Terms and Conditions
This Agreement (“Agreement”) is between you and SpeakLike, Inc. (“SpeakLike”), a corporation organized and existing under the laws of the state of New York, and with a principal place of business located in New York, NY, in the United States of America.
SpeakLike provides translation services (“Service”) on the SpeakLike.com website (“Site”) and other products, such as the SpeakLike API.
By accessing this Site, you indicate your agreement with and understanding of the following terms and conditions. If you do not agree to be bound by the terms and conditions in this Agreement, do not use the Service and do not provide any information to, access or otherwise use this Site.
SpeakLike reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
2. Age Restriction
You represent and warrant to SpeakLike that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this agreement. If you are under the age of eighteen, you may use the Service only with the consent of your legal guardian.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise SpeakLike promptly in writing of any such changes or updates. You further consent and authorize SpeakLike to verify your Registration Data as required for your use of and access to the Service, as applicable. Once you register to use the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as “IDs”). You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. SpeakLike is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify SpeakLike of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
4. Copyrights and Trademarks
All content on the Site, as well as its subdomains, is owned by SpeakLike. The Site is protected by the copyright and trademark laws of the US and other countries, international conventions, and other applicable laws.
5. Disclaimer and Warranty
The Service (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) is provided AS IS, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. To the fullest extent permissible by law, SpeakLike and its affiliates make no warranties and shall not be liable for the use of the Service under any circumstances, including but not limited to negligence by SpeakLike. SpeakLike does not warrant that the functions contained in the Site or the Service, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, that the Site or Service will meet any particular criteria of performance or quality, or that the Site, including the server(s) on which the Site is operated, are free of viruses or other harmful components.
6. Limitation of Liability
Use of the Service is at your own risk. You assume full responsibility and risk of loss resulting from your use of translations or any other materials accessed through or obtained by means of the Service. Under no circumstances shall SpeakLike or its affiliates, or any provider of telecommunications or network services for SpeakLike or the affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Site or Service, even if SpeakLike, its affiliates, or their providers of telecommunications or network services has been advised of the possibility of such damages. The total liability of SpeakLike and the affiliates hereunder is limited to the amount, if any, actually paid by you for access and use of the Service. You hereby release SpeakLike and its affiliates from any and all obligations, liabilities and claims in excess of this limitation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
7. Change in Fees or Fee Structure
SpeakLike reserves the right to amend the fees or fee structure of the credit packages or any other offering of the Service at any time, without prior notice to you. Notice of any such changes will be posted on the Site.
This Agreement constitutes the entire agreement between you and SpeakLike regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions. Failure by SpeakLike to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
9. Legal Fees
If SpeakLike is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse SpeakLike for its legal fees, costs and disbursements if SpeakLike is successful.
SpeakLike reserves the right to restrict, suspend or terminate your access to the Service, in whole or in part, with respect to any breach or suspected breach of any portion of this Agreement, and it will not limit any other rights or remedies which are available to SpeakLike. In the event of such a termination, there will be no refunds for unused credits in your user account. SpeakLike reserves the right to refuse to provide services to you in the future.
You may terminate this Agreement by providing SpeakLike with written notice of your termination and ceasing to use Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease. If you have a positive balance of credits in your account when such termination occurs, SpeakLike will refund you the monetary value of the credits remaining in your account minus the sum of any credits you received gratis in the purchase of credit packages with bulk discount pricing or through any other SpeakLike promotion.
Without limitation of any other provisions hereof regarding termination, SpeakLike reserves the right to terminate your use of the Service, without cause, upon reasonable notice. If you have a positive balance of credits in your account when such termination occurs, SpeakLike will refund you the monetary value of the credits remaining in your account minus the sum of any credits you received gratis in the purchase of credit packages with bulk discount pricing or through any other SpeakLike promotion.
11. Refund/Cancellation Policy
If you are not satisfied with any translation provided by the Service, you will be given the choice of: a) receiving a revised translation free of charge; or b) receiving a refund in credits for the value of the translation. You may cancel your membership to SpeakLike at any time for any reason whatsoever. In the event of a cancellation, SpeakLike will refund you the monetary value of the credits remaining in your account minus the sum of any credits you received gratis in the purchase of credit packages with bulk discount pricing or through any other SpeakLike promotion.
13. Modification of the Site or Service
SpeakLike may modify the Site or Service in any way at any time. SpeakLike may impose limits on any Service features or restrict your access to parts or all of the Site without notice or liability. If you are not satisfied with any such changes your only recourse and right is to cancel your membership.