Terms of Service

Updated 03.05.2024

1. Introduction

Welcome to the Speakr, these Terms of Service ("Terms") are a legal agreement between Advansys Sagl ("Advansys", "we", "us", "our") and you ("you", "your") governing your access to and use of our online services, including our website, mobile applications (iOS and Android), and any other software, content, products, or services we provide (collectively, the "Service"). These Terms also incorporate by reference our Privacy Policy. By creating an account, accessing, or using the Service (including via third-party app stores), you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you disagree with any part of the Terms, please do not access or use the Service.

You must be at least 18 years old (or the age of legal majority in your jurisdiction). If you are a minor, you may use the Service only with the consent and under the supervision of a parent or legal guardian, using that adult's account.

2. Modifications

We reserve the right to modify these Terms at any time and will notify you of any changes by posting the updated Terms on our website. Your continued use of the Service after such modifications constitutes your acceptance of the modified Terms. Unless a later date is stated, changes take effect when posted. If you continue using the Service after changes become effective, you accept the updated Terms. If you don't agree, you must stop using the Service before the changes take effect.

3. Intellectual Property

The Service and its original content, features, and functionality (including software, designs, text, graphics, logos, and other materials we provide) are owned by Advansys Sagl and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

If you provide suggestions or feedback, you grant Advansys a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction.

4. Prohibited Uses

Except where the law grants you unwaivable rights, you agree not to (and not to allow anyone) to use the Service:

• For any unlawful purpose;
• To solicit others to perform or participate in any unlawful acts;
• To violate any international, national, or local regulations, rules, laws, or ordinances; ;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• To submit false or misleading information;
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Service;
• To spam, phish, pharm, pretext, spider, crawl, or scrape;
• To copy, modify, adapt, translate, create derivative works from, reverse engineer, decompile, or otherwise attempt to extract source code from the Service or any related software.
• To rent, lease, sell, sublicense, assign, distribute, or otherwise transfer the Service to any third party.
• To bypass, circumvent, or interfere with any security or access controls, usage metering, or digital rights management.
• To access non-public areas of the Service or our systems, or attempt to probe/scan/test the vulnerability of the Service.
• To use any automated means (bots, scripts) to access or use the Service except where expressly permitted by us.
• To use the Service in violation of law, third-party rights (including IP and privacy), or these Terms; upload harmful, defamatory, or unlawful content; or engage in harassment, fraud, or abuse.

We may throttle, suspend, downgrade, or terminate access if we reasonably believe your account violates these Terms, exceeds plan limits in an abusive way, or poses risk to others or to the Service.

5. User Accounts

Registration: Y You may need to create an account to use some features of the Service. You must provide accurate and complete information and keep your account information updated.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Prohibited Activities: You agree not to share your account credentials with any third party or use another user's account.

6. License and Use

License Grant: Subject to your compliance and timely payment, the Company grants you a non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes. Restrictions: You may not (i) use the Service for any commercial purpose without obtaining a commercial license; (ii) reverse engineer, decompile, or disassemble the software; (iii) use the Service to infringe upon the rights of others. Content Ownership: You retain ownership of any content you create using the Service. You grant the Company a worldwide, royalty-free license to use, reproduce, and display your content for the purpose of operating the Service.

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Infringe Intellectual Property: Use the Service to infringe upon the intellectual property rights of others.
• TTransmit Harmful Content: Upload, post, or transmit any material that is defamatory, offensive, or violates any law or regulation.
• Unauthorized Access: Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.

7. Email Communications

By creating an account or using the Service, you agree to receive email communications from the Company. These communications may include notifications that are crucial for your safety and the proper functioning of the Service, as well as updates, promotions, and other information. You will have the option to opt-out of promotional emails, but you may still receive critical notifications.

8. Orders, plans & the contract structure

From time to time you may purchase or activate access to parts of the Service via our interfaces or an order/checkout flow ("Order"). Each Order may specify plan type, term, renewals, pricing, usage limits, and other specifics. If there is any conflict between an Order and these Terms, the Order controls for that conflict. Your purchases are not contingent on any future features or statements.

9. Memberships and Subscriptions

Becoming a Member: You may sign up as a registered user of the Services free of charge (a "Member"). To become a Member, you need to go to the relevant section of the Services, then submit your email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.

Use of Services by Minors: You must be 18 years of age, or the age of majority in your province, territory, or country, to sign up as a registered user of the Services. Individuals under the age of 18, or the applicable age of majority, may utilize the Services only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.

Subscription Plans: We may offer several ways to access the Service (names and features may change from time to time):

• Free Plan ("free tier"): limited access and usage; offered at our discretion and may be modified or discontinued without notice.
• Free Trial: time-limited access to paid features. Unless you cancel before the trial ends, it converts automatically to a paid subscription at the then-current price and billing cycle shown at sign-up.
• Paid Subscriptions: fee-based plans (for example, "Plus", "Pro", or other tiers we may offer). Terms such as included features, usage limits, and pricing are as described at the point of purchase or in your Order.

9.1 Billing channels & renewals

• If you subscribe through a mobile app store, payment, renewals, cancellations, and (where applicable) refunds are handled by the app store under its terms.
• If you subscribe via our website, payment is processed by our payment partners.
• Automatic renewal: Subscriptions renew automatically for the same term at the then-current price unless you cancel before the renewal date. Where required by law, we'll send renewal reminders and disclose renewal terms and price.

9.2 Cancellations & refunds

• You can cancel anytime through the same channel you used to subscribe (app store account settings or your web account settings).
• Cancellation stops future charges; you keep access until the end of the current paid period.
• All fees are final and non-refundable, to the maximum extent permitted by law. This includes early cancellation and partially unused periods. If you subscribed via an app store, any refund request must be directed to that store.
• We may decline or revoke promotional offers, credits, or discounts for misuse, ineligibility, or where prohibited.

9.3 Usage limits & fair use

Plans may include usage limits (for example, on monthly activity, features, or outputs). We may enforce limits, apply reasonable throttling, or offer paid extensions at then current rates. We may update limits over time (we'll give notice if a paid plan's guaranteed limits materially decrease during a term).

10. Devices, app stores & updates

You need compatible devices and internet to use the Service. We don't guarantee compatibility with every device or OS version. We may push updates (including bug fixes or feature changes). On iOS/Android, you must also comply with the app store terms that apply to your download. The app stores are not responsible for providing maintenance or support, nor for any claims related to the apps; where required by the app store, it may be a third-party beneficiary of applicable license terms.

11. Prices, fees & payment terms

Plan prices are shown at purchase and may change (with prior notice where required).

By providing a payment method, you authorize us or our processors to charge all fees (and applicable taxes) on a recurring basis per your plan. If a charge fails, you agree to promptly provide a valid method and pay all amounts due. We may invoice unpaid amounts; late amounts may accrue interest at the lower of 1.5% per month or the maximum allowed by law. We may suspend the Service for overdue amounts not subject to a good-faith dispute.

12. Limitation of Liability

In no event shall Advansys Sagl, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the Service;;
• Any conduct or content of any third party on the website or within the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Our aggregate liability for all claims related to the Service is limited to the lesser of (i) the fees you paid to us for the Service during the six (6) months before the event giving rise to liability, or (ii) the fees for a single subscription term of your then-current plan.

Nothing in these Terms excludes liability that cannot be excluded by law (e.g., fraud, willful misconduct, or death/personal injury caused by negligence).

13. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We and our suppliers disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage.

Advansys Sagl, its subsidiaries, affiliates, and licensors do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• The Service is free of viruses or other harmful components; or
• The results of using the Service will meet your requirements.