engagement with this website and the Products. This agreement unequivocally supersedes all prior discussions, agreements, and understandings pertaining to this subject matter.
The laws of the United Kingdom exclusively govern these Terms and Conditions. By accessing this website and availing of our services and Products, you unreservedly consent to these Terms and Conditions. You further agree that any disputes, controversies, or claims stemming from or related to these Terms and Conditions—including but not limited to their existence, validity, interpretation, performance, breach, or termination—shall be exclusively and finally resolved by arbitration within the United Kingdom, in accordance with the Arbitration Act 1996.
Any failure on SPEEQO's part to enforce any provision within these Terms and Conditions or any associated Agreement, or any failure to exercise any termination option, shall not be interpreted as a waiver of such provisions. Such non-enforcement or non-exercise shall in no way impact the validity of these Terms and Conditions, in whole or in part, nor the subsequent right to enforce every provision.
These Terms and Conditions can only be amended, modified, varied, or supplemented through written documentation, duly endorsed by authorised representatives of SPEEQO. SPEEQO retains the unequivocal right to periodically modify these Terms and Conditions as deemed necessary. Your sustained engagement with the website and the Products is contingent upon your acceptance of any modifications to these Terms and Conditions. Should there be alterations to our privacy policy, we will duly notify you of such changes via e-mail.
These Terms and Conditions are integral to the overarching agreement between you and SPEEQO. Your access and utilisation of the Products signifies your comprehensive understanding, agreement, and acceptance of the entirety of the Terms of Service presented herein. We trust you will derive value from our Products.
Updated on: 18th of August 2023