Terms & Conditions

Introduction

THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH, THE SPEAKESY ENTERTAINMENT, THE OWNER OF THIS WEBSITE, PROVIDES INFORMATION AND SERVICES TO USERS OF THIS WEBSITE.

PLEASE NOTE THAT ALL USERS OF THIS WEBSITE SHALL BE SUBJECT TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUCH USE WHICH MAY BE POSTED FROM TIME TO TIME. THESE TERMS AND CONDITIONS CONSTITUTE A CONTRACTUAL AGREEMENT BETWEEN YOU AND THE SPEAKESY ENTERTAINMENT.

If you have any questions regarding the terms of this agreement, please contact The Speakesy at support@speakesy.in.

The www.speakesy.in website (the "Website") and the information and services related thereto are proprietary materials owned, operated and maintained by THE SPEAKESY ENTERTAINMENT for use solely by individuals authorized by The Speakesy ("Users").

Any reference herein to "you" or "your" shall mean "User". Any reference herein to "we", "us", or "our" shall mean "The Speakesy".

These terms of use govern your use of the Services (as later defined) and your responsibilities as a User. By your use of this Website and/or the Services, you agree to be bound by and comply with these Terms. If you do not agree to these Terms, you are forbidden from accessing the Website or using the Services.

A. Services and Grant of Rights

• The Speakesy operates and offers a program which allows Users to chat with an artificial intelligence "chatbot" through voice, text, and images (the "Services"). As used herein, "Services" shall include any other services offered by The Speakesy or available to the User on the Website.
• When you engage with the Services and the chatbot, you are not communicating with a real person, rather you are communicating with software based on artificial intelligence developed by The Speakesy and which is constantly learning and adapting.
• All images you might see depicting a person are not of a real person.
• The Speakesy hereby grants User a non-exclusive, non-transferable, limited right to access, display on User's computer, and use the Services consistent with these Terms of Use. This grant shall be terminable by The Speakesy at will, for any reason, and at The Speakesy's sole discretion.

B. Proprietary Materials

The Services contain copyrighted material, trademarks and other proprietary information (collectively, "Proprietary Material"), that may include but is not limited to, sound and video recordings, photographs, text, graphical images, and the software, formula, method and algorithm used by The Speakesy, which constitutes a trade secret of The Speakesy.

• You agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.
• The Speakesy, The Speakesy logo and The Speakesy design are trademarks or trade dress of The Speakesy, and may not be used without express written permission from The Speakesy, other than for attribution.
• All other trademarks not owned by The Speakesy that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Speakesy.
• Except as otherwise explicitly stated, all right, title and interest in and to the Proprietary Material and all copies thereof shall at all times remain the property of The Speakesy and/or its licensors.

C. Copyright Complaints

The Speakesy respects the intellectual property rights of others, and this Website requires that Users do the same. The Speakesy may, at its sole discretion, terminate the access of Users who infringe the copyright or other intellectual property rights of others.

Copyright law complaints should be sent to support@speakesy.in.

If you believe any materials accessible on or from The Speakesy infringe your copyright, you may request removal of those materials by providing:

• Identification of the copyrighted work that you believe to be infringed;
• Identification of the material that you believe to be infringing and its location;
• Your name, address, telephone number and email address;
• A statement that you have a good faith belief that the complained of use of the materials is not authorized;
• A statement that the information you have supplied is accurate;
• A signature or the electronic equivalent from the copyright holder or authorized representative.

D. User Obligations

As a condition of your use of the Services:

• You agree not to use the Services for any purpose that is unlawful and/or prohibited by these Terms;
• You agree to abide by all applicable local, state, national and international laws and regulations;
• You agree that any information you provide to The Speakesy shall be accurate, current and complete;
• You agree to maintain the security of your password and identification;
• You agree to be fully responsible for all use of your account;
• You agree not to post or make available any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, or hateful;
• You agree not to impersonate any person or entity;
• You agree not to post any unsolicited advertising, spam, or promotional materials;
• You agree not to post any private information of any third party;
• You agree not to use or attempt to use another's account without authorization.

E. Linked Sites

The Speakesy is not affiliated with third-party websites that may be linked to or from the Website. The Speakesy has no control over, and is not responsible for, the content on any linked site.

• Any linked sites are provided for User's convenience only;
• The Website and Content available through the Services may contain links to other websites which are completely independent of The Speakesy;
• The Speakesy makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site;
• Your linking to any other websites is at your own risk.

F. User Acknowledgement

• User is solely responsible for providing all hardware, telecommunications equipment, software and bandwidth that User requires to use the Services;
• Each use by User of the Website or the Services reaffirms User's acceptance of these Terms;
• You understand that The Speakesy does not control, and is not responsible for, Content made available through the Website or the Services;
• You acknowledge that The Speakesy does not pre-screen or approve Content, but that The Speakesy shall have the right to refuse, delete or remove any Content;
• You agree that you will only use the Services on an individual basis and for typical and reasonable uses;
• You agree that you will not "spam" the Services, overly burden our bandwidth or systems, or otherwise overuse the Services;
• The Speakesy reserves the right to throttle, curtail, terminate, or otherwise reduce the Services with respect to any user who overuses or over burdens the Services.

G. Indemnification

User hereby agrees to indemnify The Speakesy and hold it harmless from any and all third-party claims and expenses, including attorney's fees, arising from User's use of this Website and the Services or from User's breach of these Terms.

H. Disclaimer of Warranties

THE SPEAKESY ENTERTAINMENT PROVIDES THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

THE SPEAKESY ENTERTAINMENT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.

You understand and agree that you use the Website and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use.

UNDER NO CIRCUMSTANCES SHALL THE SPEAKESY ENTERTAINMENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER.

I. Termination

The Speakesy may terminate User's right to access the Services at any time, with or without cause, in The Speakesy's absolute discretion and with or without notice.

J. Arbitration/Law/Jurisdiction

You and The Speakesy agree that any and all disputes, controversies or claims arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to arbitration.

• The Tribunal will consist of one arbitrator;
• The language to be used in the arbitral proceedings will be English;
• The non-prevailing party in any arbitration shall be responsible for the prevailing party's costs, expenses, and reasonable attorney's fees;
• Any arbitration clause is governed by the Arbitration Laws of India;
• The remainder of the agreement is governed by the laws of India, excluding its conflicts of law rules;
• You and The Speakesy hereby agree to submit to the exclusive jurisdiction of the courts of India to resolve any legal matter arising from the Terms.

K. Miscellaneous

• This document constitutes the entire agreement between User and The Speakesy with respect to the Website and the Services;
• The Speakesy reserves the right to make changes to the Website and the Services at any time without notice to User;
• The waiver of any provision of these Terms shall not be considered a waiver of any other provision;
• No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement;
• If any part of this agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision;
• A printed version of this agreement shall be admissible in judicial, administrative, or arbitration proceedings.

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