Terms of Service for USpeak AI

Welcome to USpeak AI. These Terms of Service ("Terms") govern your use of the USpeak AI website and services (collectively, the "Services"), provided by USpeak ("we," "us," or "our"). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. Description of Services

USpeak AI is a service that allows users to record their spoken responses to various prompts and receive automated, AI-generated feedback on their performance, including but not limited to grammar, vocabulary, pronunciation, and fluency. The feedback is intended for educational and practice purposes only and is not a guarantee of performance on any official test.

2. User Accounts

To access most features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Promptly notify us if you discover or otherwise suspect any security breaches related to the Services.

You are responsible for all activities that occur under your account.

3. User Conduct and Responsibilities

You agree not to use the Services to:

• Upload, record, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Violate any applicable local, state, national, or international law.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks.

4. Subscriptions and Payments

Certain features of the Services may require a subscription or payment.

• Billing: We use a third-party payment processor to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor.
• Subscription Renewal: Subscriptions may automatically renew unless you cancel your subscription through your account settings before the end of the current subscription period.
• Refunds: Payments are non-refundable except as required by law or as explicitly stated in our refund policy.

5. Intellectual Property

5.1. Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by USpeak, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws.

5.2. Your Content

You retain ownership of the audio recordings and any other content you submit to the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business, including for the purpose of improving our AI models. This license is perpetual and irrevocable, even after you stop using the Services, but will be subject to the anonymization commitments in our Privacy Policy.

6. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE FEEDBACK PROVIDED WILL BE 100% ACCURATE OR COMPLETE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL USPEAK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

7. Indemnification

You agree to defend, indemnify, and hold harmless USpeak, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

8. Termination

We may terminate or suspend your access to the Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which USpeak is based, without regard to its conflict of law provisions.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Contact Us

If you have any questions about these Terms, please contact us at support@uspeak.io.