PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR APPLICATION.
NiNiSpeech Ltd., an Israeli company limited by shares, with its principal offices in Haifa, Israel and its subsidiary AmplioSpeech Inc., a company incorporated in Delaware, USA (“we” or “us” or “our”), provides you with our software for computer, laptop, tablet or mobile devices (the “Application”), under these Terms and Conditions (this “Agreement”). By using the Application and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Application and should un-install from your device.
Application Name and Brand
The Application may be branded as “NiNiSpeech”, “NiNi”, “AmplioSpeech” or “Amplio”, and represent itself in application stores, web pages or other places under these brands.
The Application may be offered directly by us, or by our subsidiaries, partners or affiliates.
Use of and access to the Application is void where prohibited. By accessing and using the Application, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Application will comply with and does not violate any applicable law, regulation, order or guideline.
Modifications of this Agreement
We reserve the right to update or modify this Agreement, at any time and for any reason, without prior notice; the most up-to-date version of this Agreement shall be posted on our site at www.ninispeech.com/terms and/or www.ampliospeech.com/terms and shall be binding on your use of the Application. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by this Agreement, as amended from time to time. We encourage you to periodically review the most up-to-date version of this Agreement.
Your use of any aspect of the Application is at your own risk. You must consult with qualified healthcare providers and make your health decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through using the Application.
Requirements for Use
In order to use the Application, you must have compatible devices, access to the Internet and data services, and certain necessary software. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated fees, charges or expenses.
Use of the Application
The Application is intended to be used as a tool for mediating Speech-Language Therapy by qualified Speech-Language Pathologists (SLP), and serves as a mean for practicing Speech-Language assignments. It provides general measurement of some speech-language qualities. The Application measures the parameters it was designed to measure, which are merely speech-language qualities, and do not necessary reflect good or bad speech or language. The Application displays these measurements as a tool for practicing your speech, if you find that it helps you. You should not and must not rely on the Application as your primary tool for determining your speech-language capabilities. As further described under “Technology; Support” below, the Application might not function as intended. Specifically, the Application will not function properly if your device is broken or powered off, if the Application software is not enabled or if any hardware or software on your device prevents the Application from operating as intended. The maintenance of your mobile device is your responsibility.
Use of Voice Recordings
The Application records your speech when in use. These voice recordings are uploaded to our cloud-based repository. We may use the recordings for purposes of manual and automatic Analysis within our facilities and IT systems, or by speech-language professionals. We may also use the recordings for promoting its concepts without providing personally identifiable information about you.
The content of the recordings is fully at your discretion. We do not filter the content.
Note that when you speak while the Application is in use all voice in your environment is recorded and shared with us.
You confirm that by entering a practice or therapy session, the Application will connect you with a SLP or with a random Trainer, for a video call, during which your voice will be recorded and analyzed by the Application. When you are logged in, there is also the possibility that SLP or trainer will contact you for a video call. You are not obligated to accept the video call, and if you do, then you will, at all times, have the ability to end the video call if you feel that it is not suitable for you for any reason. The recordings of the video call you made shall be saved on our databases.
You may register to use the Application by providing your name and e-mail. We may change the method of registration at our discretion. We might refuse to allow any user to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Application, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide us with, or for your failure to keep such information up-to-date.
Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account or if you or anyone using your account violates this Agreement. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Application and/or in breach of this Agreement, and you agree to indemnify and hold us harmless for any improper or illegal use of the Application and/or breach of this Agreement.
Termination of Account
We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of this Agreement, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, and the community ethos of our Application, or our business interests. In the event that we terminate your account, you may not register for the Application again without our express written permission. If you believe that any action has been taken against your account in error, please contact us.
In addition, if we believe, in our sole discretion, that a breach of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Application. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.
You may request termination of your account at any time and for any reason by sending us an e-mail to the following address firstname.lastname@example.org and/or email@example.com. Any suspension or termination of your account shall not affect your obligations under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their nature are intended to survive the suspension or termination of your account.
We do not warrant or guarantee that the Application will function fully on your device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, including but not limited to the non-delivery of any alerts or notifications, messages that do not arrive to the Application, recordings not being uploaded to the databases, statistics not updated between the cloud and the Application and friend requests that are not arriving.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, content, including software, text, graphics, links, or communications provided on or through the use of the Application.
We have no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.
Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.
If you submit any information to us through or related to the Application or send us any business information, feedback, idea, concept or invention to us by e-mail, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
You further agree that:
- you will not reproduce, duplicate, copy, sell, resell, or exploit the Application, its content, its software or any portion of any of the foregoing;
- you will not use the Application for any purpose in violation of local, state, national or international laws;
- you will not solicit another person’s password or personal information under false pretenses;
- you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;
- you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;
- you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
- you will not post or transmit any content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and
- you will not post or transmit any content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Application).
You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security will result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement, or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Application, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the Application for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the Application available for use by others on multiple devices simultaneously. Under the above license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the Application, you may not:
- lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the Application or the right to download or use the Application;
- use the Application for any commercial purpose or for any commercial or non-commercial public display;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the Application, any Application updates, or any part of the Application or updates, or attempt to do any of the foregoing;
- copy, modify or create derivative works of the Application, Documentation, any Application or Documentation updates or any part of the Application, Documentation or updates;
- remove any copyright or other proprietary notices from the Application, Documentation, part of the Application or from the Site;
- transfer the Content or materials from the Application or Site to anyone else or “mirror” the same on any server;
- circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content;
- use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application;
- harvest, collect or mine information about other users of the Application;
- post or transmit any virus, worm Trojan horse or other harmful or disruptive element; or
- violate any applicable law, rule or regulation.
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
We own the Application, including any material or content made available through the Application, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Application infringes their rights under US copyright law. We accept no responsibility or liability for any material provided or posted by a user. If you believe that something appearing on the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked to the following email address: firstname.lastname@example.org and/or email@example.com. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. All notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances.
Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Application. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. TO THE EXTENT LEGALLY POSSIBLE, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF US$100.00.
Any claims arising in connection with your use of the Application must be brought within 12 months of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose.
You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to (a) the breach of this Agreement by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application; (c) your violation of any law or regulation; or (d) any other matter for which you are responsible under this Agreement or under law. You agree that your use of the Application shall be in compliance with all applicable laws, regulations and guidelines.
This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application. If you breach this Agreement, our license to you to use the Application shall automatically terminate. We may, in our sole discretion, terminate this Agreement and your access to the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the Application from all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. Provisions which by their nature are intended to survive the suspension or termination of this Agreement, shall survive its termination, including, without limitation, Disclaimers, Ownership, Limitations on Liability, Indemnity, Choice of Law and Forum, Entire Agreement and Severability.
Choice of Law and Forum
These terms and conditions are governed by and construed in accordance with the laws of the State of Israel without giving effect to its conflict of laws rules and you irrevocably submit to the exclusive jurisdiction of the courts in the city of Tel Aviv, Israel.
You agree that this Agreement may be assigned by us, in our sole discretion to any third party. You may not assign this Agreement without first obtaining our written approval.
Last updated: June, 2018