These Terms govern the access to and use of this site (“Site
”) and uSpeek, provided by www.uSpeeknow.com
so please carefully read them before using this Site or uSpeek.
In order to use uSpeek and the Site, you must first register with us through our on-line registration process on the Site or through mobile application. Regardless of how you decide to use the Site and uSpeek, your conduct is governed by these Terms.
Words capitalized but not defined herein shall have the meanings ascribed to them below:
- “Access Request”: the application filled when first accessing the Site, the information provided in the Access Request will be part of your Client Profile with uSpeek;
- “Account”: an account established by uSpeek in a Client’s or User’s name for the use of the Site and uSpeek;
- “Subscription Period”: a term of one full month during which a Client or User benefits from certain usetime limits for use of the Site and uSpeek. The start date of a Client’s first Subscription Period is the start date of the Client’s Subscription Term. Each Subscription Period then ends, and a new Subscription Period begins, successively on the same calendar day of the then immediately following calendar month (subject to customary modifications for the month of February), until the Subscription Term is complete;
- “Client”: the beneficiary of the Subscription Period as identified in the Client Profile;
- “Client Profile”: the Data provided by you (User) at the time you signed up to the Site or provided at any time thereafter, including information in your Access Request or provided on first login to complete your sign up;
- “Results”: any information made available to a Client or User in respect of Uploads submitted by such Client or User to uSpeek;
- “Subscription Term”: (a) three, six, nine and twelve i.e, Subscription Periods) for Subscription Period.
- “Uploads”: any still image or videos – and any information, materials and files contained within or associated with such still images and videos – that are uploaded into this Site or uSpeek;
- “uSpeek”: “us,” “we” or “our” www.uSpeeknow.com and https://myjen.ai/;
- “uSpeek”: the technology owned by Myjen Ai Private Limited and used on the Site;
- “You” or “your”: the user of the Site or client.
1. Use of the Site and uSpeek and Representations
When you use this Site and uSpeek,
- (a) you agree to the Terms and Conditions;
- (b) the information you submit is truthful and accurate;
- (c) you will update your contact information if it changes so that we can contact you;
- (d) your use of this Site and uSpeek does not and will not violate any applicable laws or regulations;
- (e) you are at least 18 years of age;
- (f) you will comply with the rules for on-line conduct, submitting Uploads (as set out in Section 2 below) and use of this Site and uSpeek;
- (g) you will comply with all local rules regarding on-line conduct and the Uploads
- (h) you will not use the Site, uSpeek or the Results to generate datasets for the purpose of building or training models;
- (i) you will not develop products, platforms, services or applications of any kind derived from or using the Site, uSpeek, the Results or any other proprietary information of uSpeek,; and
- (j) you will not integrate or use the Results in or with any products, platforms, services or applications.
You will not use the Site or uSpeek for any unauthorized purpose.
You will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.
uSpeek and the Site will continue to change over time as we refine and add more features to it. Such modifications may be made at any time without prior notice to you. We may also remove any content, materials, Uploads and Results from the Site or our servers at our discretion.
2 Rules Governing Uploads
2.1. Your Representations and Warranties in Respect of your Uploads.
By using this Site you may provide us with Uploads. When you create or submit your Uploads to us, you represent and warrant, on your behalf, that you:
(a) own or have sufficient rights to submit your Uploads on or through the Site and uSpeek;
- (b) will not copy, upload, download, or share files unless you have the right to do so;
- (c) will not submit Uploads that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including, without limitation, copyrights) or contract rights;
- (d) have fully complied with any third-party licenses relating to your Uploads, agree to pay all royalties, fees and any other monies owning any person relating to Uploads that you submitted to or through the Site or uSpeek;
- (e) will not submit any Upload that:
- is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, threatening, excessively violent, harassing, or otherwise objectionable;
- incites, encourages or threatens immediate physical harm against another, including but not limited to, Uploads that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contains material that solicits personal information from anyone under 18 or exploits anyone in a sexual or violent manner;
3. Uploads: Your Ownership and Grant of Licenses.
3.1. Your Ownership of Uploads.
You retain full ownership to each Upload. uSpeek does not claim any ownership to any of it. These Terms do not grant uSpeek any rights to your Uploads or intellectual property, except for the limited rights that are explained in these Terms.
- 3.2. Grant of Licenses to uSpeek.
By using this Site and uSpeek, you grant uSpeek non-exclusive, fully-paid, irrevocable, transferable, sub-licensable licenses to access, review, use, copy, modify, create derivative works of, reproduce and analyse (“Process”) your Uploads to allow uSpeek to improve uSpeek and provide services to you.
Specifically, in respect of each of your Uploads, you irrevocably allow uSpeek:
(a) to Process such Upload through machine learning, algorithmic optimization, human analysis, and similar approaches to produce the Results; and
(b) to Process such Upload for the sole purpose of improving uSpeek through machine learning, algorithmic optimization, human analysis, and similar approaches.
uSpeek Grant of Licenses.
4.1. Ownership of Results
uSpeek owns all right, title, copyright, and other intellectual property rights and interest in the Results, as well as any documentation and copies thereof. You agree not to alter, change and modify the results derived by uSpeek in any manner whatsoever. uSpeek grants rights to the User or Client to upload and publish the derivate results on social media platforms like Facebook, Instagram, Twitter and the likewise.
4.2. Using Results to Improve uSpeek.
uSpeek reserves the right to access, review, use, copy, modify, create derivative works of, reproduce and process Results for the purpose of improving uSpeek through machine learning, algorithmic optimization, human analysis, and similar approaches.
4.3. Ownership of Site, uSpeek, Trademarks, Logos.
All of the content on the Site and uSpeek, the trademarks, service marks, and logos contained on the Site and uSpeek (collectively, the “Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Materials.
These Terms do not grant you any rights to use the uSpeek trademarks, logos, domain names, or other brand features.
4.4. No Adversarial Assertions.
You agree not to assert against uSpeek any claim, action or proceeding for infringement of any intellectual property rights.
5. Assignment of Feedback to uSpeek
While we appreciate it when you send us feedback, please be aware that we may use any feedback, comments, or suggestions you or post in our forums without any obligation to you. By submitting a comment or feedback to us, you hereby assign and shall assign to us all of your right, title and interest in and to all such comments and feedback.
6. Use and Protection of Username and other credentials; Account Security.
You, and not uSpeek, are responsible for maintaining and protecting your Account. uSpeek will not be liable for any loss or corruption of your Uploads or Results or for any costs or expenses associated with backing up or restoring any thereof. You are responsible for safeguarding the password that you use to access the Site and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorized that activity. You should immediately notify uSpeek of any unauthorized use of your Account.
7. Fees and Payments.
7.1. Subscription Periods; Consuming Usetime Limits.
Depending on the category of your subscription, in respect of each individual Subscription Period, you benefit from certain use time (“Usetime”) limits for Uploads and Results.
When a Subscription Period ends, and a new Accounting Period begins, your Usetime limits are automatically reset to maximum availability.
7.2. Fee Increases.
uSpeek, in its discretion, reserves the right to increase Subscription Fees or any other fee at any time, provided that uSpeek will not increase Subscription Fees for an already existing purchased subscription.
You acknowledge that uSpeek may, from time to time, add additional features or functionalities to the Site or uSpeek that uSpeek does not make generally available without payment of additional fees, and that your access to and use of such additional features and functionalities may require payment by you of additional fees.
7.3. Payment Terms.
Please note that:
(a) Fees are quoted and payable in INR for Indian clients and USD for overseas clients;
- (b) Subscription Fees are based on the quoted fixed price and not actual usage; and
- (c) Your obligation to pay all fees is non-cancellable and fees paid are non-refundable.
We will require and process your payment via our third party credit/ debit card processor, net-banking (Online bank transfer, UPI) and wallet payments (Google Pay, Paytm etc.) and you authorize uSpeek and our third party credit/ debit card processor to charge your credit/debit card the applicable fees, including the Subscription Fees covering the initial subscription term and any renewal subscription terms. You are responsible for providing us with complete and accurate billing and contact information and for notifying us of any changes to such information.
All fees are due prior to commencement of the applicable Subscription Term. If your credit/debit card is denied or charged back to uSpeek or our third party payment processor, uSpeek may immediately suspend your access to the Site and uSpeek until payment of any outstanding fees is made.
Unless otherwise stated, the fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including any value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (“Taxes”).
Client or User is responsible for paying all Taxes (except those to be borne by uSpeek) associated with the use of the Site or uSpeek, and will pay, indemnify and hold uSpeek harmless from any Taxes and any costs associated with the collection or withholding thereof, including penalties and interest. If uSpeek has the legal obligation to pay or collect Taxes for which you are responsible under this provision, the appropriate amount shall be invoiced to and paid by you unless you provide uSpeek with a valid Tax exemption certificate authorized by the appropriate taxing authority.
8. Our Management of the Site and uSpeek Misconduct.
- 8.1. Our Site Management.
We may, but are not required to: (a) monitor or review the Site (including content) for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Uploads that may violate these Terms, the law or any of our policies or are excessive in size or burdensome without prior notice to you; or (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site.
- 8.2. Our Right To Terminate Use.
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and uSpeek to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation.
9. Other Content.
The Site or uSpeek may contain links to third-party website or resources (“Third Party Site”). uSpeek does not own or operate these Third Party Sites, and we do not endorse any Third Party Site or any materials, opinions, goods or services available on them. Third party materials that are accessed through or used by means of the Third Party Site may also be protected by copyright and other intellectual property laws. We have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. We are not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
You are bound by AWS Service Terms, available at https://aws.amazon.com/service-terms/
You are bound by YouTube Terms of Service, available at https://www.youtube.com/static?template=terms
You are bound by Google’s Terms of Services, available at https://policies.google.com/terms?hl=en
10. Term, Termination and Survival.
- 10.1. General
These Terms shall remain in full force and effect while you use the Site or uSpeek. You can stop using our Site and uSpeek any time and for any reason. We reserve the right to suspend or end the Site or uSpeek, or your use of the Site and uSpeek at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Site or uSpeek in any way that would cause us legal liability or disrupt others’ use of the Site or uSpeek. Upon termination of your Account for any reason, we will close your Account, and you will no longer be able to retrieve materials contained in the Account. The following sections will survive any termination of these Terms: 1 to 3, 4.2 to 4.4, 5, 6 and 8 to 16.
uSpeek shall have no obligation to continue to store or permit you to retrieve any of your Uploads or Results following termination of this Agreement.
- 10.2.Effect Of Termination.
Upon any expiration or termination of this Agreement:
(a) your right to use the Site and uSpeek shall cease, and uSpeek shall have no further obligation to make the Site and uSpeek available to you;
- (b) except as otherwise expressly stated herein, all rights granted to you under this Agreement will immediately cease;
- (c) uSpeek will have no obligation with respect to any of your Uploads or Results; and
- (d) you will pay any unpaid fees payable for the remainder of the then-current term in effect prior to the termination date.
11. Choice of Law and Forum.
You, and uSpeek agree to submit to the exclusive jurisdiction of the courts located in Haryana & New Delhi, India. You and uSpeek further agree that any disputes shall be resolved under the substantive laws of India.
12. uSpeek is Available “AS-IS”.
USPEEK, THE SITE, AND ALL UPLOADS, MATERIALS OR ITEMS PROVIDED THROUGH THE SITE AND USPEEK ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE AND USPEEK, WE DO NOT REPRESENT OR IMPLY THAT WE RECOMMEND ANY UPLOADS OR ANY OTHER MATERIALS OR ITEMS MADE AVAILABLE ON OR LINKED TO BY THE SITE OR USPEEK, OR THAT WE BELIEVE UPLOADS, RESULTS OR ANY OTHER MATERIALS OR ITEMS ARE PRECISE, USEFUL OR NON-HARMFUL. WE CANNOT PROMISE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR USPEEK. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR USPEEK SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SITE AND USPEEK ARE AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, USPEEK AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE OR USPEEK AND YOUR USE THEREOF.
USPEEK AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS SITE CONTENT, CONTRIBUTIONS, INFORMATION, UPLOADS, RESULTS OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. USPEEK AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, CONTRIBUTIONS, UPLOADS, RESULTS AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, USPEEK, THE RESULTS OR THE DERIVATIVE WORK, (C) ANY ILLEGAL OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, USPEEK OR SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR USPEEK, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR USPEEK BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTRIBUTIONS, CONTENT, RESULT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, CONTRIBUTIONS, UPLOADS, RESULTS OR MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR USPEEK.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL USPEEK AND EACH OF ITS AFFILIATES AND THEIR LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT USPEEK HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ANY LOSS OR DAMAGE SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, USPEEK UPLOADS OR RESULTS, WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO USPEEK FOR THE PAST THREE MONTHS FOR YOUR SUBSCRIPTION.
You agree to indemnify and hold uSpeek and each of its affiliates and their licensors, suppliers, officers, directors, employees, agents, service providers and other contractors, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Uploads you post to the Site or uSpeek, your use of the Site or uSpeek and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.
We may modify these Terms from time to time, without notice. Your continued use of the Site and uSpeek constitutes your consent to such changes. PLEASE READ THESE TERMS CAREFULLY AND CHECK THESE TERMS PERIODICALLY FOR ANY CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR USPEEK.
16. Miscellaneous Terms.
16.1. Entire Agreement.
These Terms constitute the entire and exclusive agreement between you and uSpeek with respect to the Site and uSpeek, and supersede and replace any other prior or contemporaneous agreements, terms and conditions applicable to the uSpeek.
- 16.2. No Waiver.
uSpeek’s failure to enforce a provision is not a waiver of its right to do so later.
- 16.3. Severability.
If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
- 16.4. No Assignment.
You may not assign any of your rights in these Terms, and any such attempt is void, but uSpeek may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with uSpeek.
- 16.5. Notices.
Any notice or communication required or permitted to be given hereunder must be in writing, signed or authorized by the party giving notice, and may be: (a) delivered by hand, deposited with an overnight courier; (b) sent by confirmed email or confirmed duplicate (except that neither email nor duplicate shall be deemed sufficient for notices of breach, termination, or an indemnifiable claim); or (c) mailed by registered mail, return receipt requested, postage prepaid, to the following:
(i) In your case, to the address, mail address and/or facsimile contact information set forth within the Access Request; and
- (ii) In the case of uSpeek to B-120, Sarvodaya Enclave, Ground Floor, New Delhi-110017, India and Email to: customercare@uSpeek.com