say it labs' terms and conditions

Last Updated: 11/15/2019

Please read these Terms of Use (“Terms”) carefully. These Terms set forth a legally binding agreement between you and SAY IT Labs BV, a limited liability company registered under Belgian law (VAT: BE 0721.671.486) (“SAY IT Labs”, “we”, or “us”), and govern your use of or of any online service location (e.g., website, browser application) that posts a link to these Terms and your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through our online service locations that post a link to these Terms (the “Service”). By using the Service, you acknowledge and accept these Terms, and consent to the collection, use, and sharing of your data and other activities as described in the Service’s Privacy Policy.

In some instances, such as when SAY IT Labs offers contests, sweepstakes, giveaways, and other promotions, additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Service.

These Terms are subject to change without notice. When such a change is made, we will update the “Last Updated” date at the top of this page. Your use of the Service following any such change constitutes your agreement to follow and be bound by updated Terms.

1. Your Use of the Service

A. Creating an Account on the Service.

When you register for an account on the Service, and each time you log in to the Service thereafter, you agree:

  • To these Terms and consent to our collection, use, and disclosure practices, and other activities as described in the Privacy Policy;
  • You will provide and keep accurate, current, and complete information about yourself;
  • You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
  • You will abide by the use restrictions set out in these Terms;
  • You are solely responsible for maintaining the confidentiality of your Service access credentials and you will not share your credentials with any third party;
  • You will immediately notify us here if your credentials are compromised or of any unauthorized use of your account;
  • You will not sell, transfer, or assign your account or any account privileges; and
  • We will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

B. Content

The Service may contain (i) materials and other items relating to SAY IT Labs and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Service such as the selection, compilation, assembly, arrangement, and enhancement of the Service; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of SAY IT Labs; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Content available via the Service is the property of SAY IT Labs, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

C. Service Content Accuracy

SAY IT Labs will use reasonable efforts to include accurate and current information on the service, but there may be occasions when information on the service contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. SAY IT Labs reserves the right to correct any errors and to update Service information at any time. We apologize for any inconvenience such errors may cause you.

D. Limited License

Subject to your strict compliance with these Terms, SAY IT Labs grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the content on a personal device, and retain one copy of the content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any content and may be immediately suspended or terminated for any reason, in SAY IT Labs’s sole discretion, and without advance notice or liability. Your unauthorized use of the content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

E. Restrictions

For Direct Access, we rely on consent from an individual with parental authority as the legal basis for processing data where the data subject is a child. We have our own clear parental consent mechanisms and verification processes in place and you can withdraw your consent as outlined below. For Indirect Access, we require any third parties using our services to ensure that the relevant parental consents are in place before they send any voice data to our services. We process de-identified voice data for the legitimate interest purposes of improving the Services as outlined in this statement. Your rights and the mechanisms for objecting to this type of processing of data are clearly outlined below.

We respect the role of parents or guardians in the monitoring of their children’s online activities. Accordingly, we limit our collection of personal information from children to no more than is reasonably necessary to participate in the Services and to improve it going forward. We do not collect any personal information from children other than as set out in this privacy policy. At any time parents or guardians can contact us and request the deletion of any personal information of their child which we store.

We collect Recordings from children which are captured when children interact with the Services depending upon the particular application being used. We may use, store, process and transcribe Recordings in order to provide and maintain the Services, to perform, test or improve our own/proprietary speech recognition technology and artificial intelligence algorithms, or for other research and development and data analysis purposes. Additionally, these recordings may be listened to by human ears for the specific purpose of generating transcriptions or labelling data. We do not share the recordings, or any data generated by the recordings, with any third parties for any purpose other than those described above.

F. Reservation of All Rights

All rights not expressly granted to you are reserved by SAY IT Labs and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Service for any purpose is prohibited.

2. Submissions

You may be able to submit certain content to us through the Service, including in-time or prerecorded voice recordings and feedback or comments to us regarding your use of the Service (“Submissions”). You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name in connection with your Submissions and derivatives thereof. You agree to waive any moral rights that you may have in any Submission, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.

Each time you submit any Submission, you represent and warrant that you have confirmed the accuracy of the Submission and that: • If a Submission, such as a voice recording, contains information about another individual, such as their voice, you have obtained their consent to create the Submission and to submit the Submission, pursuant to our Privacy Policy; • You are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the Submission and grant SAY IT Labs such rights therein; • The Submission does not and, as to SAY IT Labs’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; • The Submission will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person; • You are not impersonating any other person, user, or company; and • You will not submit Submissions that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresent your identity or affiliation with a person or company.

3. Restrictions and Prohibited Uses

You agree that, except as otherwise authorized, you will not:

  • Use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products);
  • Engage in any activities through or in connection with the Service that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to SAY IT Labs;
  • Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Service by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Service;
  • Engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, SAY IT Labs, or other users of the Service;
  • Interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Service or the Content;
  • Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, without the express consent of such users);
  • Attempt to gain unauthorized access to the Service, or other computer systems or networks connected to the Service;
  • Use the Service to transmit information that is in any way false, fraudulent, or misleading;
  • Otherwise violate these Terms.

With respect to Content use restrictions, you will not:

  • Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
  • Frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout);
  • Remove any copyright and other intellectual property notices contained in such Content;
  • Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of SAY IT Labs; or
  • Insert any code or product to manipulate such Content in any way that adversely affects the Service.

SAY IT Labs in its sole discretion and without advance notice, may immediately suspend or terminate the availability of the Service and/or Content (and any elements or features of the same), in whole or in part, for any reason and without liability.

4. Third-Party Interactions

A. Third-Party Content and Services

The Service may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by SAY IT Labs. Any interactions, transactions, or other dealings that you engage in with any third parties found on or through the Service are solely between you and the third party.

By using the Service, you acknowledge and agree that SAY IT Labs is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify SAY IT Labs against all claims, injury, and/or damages arising out of your use of any third-party service.

B. Business Transactions

We reserve the right to transfer any information we obtain through the Service in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).

5. Limitation of liability

In no event will say it labs, or its affiliates, officers, directors, consultants, agents, and/or employees (collectively, “say it labs”), or any third-party provider of a service, tool, or product offered through or in connection with the service (each a “third-party provider”), be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) our service, (b) these terms, (c) any breach of these terms by you or a third party, (d) use of the services, tools, or services we provide, or any thirdparty provider provides, related to the business we operate on the service, by you or any third party, (e) your failure to keep your service access credentials secure and confidential, (f) the cost of procurement of substitute goods or services resulting from any goods, data,

Information, or services purchased or obtained or messages received or transactions entered into through, or in connection with, the service, and/or (g) interaction between our service and any third-party service, by a tool or service on our service. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.

6. Disclaimers

As permitted by applicable law, your access to and use of the service is at your sole risk and the service is provided on an “as is”, “as available”, and “with all faults” basis. Except as specifically provided herein, or as otherwise required by applicable law, SAY IT Labs makes no representations or warranties of any kind whatsoever, express or implied, in connection with or otherwise related to the service or, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the service or any linked service. Further, we expressly disclaim any express or implied warranties, including, without limitation, noninfringement, merchantability, fitness for a particular purpose, or accuracy. We do not warrant that the functionality of the service or any materials or content contained therein, will be uninterrupted or error free, that defects will be corrected, or that the service is free of viruses, malicious software, or other harmful components.

You acknowledge and agree that any transmission to and from this service is not confidential and your communications or personal information may be read or intercepted by others. You further acknowledge and agree that by submitting communications or other content to us and/or by posting information on the service no confidential, fiduciary, contractually implied, or other relationship is created between you and SAY IT Labs other than pursuant to these terms.

7. Indemnification

You agree to defend, indemnify, and hold harmless SAY IT Labs from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your use of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. SAY IT Labs reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of SAY IT Labs and you agree to cooperate with our defense of any such claim.

8. Dispute Resolution

This agreement is governed by the Belgian law. The customer and user of the website and webshop accepts the jurisdiction of the Leuven Courts. If a provision of these terms and conditions is invalid, the validity of the remaining provisions shall remain unaffected.

9. Complete Agreement and Severability

Unless otherwise specified, these Terms constitute the entire agreement between you and SAY IT Labs. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of SAY IT Labs to act with respect to a breach by you or others does not waive SAY IT Labs’ right to act with respect to subsequent or similar breaches. SAY IT Labs’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10. Investigations; Cooperation with Law Enforcement

SAY IT Labs reserves the right to investigate and prosecute any suspected or actual violations of these Terms. SAY IT Labs may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

11. Contact Us

Any questions regarding these Terms may be directed to:

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