General terms and conditions

1. General

Welcome to the world of Speech products and services! These General Terms and Conditions apply to the purchase and use of the products, apps and services ("Services").

The SpeechLive Online Shop is located at www.speechlive.com (the “Online Shop” or “Website”), for SpeechID at www.speech.com/id. The Online Shop and the products are offered by Speech Processing Solutions USA, Inc (hereinafter referred to as “SPS”, “we” or “us”). The terms and conditions set forth below are intended as the final expression, and contain the complete and exclusive statement, of the agreement between the parties governing the purchase and sale of Products, superseding all previous or simultaneous communications either oral or written. To place an order you must accept the terms and conditions within the order process. By submitting your order, you accept and agree to be bound by these terms and conditions in full without exception or reservation.

SPS reserves the right to change these terms and conditions at any time without prior notice. Such changes however only apply to new orders and will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.

2. Placing Your Order

The Services presented on the Website represent SPS's offer to sell such Services subject to the terms and conditions set forth herein, which offer may only be accepted in full. All Product orders are subject to availability and SPS's acceptance. If SPS does not accept your order or if the Service ordered is not available, SPS will use commercially reasonable efforts to inform you promptly.

To place an order in the online shop you must be 18 years of age or over and have a valid email address. You have to fill in the mandatory information in the order form completely and correctly.

When SPS sends you an e-mail confirming receipt of your order, this does not constitute our acceptance of your order. We only accept your order and conclude the contract, when we explicitly confirm acceptance of your order via email and/or dispatch the ordered product or service to you and/or make it available for download.

Every service will automatically renew at the end of each term for a further term equal to the original agreed term unless either party gives the other written notice of termination prior to the end of the relevant term. We will send you a notice email, reminding you that your plan is about to be renewed within a reasonable period of time prior to the renewal date. SpeechID: You can terminate your subscription in the subscription overview of your SpeechID account.

3. Prices

Prices shall be the then-current prices published on this Website at the time of order and are in USD. All prices are subject to change at SPS’s discretion by posting on this Website. Such revised pricing shall be effective as of the date the pricing is posted on this Website and shall apply to all orders placed after the date of such publication.

For Products where fees are paid on an on-going basis, SPS reserves the right to change the pricing applicable to such Products from time to time. SPS will provide you with notice identifying the planned pricing changes in a timely manner before such changes will become effective. The notice will be sent to you by e-mail or any other notice method reasonably intended to bring such price change to your attention. Such notice will set out the effective date of the change, the changes being made to the pricing, and remind you of your right to terminate in the event you do not agree to such price change, subject to the following terms and conditions. Your sole remedy in the event you do not wish to accept a price change shall be to refuse the change and terminate the contract for the applicable Products (including the license to use same, if applicable). If you have prepaid any amounts attributable to periods of time after the effective date of your termination hereunder, within sixty (60) days following the effective date of your termination, SPS will refund to you all such amounts prepaid for periods of time after the effective date of your termination, less any amounts outstanding and unpaid. If you refuse the change, you must notify SPS within thirty (30) days of SPS’s notice. Except as may be prohibited by applicable law, if you continue to use the Products thirty (30) days after SPS’s notice, you expressly agree that you: (a) will be deemed to have accepted the pricing change, with no additional written agreement or express acknowledgment required; and (b) specifically waive any applicable statutory requirements for notice and express acceptance of such pricing change except for those provided in this section. SPS will inform you of this deadline separately and that, where permitted by applicable law, approval of the changes is deemed to be given if no legal objection to them is made.

Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.

License fees are billed once or on an ongoing basis as indicated by the website. Ongoing license fees are generally billed quarterly in advance unless otherwise stated on the website. Unless otherwise mutually and expressly agreed between the parties, ongoing license fees are subject to change as stated above; provided, however you shall have the opportunity to terminate your services if you object to such revised pricing.

Value indexing: The parties agree to retaining the value of the ongoing fees.

4. Paying for your Products

Your credit card will be charged when we issue your invoice or at the time of shipment of your Products and making available the Product for download respectively. SPS will not process your order until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. SPS reserves the right to verify the identity of the credit card holder by requesting appropriate documentation. If the customer has to pay fees of his payment service provider in case of payment by credit card, these fees have to be paid by the customer.

If you are paying by online-payment procedure your account will be charged when we receive your order.

In your SpeechLive account at www.speechlive.com you can change your payment data at any time and review your invoices. If you change your payment data, you will have to pay a small transaction fee to verify the new payment data. The costs for this transaction will be refunded within the next 24 hours.

5. Delivery of your Products

Software Products purchased at the Online Shop will be delivered exclusively by electronic means via email and/or by making a download link available to you usually immediately upon purchase, at the latest within 7 working days from the conclusion of the contract.

6. Terms for software and services

In addition to these General Terms and Conditions the respective terms for software and services apply to any software programs, apps and services that we make available to you. The SpeechExec Software and the SpeechLive Service are subject to the End-User License Agreement. The SpeechLive transcription service is subject to the additional terms and conditions concerning the SpeechLive transcription service, and Speech to text is subject to the additional terms and conditions concerning Speech to text. 

7. Disclaimer; Limitation of Liability; Time for Claims.

Except as may be otherwise expressly set forth in the license agreement with respect to software and services that we make available to you on our website and/or that may be downloaded from our website, SPS shall not be liable for incidental, special, indirect or consequential or other similar damages including but not limited to loss of profit or revenues, damage for loss of use of the Products, damage to property, loss of data, claims of third parties, including personal injury or death on account of use of the Products, whether or not SPS has been advised of the potential for such damages. SPS's total liability hereunder from any cause whatsoever (except liability from personal injury caused by SPS's negligence), whether arising under contract, warranty, tort (including negligence), strict liability, products liability or any other theory of liability, will be limited to the price paid to SPS for the Products that are the subject of your claim. All claims against SPS must be brought within one year after the cause of action arises, and you expressly waive any longer statute of limitations.

Other than the limited warranties, if any, set forth in the applicable SPS license agreement and/or SPS subscription agreement with respect to SPS software and services, SPS makes no other warranties, express or implied, on Products hereunder AND SPS HEREBY EXPESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, TIMELINESS, UNINTERRUPTED, OR ERROR-FREE OPERATION, OR OTHERWISE. THE DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITY SET FORTH HEREIN CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, THE APPLICATION OF LIMITATIONS OF LIABILITY TO CERTAIN TYPES OF CUSTOMERS, OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF SPS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OR PURPORT TO LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW.

8. Data Protection

Your personal data that you submit on the occasion of an order or your registration in the Online Shop will be electronically stored and processed for the purpose of order fulfilment. You agree that we may use such data (name, address, email, industries sector) also for our own marketing purposes and to regularly send you information on our products, special offers, news and other customer information via mail and email. You may revoke your consent at any time in your SpeechLive account settings or by written notification to us (see contact details below).

The data will be processed in conformance with the SPS Privacy Policy and any applicable laws.

9. Miscellaneous

This Agreement cannot be waived, varied, modified or amended in any manner (including subsequent conduct between the parties) except in a writing signed by SPS.

This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns.

The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.

This License Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods.

The parties agree and acknowledge that any action or proceeding arising out of or relating to this Agreement or the subject matter hereof shall be brought in the State or Superior Courts of Fulton County, Georgia or in the United States District Court for the Northern District of Georgia and each party hereby irrevocably submits to the jurisdiction of those courts.

You declare and warrant that (i) you are not in any country subject to a US government embargo or one considered a country "supporting terrorists" by the US government, and (ii) you are not on any US government list of persons or parties subject to prohibitions or restrictions. You further grant your operating system operator the irrevocable right as a third-party beneficiary (and the operating system operator accepts this right) to enforce these terms and conditions against you.

10. Contact

Speech Processing Solutions USA, Inc
10745 Westside Parkway, Suite 225
Alpharetta, GA 30009, USA
live.support@speech.com

ADDITIONAL TERMS AND CONDITIONS CONCERNING THE SPEECHLIVE TRANSCRIPTION SERVICE

Using the SpeechLive transcription service by Speech Processing Solutions USA, Inc (hereinafter "SPS", "we" or "us") allows you to have your recorded dictations transcribed in text form.

To use the transcription service you need a SpeechLive account. If you do not have a SpeechLive account, you first have to acquire a licence for the SpeechLive service in the SpeechLive online shop at www.speechlive.com.

To use the transcription service you also have to acquire a credit of transcription minutes in the SpeechLive online shop. When acquiring such credit you may select a transcription language. The transcription language is the language of the dictation. You may choose from German, English (UK), English (US) and French. Please bear in mind that the language chosen cannot be changed after your first purchase of a credit. The language chosen also applies to future credit purchases.

The transcription minutes are automatically debited from your credit when a service is provided. The number of transcription minutes used is calculated on the basis of the length of dictation (in minutes), the language and the priority of a dictation and the number of speakers (see below). No separate invoices will be issued in respect of the minutes used. You may check your transcription minutes credit and the minutes used at any time in your SpeechLive account. You may use your transcription minutes credit 24 months after purchase of the credit. The credit will expire after the end of 24 months of the purchase date.

Additional special terms and conditions concerning the English and French transcription service

The following information applies to the transcription of dictations with a single speaker:

Priority

For English dictations you may choose between “standard priority” and “high priority”. If you choose standard priority, one transcription minute will be debited per commenced minute of a dictation. In the case of high priority, 1.25 transcription minutes will be debited per commenced minute of a dictation. All French dictations will be processed as “standard priority” dictations.

Transcription time

English and French dictations will be transcribed 24/7/365. Standard priority dictations with a length of up to 120 minutes are usually transcribed within 24 hours (best effort). High priority dictations may not be longer than 25 minutes. 

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

English (UK/US)Standard12024
English (UK/US)High255
FrenchStandard12024

 

The following information applies to the transcription of dictations with more than one speaker 
(“multi-speaker”):

SPS offers fixed prices for dictations with 2, 3 and 4-5 speakers. The price for 6 or more speakers (6 +) is an approximate indication. The actual price will be determined upon review of the dictation. In this case you will receive a quote from SPS by email. You may then choose to accept the offer, or cancel the transcription of this dictation. In case you decide to cancel your transcription, SPS may charge an analysis fee of 4% of the approximate indication or at least USD 28.

 

If you specify the wrong number of speakers, the price will be calculated according to the actual number of speakers and debited from your balance. If you have insufficient credit, an automated payment will be triggered. If this payment cannot be completed, the dictation will be put on hold until payment has been made and the missing credit has been transferred to the transcription service.

For English and French dictations with more than one speaker with a length of up to 180 minutes (3 hours), the transcription time is 72 hours (best effort).

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

English / French---18072

SPS strives to transcribe dictations within the indicated transcription time and free from error, but the transcription time and the quality of transcription significantly depend on the audio quality, comprehensibility and speed of a dictation. As a consequence, SPS can neither guarantee nor assure that the indicated transcription times are complied with and transcriptions are free from error. If the audio quality of a dictation is poor and makes transcription more difficult, you will be informed about any additional costs in advance and may decide whether you would like to order the transcription or not.

Additional special terms and conditions concerning the German transcription service

The following information applies to the transcription of dictations with a single speaker:

Priority

You may choose between “standard priority” and “high priority”. If you choose standard priority, one transcription minute will be debited per commenced minute of a dictation. In the case of a high priority German dictation, 1.5 transcription minutes will be debited per commenced minute of a dictation.

Transcription time

German dictations will be transcribed within our business hours from Monday to Friday between 8 a.m. and 8 p.m. (local time Austria, Germany), except public holidays. Standard priority dictations with a length of up to 120 minutes are usually transcribed within 24 hours (best effort). High priority German dictations are usually transcribed within 8 hours (best effort). High priority dictations may not be longer than 25 minutes.

Please note that the completion periods indicated are to be calculated on the basis of working time regulations in Germany and the above transcription times are based solely on business hours between 8 a.m. and 8 p.m. (local time Austria, Germany) on working days in Germany (Monday to Friday).

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

GermanStandard12024
GermanHigh258

The following information applies to the transcription of dictations with more than one speaker (“multi-speaker”):

SPS offers fixed prices for dictations with 2, 3 and 4-5 speakers. The price for 6 or more speakers (6 +) is an approximate indication. The actual price will be determined upon review of the dictation. In this case you will receive a quote from SPS by email. You may then choose to accept the offer, or cancel the transcription of this dictation. In case you decide to cancel your transcription, SPS may charge an analysis fee of 4% of the approximate indication or at least USD 28.

If you specify the wrong number of speakers, the price will be calculated according to the actual number of speakers and debited from your balance. If you have insufficient credit, an automated payment will be triggered. If this payment cannot be completed, the dictation will be put on hold until payment has been made and the missing credit has been transferred to the transcription service.

For German dictations with more than one speaker with a length of up to 120 minutes (2 hours), the transcription time is 72 hours (best effort). 

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

German---12072

SPS strives to transcribe dictations within the indicated transcription time and free from error, but the transcription time and the quality of transcription significantly depend on the audio quality, comprehensibility and speed of a dictation. As a consequence, SPS can neither guarantee nor assure that the indicated transcription times are complied with and transcriptions are free from error. If the audio quality of a dictation is poor and makes transcription more difficult, you will be informed about any additional costs in advance and may decide whether you would like to order the transcription or not.

Basic standards

The German transcription service transcribes all dictations sent in accordance with the following principles:

You receive a transcript of your voice file produced using the “STAB” (Sinn, Text, Anweisungen, Buchstabierung (Meaning, Text, Instructions, Spelling)) method (see also composition and dictation rules) and a comprehensive transcription approach.

This includes the following services:

  • ##S mark is used for incomplete sentences and incomprehensible connections (defendant becomes claimant, etc.)
  • passages that are hard to understand are listened to multiple times, applying the two pairs of ears principle in difficult cases
  • two pairs of eyes principle is applied for voice files that are hard to understand
  • number of ## marks is actively reduced by researching ("Duden" dictionaries, Internet) words, names, technical terms, etc. that have not been spelled out. 

Basic standards for single-speaker dictations

Single-speaker dictations are dictations with only one speaker that have not been recorded in the style of an interview. The turnaround time is generally 24 hours during business hours (Monday to Friday, 8 a.m. to 8 p.m.), with a maximum dictation volume of 120 dictation minutes per customer.

Basic standards for multi-speaker dictations

Separate rules apply to dictations with multiple speakers and dictations that have been recorded in the style of an interview and therefore require the same formatting effort as multi-speaker dictations. The turnaround time is generally 72 hours during business hours (Monday to Friday, 8 a.m. to 8 p.m.), with a maximum dictation volume of 120 dictation minutes per customer.

Charging based on dictation quality levels

The German transcription service is obliged to assign a quality level for dictations in German. To do so, the composition and dictation rules in DIN standard 5009 are applied.

The prices indicated below result from the differing amounts of work involved in the transcription, based on the quality of the dictation transmitted. Customers are assigned to one of the following dictation quality levels:

Dictation quality levelDescriptionPrice
1Very easy to understandBasic price
2Easy to understandBasic price x 1,275
3Hard to understandBasic price x 1,55
4Very hard to understandBasic price x 1,667

For German dictations, the German transcription service enters the dictation quality level on the SpeechLive website and the customer can see this in the ‘Account’ area. If a customer has more than one person performing dictations, the dictation quality level assigned is based on an average. The transcription service may revise the dictation quality level upwards or downwards at any time.

The level assigned is based on the following criteria:

Very easy to understand (level 1): The dictations have been recorded in a quiet environment with no background noise in accordance with our composition and dictation rules on the basis of DIN 5009.

Easy to understand (level 2): The dictations have largely been recorded in accordance with our composition and dictation rules on the basis of DIN 5009. However, occasional, minor background noise can be heard, there is very little punctuation or the formatting instructions have not been dictated clearly, for example.

Hard to understand (level 3): The dictations recorded comply with our composition and dictation rules on the basis of DIN 5009 to a limited extent only. For example, interfering background noise can be heard most of the time, there is no punctuation or the dictation is spoken with a slight dialect.

Very hard to understand (level 4): The dictations have been recorded in a strong dialect, highly interfering background noise (e.g. building site, railway station, airport) can be heard, the dictations are recordings of telephone calls or presentations, for example, or the speaker uses very staccato, faltering speech, making the meaning difficult to follow.

For a new customer the first 10 dictation minutes are charged in price class 1. The German transcription service may apply a different price class to any subsequent minutes. If a customer has more than one person performing dictations, the dictation quality level assigned is based on an average. The German transcription service may revise the price class upwards or downwards at any time.

If an additional charge is required for individual dictations (e.g. due to incorrect number of speakers), the German transcription service will close this order in the system.

A distinction is made here between two different scenarios: 

  • If it is immediately apparent that more dictation minutes will need to be debited, the German transcription service will set the dictation minutes to “1” and attach a Word document containing the corresponding information. This dictation minute will be charged for accordingly.
  • If it only becomes apparent during transcription that additional dictation minutes will need to be debited, the German transcription service will adjust the number of dictation minutes to the number of minutes actually transcribed and then charge for these accordingly. A Word document containing the corresponding information and the part already transcribed will be attached.

If the transcription of a dictation takes longer than indicated for reasons attributable to SPS, you may cancel your order subject to a 3-hour grace period and the transcription minutes debited for the relevant order will be credited. To the extent permitted by law, we disclaim any further claims (including, without limitation, claims for damages).

In case of force majeure or if there occur any other unpredicted events beyond our control (such as strikes, business interruptions, failure of communication networks), the delivery period shall be extended for the duration of the event. SPS will immediately inform you of any such event. Where such events continue over a period of more than 7 days, you may cancel your order and the transcription minutes debited for the relevant order will be credited. To the extent permitted by law, we disclaim any further claims (including, without limitation, claims for damages).

The correctness in terms of language and content of the dictation to be transcribed by SPS shall be solely the customer’s responsibility. SPS does not accept any responsibility and liability for the correct reproduction of names, addresses and figures. You should therefore check the transcribed text as to its correct reproduction before using it for further purposes. Moreover, the limitations of liability and disclaimers pursuant to Section 7 (“Disclaimer; Limitation of Liability; Time for Claims.”) of our General Terms and Conditions are applicable. Details of the order processing procedure can be found in the following information sheet.

ADDITIONAL TERMS AND CONDITIONS CONCERNING SPEECH TO TEXT

Using Speech to text allows you to have your recorded dictations converted to text form by means of automatic speech recognition.

To use Speech to text, you need a SpeechLive account. If you do not have a SpeechLive account, you first have to acquire a licence for the SpeechLive service in the SpeechLive online shop at www.speechlive.com.

Furthermore, in order to use speech to text, you must purchase a speech-to-text package in the SpeechLive Online Shop and the minimum duration of the package is tied to the duration of your SpeechLive contract. The use of the speech-to-text package is subject to a fair-use policy. In case of exceeding this policy we reserve the right to deactivate the package for the respective current month, in case of repetition we are entitled to terminate the contract prematurely.

For speech to text the duration of the speech recognition corresponds roughly to the length of the dictation, i.e. speech recognition of a 10-minute dictation will take approx. 10 minutes.  When using real-time speech to text, the speaking time is also measured in minutes. All SpeechLive applications that offer speech recognition are part of the speech-to-text package and its fair-use policy.

The rate of speech recognition will depend substantially on the quality of the audio (including, inter alia, microphone settings and ambient noise), the speech patterns of the speaker, particularly the clarity and speed of the dictation, and on the vocabulary used. In general speech to text is designed for use by native speakers of the language in question. Using speech to text in languages other than your native language is not recommended, and may adversely affect the speech recognition of the words and phrases spoken. To the extent permitted by law, SPS is thus unable to warrant any specific rate of speech recognition.

For this reason, to the extent permitted by law, SPS do not accept any responsibility and liability for the correct reproduction of any dictation. It is thus strongly recommended that you check the converted text as to its correct reproduction before using it for further purposes. Moreover, the limitations of liability and disclaimers pursuant to Section 7 ("Disclaimer; Limitation of Liability; Time for Claims.") of our General Terms and Conditions are applicable.

Rights of use and limitations

SPS grants you a non-exclusive, non-transferable right to use the speech recognition software deployed by speech to text for this purpose, pursuant to the terms of this agreement. You acknowledge that the copyright and all other intellectual property rights to the speech recognition software shall remain vested in SPS and/or its licensors.

You are not permitted to market, distribute or offer speech to text to third parties or to use the service yourself to offer services to third parties. You may not use the service for any automated requests or access the service with software which does not come from SPS. In addition, you are not authorized to (a) copy, reproduce, distribute or in any other manner duplicate the software or the service, (b) sell, lease, license, sublicense or otherwise grant rights to the software or the service as a whole, (c) modify, translate or create derivative works of the software or the service, (d) decompile, disassemble or reverse-engineer the software or the service or any portion thereof or otherwise attempt to reconstruct, identify or discover the source code, underlying ideas or algorithms of the software or the service, (e) remove any proprietary notices (f) use the service for purposes of comparison with or benchmarking with other products or services of third parties.

Trademarks

Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in the speech recognition software or used by speech to text are the trademarks of their respective owners. The use of the Trademarks is intended solely to denote interoperability and does not constitute (i) an affiliation of SPS and of its licensors with such, or (ii) an endorsement or approval by such trademark owner of SPS and its licensors.

Privacy Policy

As a part of speech to text, SPS (and its licensors) uses speech data. “Speech Data” means the audio files or words you dictate and the associated transcriptions and log files generated in connection with your use of speech to text. SPS (and its licensors) will not use the content or information elements of any Speech Data except for the purposes of delivering you the service or as otherwise permitted by this agreement.

To provide speech to text, SPS uses external service providers who contract with SPS and are subject to duties of confidentiality.  The external providers may process your Speech Data for the purpose of this service outside the USA, to enable you to receive the Speech Recognition Services, including other countries. By using speech to text, you expressly consent to allowing your data (including Speech Data) to be transmitted abroad for such purposes.

We will always treat your personal data confidentially and process such data in conformity with the applicable legal rules and the SPS Privacy Policy.

Last update: 17/08/2021


Model withdrawal form

Terms of use

The following Terms of Use govern your access and use of www.speechlive.com. Also, separate set(s) of specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms are separate from, and in addition to, these Terms of Use. Where and only to the extent expressly specified, such separate terms and conditions may supersede these Terms of Use with respect to the subject matter of such separate terms and conditions.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site, or any of the Content, products and services made available and/or accessible through the Web Site.

2. Modification of Terms

These Terms of Use may be amended by SPS at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other SPS web sites, products and services may have their own terms of use which apply to such web sites, products and services.

SPS reserves the right to discontinue or make changes or updates with respect to the Web Site, the Content of the Web Site or any products or services available or accessible through the Web Site at any time, without notice. SPS reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with SPS' Privacy Policy as posted on this Web Site.

4. Disclaimers

THIS WEB SITE, AND ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE". SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OPERATION, OR OTHERWISE. Neither SPS nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

SPS and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by SPS are free from viruses or any other harmful elements.

5. Limitation of Liability

IN NO EVENT SHALL SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPS'S LIABILITY EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO SPS BY YOU, IF ANY. NO ACTION REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

The disclaimer of warranties and limitations set forth in Sections 4 and 5 above constitute an essential part of this Agreement. No use of the Web Site, or any information provided on the Web Site, is authorized hereunder except under these disclaimers and limitations. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OR PURPORT TO LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW. WARRANTIES ON PRODUCTS, SERVICES, AND SOFTWARE AVAILABLE THROUGH THE WEB SITE, IF ANY, ARE STRICTLY LIMITED AND GOVERNED BY THE EXPRESS AND LIMITED WARRANTIES, TERMS AND CONDITIONS AS SET FORTH IN TERMS OF USE, TERMS OF SALE, LICENSE AND/OR SUBSCRIPTION AGREEMENTS, AS APPLICABLE. NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH PRODUCTS, SERVICES AND SOFTWARE ARE MADE BY SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS UNDER THESE TERMS OF USE AND ANY SUCH REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, UNDER THESE TERMS OF USE ARE HEREBY EXPRESSLY DISCLAIMED.

6. Registration

Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a user. This registration is free of charge.

When you register, you must choose a unique user name and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. If you provide any information that is untrue, inaccurate, no current or incomplete, or in the event that delivery of the confirmation e-mail fails for any reason, your access or use of areas, functions or features requiring such registration may be inoperable, suspended, refused or terminated. Should your personal data that you provided during registration change, you have to promptly update your personal data to keep registration accurate and current. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us by email to live.support(at)speech.com immediately.

You can at any time request via email to live.support@speech.com, that we delete your registration, unless your registration data are still required for the fulfilment of existing contracts. In such case we will delete the personal data that you provided to us during registration as soon as the data are not needed any more. You acknowledge and agree that your request to delete registration data shall also mean a request to delete your registered account and thus your access to corresponding services, software, products and associated data, including without limitation data that you generate or create, shall also be terminated.

7. Third Party Content

SPS is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

8. SPS and Third Party Software, Services and Products

Any products, services, and software made available from or through this Web Site is sold, provided and/or licensed subject to the terms of any applicable license agreement, subscription agreement, terms of use and/or terms of sale (each a “Specific Agreement”). Except as set forth in the applicable Specific Agreement, products, services and software made available from or through this Web Site are made available for use by end users only and any further copying, reproduction or redistribution of such product, service, or software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH PRODUCT, SOFTWARE, OR SERVICE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE SPECIFIC AGREEMENT. SPS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE PRODUTS, SERVICES AND SOFTWARE.

9. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by SPS, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to SPS and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

Philips is a registered trademark of Koninklijke Philips N.V.

10. Indemnification and Release

You agree to indemnify and hold harmless SPS, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, SPS reserves the right to reveal your identity and any other information SPS may have about you.

If you have a dispute with one or more users, you release SPS, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. Shut-Down of Site

We have the sole right to modify, change, remove, or shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.

12. SPS Products

The Web Site may contain references to specific SPS products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local SPS business contact for further information.

13. Applicable Law and Jurisdiction

This License Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods. The parties agree and acknowledge that any action or proceeding arising out of or relating to this Agreement or the subject matter hereof shall be brought in the State or Superior Courts of Fulton County, Georgia or in the United States District Court for the Northern District of Georgia and each party hereby irrevocably submits to the jurisdiction of those courts.

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall be enforced.