Terms of Use - GlobeSpeak

Welcome to GlobeSpeak! These Terms of Use ("Terms") govern your access to and use of the GlobeSpeak mobile application and related services ("Services") provided by GlobeSpeak Inc. ("we," "us," or "our"). By downloading, installing, or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using GlobeSpeak, you confirm that:

• You are at least 13 years of age (or the minimum age in your jurisdiction)

• You have the legal capacity to enter into these Terms

• You have read, understood, and agree to be bound by these Terms

• If you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms

If you do not agree with any part of these Terms, you must not use our Services.

2. Description of Services

GlobeSpeak provides:

• Text Translation: Real-time translation between multiple languages

• Voice Translation: Speech-to-speech translation services

• Camera Translation: Image-to-text translation using optical character recognition

• Conversation Mode: Two-way conversation translation

• Offline Packages: Downloadable language packs for offline use

• Phrasebook: Collection of commonly used phrases

• Learning Tools: Flashcards and vocabulary building features

3. User Responsibilities

3.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services for any illegal or unauthorized purpose

• Translate content that is harmful, threatening, abusive, defamatory, or otherwise objectionable

• Attempt to reverse engineer, decompile, or disassemble any part of the Services

• Use automated tools to access the Services without our prior written consent

• Interfere with or disrupt the Services or servers connected to the Services

• Violate applicable laws or regulations

• Infringe upon the intellectual property rights of others

3.2 Account Security

If you create an account, you are responsible for:

• Maintaining the confidentiality of your account credentials

• All activities that occur under your account

• Notifying us immediately of any unauthorized use of your account

• Providing accurate and up-to-date information

4. Intellectual Property Rights

4.1 Our Intellectual Property

All intellectual property rights in the Services, including but not limited to software, text, graphics, logos, icons, images, audio clips, and data compilations, are owned by GlobeSpeak or our licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with these Terms. This license does not include any right to:

• Resell or make commercial use of the Services

• Distribute, publicly perform, or publicly display any part of the Services

• Modify or create derivative works based on the Services

• Use any proprietary information or materials in a manner not expressly permitted

4.3 User Content

You retain ownership of any content you input into the Services. However, by using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and analyze your content solely for the purpose of providing translation services and improving our Services.

5. Subscription and Payment Terms

5.1 Subscription Plans

We offer both free and premium subscription plans. Premium features may include:

• Unlimited translations

• Advanced conversation modes

• Priority customer support

• Additional language packs

• Enhanced accuracy features

5.2 Billing and Cancellation

• Subscriptions are charged on a recurring basis

• You may cancel your subscription at any time through your device's app store settings

• Cancellations take effect at the end of the current billing period

• No refunds are provided for partial subscription periods

• We reserve the right to change pricing with 30 days' notice

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

7. Translation Accuracy and Limitations

• Best Effort Service: We strive to provide accurate translations, but we cannot guarantee perfect accuracy for all content.

• No Professional Advice: Our translations are not suitable for legal, medical, or other professional use.

• Third-Party Services: We rely on third-party translation APIs, which may have their own limitations.

• User Responsibility: You are responsible for verifying the accuracy of translations for important communications.

8. Disclaimers and Limitation of Liability

8.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLOBESPEAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.

8.3 Maximum Liability

Our total liability to you for all claims arising from or relating to the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless GlobeSpeak and our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses arising from or relating to your use of the Services, your violation of these Terms, or your violation of any rights of another.

10. Termination

• By You: You may stop using our Services at any time.

• By Us: We may suspend or terminate your access to the Services at any time, with or without cause or notice.

• Effect of Termination: Upon termination, your right to use the Services ceases immediately, but these Terms shall survive termination as applicable.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms in the app

• Sending you an email notification (if you have provided an email address)

• Displaying a prominent notice in the app

Your continued use of the Services after any changes constitutes acceptance of the new Terms.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

12.2 Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.

13. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and GlobeSpeak regarding the Services.

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

• No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

• Assignment: You may not assign or transfer these Terms without our prior written consent.

14. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@globespeak.us

• Website: https://globespeak.us/terms