DriveSafe.ly Terms of Service (“TOS”) and End User License Agreement (“EULA”) « DriveSafe.ly


DriveSafe.ly Terms of Service (“TOS”) and End User
License Agreement (“EULA”)

The Following Terms Covered in this Agreement Define the Customer’s Acceptable Use of DriveSafe.ly:

VERY IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY

Definitions:

The following Terms, expressions and acronyms shall have the following meanings:

Agreement: End User License Agreement; this agreement may be amended or renewed without notice at the sole discretion of iSpeech, Inc. The most current version of DriveSafe.ly EULA can be found here: http://www.DriveSafe.ly/TOS

Audio: The resulting audio file converted from text into speech by the iSpeech Platform

Carrier: Your mobile service, text message, email and data provider.  Ex. Verizon or AT&T

Customer: You are the customer and the sole user of DriveSafe.ly

DriveSafe.ly: Any version of a mobile application which runs on the Customer’s mobile or other electronic device capable of reading emails, text messages (SMS) or any other form of electronic message aloud to Customer through the use of the iSpeech Platform or other sanctioned software

Email: Electronic mail sent to your mobile phone

EULA: End User License Agreement also referred to as Agreement, License Agreement or License

iSpeech Platform: The service owned by iSpeech

Purchase Code: a unique code created by iSpeech, Inc which allows access to additional features of DriveSafe.ly.  Codes must be obtained through a means that is approved by iSpeech, Inc, such as purchasing the Code, obtaining a Promotional Code, or receiving a code from one of our third party partners or affiliates.

SMS: Text message or other message sent to your mobile phone

TOS: Terms of Service may also be referred to as Terms or Service Terms

Note: Our privacy policy can be found at the following URL: http://www.drivesafe.ly/privacy/

1. MOST IMPORTANT - DRIVESAFE.LY DOES NOT GUARANTEE YOUR SAFETY- iSpeech, Inc. is not responsible for the actions of any individual or any accident that results while using or attempting to use DriveSafe.ly software.  iSpeech, Inc. does not assert that using DriveSafe.ly actually prevents or decreases a user’s likelihood of being involved in a traffic or other accident.  DriveSafe.ly is to be used for productivity and entertainment purposes only.  iSpeech, Inc. makes no claim that DriveSafe.ly will keep You safe. iSpeech is not responsible for any personal physical, mental or spiritual injury, damage, health problem, chronic ailment, malady or any other property or personal injury or damage that may occur while using or attempting to use the software.  FAILURE OF THE SOFTWARE DOES NOT CONSTITUTE AN OPORTUNITY TO HOLD iSPEECH LIABLE FOR ANY DAMAGES.  THE USER AND THE USER ALONE IS RESPONSIBLE FOR THE CONSEQUENCES OF USING DRIVESAFE.LY

1a. Purchasing: a purchase of DriveSafe.ly is the purchase of a code called a “purchase code.” This code is tied to a unique device id upon its first use. A purchase code is a unique code that may be used on one phone at a time.

1b. Pricing: iSpeech may price DriveSafe.ly with monthly or annual subscription and/or one-time fee payment models. iSpeech suggested retail price for DriveSafe.ly Pro is $3.95 monthly or $39.95 annually. iSpeech suggested retail price for DriveSafe.ly Enterprise is $7.99 monthly or $79.90 annually. By signing up for a subscription, you agree to pay a recurring charge every 30 days for monthly subscription or every year for annual subscription until you cancel service. By purchasing a one-time payment option, you will only be charged one time, and your purchase code will be tied to the phone for the life of the phone. Pricing may change at any time without notice and customer is free to cancel at any time. iSpeech may discount this pricing at their sole discretion without notice. iSpeech may also offer discounted “Family Packs” and other quantity-based discounts. All prices are reflected in US dollars. Pricing may vary in different markets and at different times. iSpeech is not responsible for exchange rate fluctuations or fees that may increase or decrease the purchase price.

1c. Cancellation: you may cancel your subscription at any time. Your final payment after cancellation will not be prorated. Cancellation or non-payment will result in immediate termination of your account.

1d. No Refund: there are no refunds given or implied for the purchase of any iSpeech software including DriveSafe.ly.  iSpeech makes ample effort to allow evaluation with “free” versions of DriveSafe.ly, and thus the customer knows beforehand what he/she is purchasing.  There is no evaluation period for iSpeech software.  If you wish to evaluate DriveSafe.ly software, use the free version.

1e. DriveSafe.ly is a free application that can potentially saves lives, and the user (you) agrees to help promote our application in a positive manner by telling friends about our application.

We encourage Users (you) to become a fan of DriveSafe.ly on Facebook, follow us on Twitter and post comments on our fan page and/or tweet about the application and/or safe driving. Posts on our Facebook page, Tweets about us or blog posts that are advertisements, spam, include lewd content or are libelous toward our company will be removed immediately, and iSpeech reserves the right to pursue remedies and damages as a result of inflammatory comments.

If you do not agree to become our fan on Facebook, follow us on Twitter and/or spread the word about our application, please uncheck the box bellow that says “Facebook Fan DriveSafe.ly” and/or “Follow on Twitter”. If you accidentally fanned us on Facebook and/or followed us on Twitter and wish to remove yourself as a fan, you are free to remove yourself from our fan list and/or un-follow us on Twitter.

2. Eligibility: The iSpeech Platform is not available to persons under the age of 13 or to any users previously suspended or removed from the iSpeech Platform by iSpeech. BY DOWNLOADING, INSTALLING OR OTHERWISE USING DriveSafe.ly or THE iSpeech PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE iSpeech PLATFORM. The content on the iSpeech Platform is only available for personal, non-commercial use for end users only, any other use is prohibited.  Commercial use is allowed only with written permission from iSpeech, Inc.

3. License and Restriction: You do not own DriveSafe.ly software, the iSpeech Platform or any output from our software or platform.  You are licensed to use DriveSafe.ly for personal use strictly in the manner prescribed by this document.

3a. Grant of License: You are granted a non-exclusive right to use DriveSafe.ly through a mobile phone or iSpeech Approved electronic device only. 

3b. No Granting of Rights to Third-Parties: This license specifically prohibits You from downloading and selling, subletting or otherwise offering DriveSafe.ly on Your site or redistribution of DriveSafe.ly or any portion thereof in any manner and to any degree.  Torrents of DriveSafe.ly or iSpeech, Inc. software are expressly prohibited.  iSpeech, Inc. reserves the right to seek monetary damages, copyright infringement and/or prosecute any person or party who offers DriveSafe.ly for download in any way. 

3c. No Resale: Any transfer or resale of DriveSafe.ly is prohibited.  You may not use the audio files or other output from DriveSafe.ly for any purpose other than personal use.  You may not attempt to record the audio files in any manner, including with the device itself or with any third party software without the written permission of iSpeech, Inc.

3d. Limitations on Use: You may not install, copy, modify, or distribute DriveSafe.ly (electronically or otherwise) on Your computers, or make any copy, adaptation, transcription, or merge any portion thereof, except as expressly authorized by iSpeech, Inc. in a separate written agreement signed by ISpeech. You may not reverse assemble, reverse compile, or otherwise translate DriveSafe.ly. Your license to access DriveSafe.ly may not be transferred, leased, assigned, or sub-licensed without iSpeech’s prior written consent. If You copy or modify DriveSafe.ly in any way not expressly authorized by iSpeech, Your license is automatically terminated. You may not provide services to third parties using DriveSafe.ly. You may not distribute the audio files created using DriveSafe.ly.

3e. Exclusive Ownership: iSpeech shall have sole and exclusive ownership of DriveSafe.ly, in both object code and source code, all media and documentation relating to DriveSafe.ly, (including their development, or their operation, testing or use, and all reports and copies thereof), and all intellectual property rights associated therewith (including, without limitation, trademarks, rights to copyrights, trade secrets, or know-how).  Any and all intellectual property rights including trademarks, patents, the DriveSafe.ly Website, the iSpeech.org Website, promotional material, videos, audio files, presentations, marketing collateral, flyers, etc, shall remain the exclusive property of iSpeech, Inc.

3f. No Removal of Notices: You agree not to remove, alter, obscure or make unclear any notices or indications of the intellectual property rights of iSpeech, Inc. whether these notices are built in to applications, packaging, promotional material, Web content, or any other materials.

4. What You should expect from iSpeech, Inc. and DriveSafe.ly

4a. NO WARRANTY – AS IS: iSpeech, Inc. does not warrant DriveSafe.ly.  Since DriveSafe.ly performance is dependent on the user, his/her mobile phone and the carrier’s connection, iSpeech does not warrant that DriveSafe.ly will perform substantially in accordance with the end-user documentation.  iSpeech does not warrant that DriveSafe.ly or any iSpeech, Inc Software will be error-free in all circumstances.  iSpeech makes no claim guaranteeing the user will be able to communicate with the service without outages, disruptions, delays or other communication-related problems.  iSpeech does not guarantee that messages sent via the DriveSafe.ly will arrive at the correct destination or will be transcribed accurately.

4b. Utilization and Multiple-Platforms: iSpeech is not responsible for negative performance or battery drain resulting from the installation of the DriveSafe.ly application.  Since DriveSafe.ly is offered on multiple-platforms, iSpeech, Inc. does not guarantee DriveSafe.ly to work on all every platform that is called a supported platform.  Any claim that iSpeech supports a platform or a firmware is merely speculative.  We do not guarantee DriveSafe.ly will work on ANY supported platform or firmware.  This is because the platforms and firmware are NOT developed by iSpeech, Inc. and these platforms may be changed without our knowledge.

4c. Modification of Platform is At YOUR OWN RISK: In the event that DriveSafe.ly is not sanctioned by a platform, operating system or firmware, iSpeech, Inc. does NOT encourage the user to alter their device or platform in order to attempt to use DriveSafe.ly.  iSpeech is NOT liable for any damages that may result from a user changing, unlocking, “Jailbreaking” or otherwise altering their mobile device’s platform, operating systems, firmware or hardware.

4d. New Versions of DriveSafe.ly: iSpeech, Inc. reserves the right to add or remove functions, features, or to provide updates, upgrades, programming fixes, etc. to DriveSafe.ly.  iSpeech has no obligation to inform You of any changes made to DriveSafe.ly.  You may be required to enter a new agreement with iSpeech, Inc. to use a different version of DriveSafe.ly.

4e. Exclusion of Consequential Damages: In no event shall iSpeech be liable to You for any consequential, indirect, special, or incidental damages, even if iSpeech has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.

4f. Suspension or Termination of Services: iSpeech may in its sole discretion suspend and/or terminate Your ability to use DriveSafe.ly for any reason without notice. iSpeech may in its sole discretion suspend and/or terminate the ability to use any version of DriveSafe.ly in order to make system upgrades, do routine maintenance or  for any other reason.  iSpeech may disable previous or beta versions of the DriveSafe.ly software at any time and without notice.

4g. Forced Upgrade: iSpeech, Inc. may force an upgrade by discontinuing service or support to any version of its DriveSafe.ly software or the iSpeech Platform without notice.  If users wish to continue service they may optionally download the latest supported version of DriveSafe.ly

4h. Not For Emergency Use: DriveSafe.ly is not intended to be used to relay emergency messages of any kind. DriveSafe.ly makes no claim that it will work effectively in case of emergency.  DriveSafe.ly is not a replacement for any current emergency, automated emergency or other emergency or crisis telephone system, hardware or software.

4i. Acronym Translation Engine: The acronym translation engine merely converts common acronyms into the full phrases they represent, therefore, iSpeech, Inc. cannot be held accountable for anything read by the acronym engine.  If You do not wish to have Your acronyms read out as phrases, please disable the acronym setting.  Ex.  lol = Laugh out Loud.

5. What iSpeech, Inc. and DriveSafe.ly expect of You

5a. Use for Lawful Purposes ONLY: You agree to use DriveSafe.ly for lawful purposes only.  You may at no time or for any reason use any type of spider, malware, virus, worm, Trojan-horse, time-bomb, adware, Web service, telnet, console, decompiler, or any other software, hardware or combination thereof in order to reverse engineer, alter, distort, delete, launch a denial of service (DOS) attack, damage or interrupt DriveSafe.ly or iSpeech Platform services. You may not use any of the aforementioned methods to send any solicited or unsolicited messages, emails or other forms of communication to DriveSafe.ly users. 

5b. Representations: By agreeing to these Terms, You represent and warrant that You are authorized to enter into and comply to the entire agreement.  You also agree that at any and all times you will meet Your obligations as outlined in these Terms, as well as any laws, regulations, and polices that may supersede and/or apply to iSpeech, Inc. and/or DriveSafe.ly.

5c. Indemnification: You agree to indemnify, save, and hold iSpeech, its affiliated companies, contractors, employees, agents and its third party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the iSpeech Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. iSpeech reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify iSpeech, and you agree to cooperate with iSpeech's defense of these claims.  iSpeech will use efforts it deems reasonable to notify you of any such claim, action, or proceeding upon becoming aware of it.

5d. Utilization of Your Mobile Device and/or Computer: In the case that Your use of DriveSafe.ly is dependent on a mobile device, computer or other device which is owned by a third party, you agree to obtain the consent of that third party.  By accepting this agreement, you represent and warrant that you have already obtained such consent.

5e. Export Restrictions: You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Agreement are contingent on your compliance with this provision.

5e. Use While Driving Only: DriveSafe.ly is only meant for use while You are driving.  You agree not to let DriveSafe.ly run while You are not driving.  This practice may adversely affect battery life and performance for You and other users.  You agree not to abuse DriveSafe.ly by keeping it enabled when You are not driving a motor vehicle.  If You are suspected of abusing DriveSafe.ly, iSpeech, Inc. reserves the right to terminate Your service, ban Your unique identifier and/or ban Your purchase code without further recourse and without refunding Your purchase.

5f. Consequences of Use: You agree that iSpeech, Inc. will not be held responsible for any consequences resulting from the use, misuse or attempted use of DriveSafe.ly.  You will not hold iSpeech responsible for DriveSafe.ly reading any of Your messages aloud.  You will not hold iSpeech responsible for any monetary or emotional loss resulting from DriveSafe.ly reading a message aloud,  a spouse or significant other’s reaction to a message or any secret or confidential information uttered by the program when You are in the presence of others.

5g. Data Loss and Security: While iSpeech takes measures to help reduce the risk of data loss and/or security breach, You agree that iSpeech will not be held responsible for the loss of any data or the unauthorized transfer of Your personal information to hackers, crackers or individuals using packet sniffers to reconstruct data.  You must agree that any data, encrypted or unencrypted sent over the Internet is never guaranteed by iSpeech to be secure.

5h. Offensive Content: You recognize that You are responsible for the content that is converted into speech by DriveSafe.ly.  iSpeech does not create the content of the audio played aloud by DriveSafe.ly, therefore, You agree that iSpeech, Inc. will not be held responsible for any offensive, hateful, lewd, racist, politically incorrect, sexually explicit, libelous or otherwise undesirable text or audio content.  The content read by DriveSafe.ly is provided through Your mobile carrier by way of text message (SMS), email and/or other electronic messages. iSpeech is not responsible for any content read by our software or for the content of any of our sponsor’s messages.  You may also not use DriveSafe.ly software to expose any minors or ANY willing or unwilling third parties to offensive content.

5i. Carrier Charges: You recognize that You are responsible for paying all roaming charges, data charges, text message (SMS) charges, plan charges, overage charges and any other possible charges that result because of the use of DriveSafe.ly. You agree to pay all charges to your Carrier and that iSpeech is NOT responsible for paying any charges from your Carrier.

5j. Sponsor Messages: By using a free version of DriveSafe.ly, you agree to listen to each of our supporter’s messages that are sent to the phone.  You agree not to circumvent DriveSafe.ly by removing or obscuring the sponsor’s message.

6. Term, Termination and Updates

6a. Term: This agreement is effective as of the Effective Date and will remain in effect until terminated either by iSpeech, Inc., or You.  Any additional Terms will be effective as of the date on which they are accepted by You, or when you use DriveSafe.ly.  Using DriveSafe.ly constitutes your acceptance of any and all Terms set out by iSpeech, Inc.

6b. Termination: You agree that iSpeech, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with iSpeech or your use of DriveSafe.ly and/or the iSpeech Platform and remove and discard all or any part of your account, User profile, and any User Content, at any time. iSpeech may also in its sole discretion and at any time discontinue providing access to the iSpeech Platform, or any part thereof, with or without notice. You agree that any termination of your access to the iSpeech Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that iSpeech will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies iSpeech may have at law or in equity. As discussed herein, iSpeech does not permit copyright infringing activities on the iSpeech Platform, and will terminate access to the iSpeech Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.

7. Disclaimers; No Warranties

7a. No Warranties: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, iSpeech, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iSPEECH OR THROUGH THE iSPEECH PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THE TERM iSpeech INCLUDES iSPEECH'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

7b. "As is" and "As available" and "With All Faults": YOU EXPRESSLY AGREE THAT THE USE OF THE iSPEECH PLATFORM IS AT YOUR SOLE RISK. THE iSpeech PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE iSPEECH PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

7c. Platform Operation and User Content: iSpeech, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE iSPEECH PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

7d. Accuracy: iSPEECH, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF DRIVESAFE.LY or THE iSPEECH PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

7e. Harm to Your Mobile Device or Computer: YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE iSPEECH PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

8: Limitation of Liability and Damages

8a. Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL iSpeech OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE iSpeech PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH iSPEECH, EVEN IF iSpeech OR AN iSPEECH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8b. Limitation of Damages: IN NO EVENT WILL iSPEECH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE iSpeech PLATFORM OR YOUR INTERACTION WITH OTHER iSPEECH PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE iSpeech PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

8c. Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT iSPEECH HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND iSPEECH, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND iSPEECH. iSPEECH WOULD NOT BE ABLE TO PROVIDE THE iSPEECH PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

8d. Limitations by Applicable Law: CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

8e. Waiver: The failure of iSpeech to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by iSpeech.

9. Miscellaneous

9a. Modification of this End User License Agreement: iSpeech reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check these Terms and any Guidelines periodically for changes. You may find them at http://www.DriveSafe.ly/TOS Your continued use of the iSpeech Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended Terms will automatically be effective thirty days after they are initially posted on the iSpeech.org and/or DriveSafe.ly website. We will always make a reasonable effort to notify You if we do change the Agreement.

9b. Prevention of Unauthorized Use: iSpeech reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the iSpeech Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

9c. Reservation of Rights: iSpeech Reserves all rights not expressly granted in this Terms of Use.




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