Last updated: September 22, 2026
These Terms govern your access to and use of the Speechace API (the “Services”). These Terms also govern visitors’ access to and use of any websites or applications that use our Services. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our API Privacy Policy), and procedures that may be published from time to time by Speechace (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
These Terms apply to free trials, evaluation access, self-serve accounts, and month-to-month and other unsigned subscriptions. Additional commitments — including service level agreements with credits, negotiated data processing terms, audit or inspection rights, responses to security questionnaires, custom data retention periods, and named-contact support — are available only under a separate written Enterprise Agreement signed by both parties. If you have signed an Enterprise Agreement with Speechace, that agreement governs and controls over these Terms to the extent of any conflict.
The Agreement consists of these Terms, the API Privacy Policy, and the plan terms you select at checkout. No separate data processing agreement, security schedule, or sub-processor list is required: the “Data Processing Terms” section below contains Speechace’s complete processor commitments, including the security measures it maintains, the sub-processors it engages, and the mechanism for international transfers, and it applies without any separate signature. If these documents conflict, the order of precedence is: your plan terms, these Terms, then the API Privacy Policy — except that the “Data Processing Terms” section of these Terms controls over all of them on the processing of personal data. No term of any purchase order, vendor onboarding form, supplier code, or similar document you issue has any force or effect, even if Speechace accepts, signs, or returns it.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
When you create an account with us, you represent that you are at least 18 years of age, that you are creating the account on behalf of a business, educational institution, or other organization (or, if an individual, in your own commercial capacity), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
Speechace accounts are for API callers and administrators only. Speechace does not create, offer, or maintain accounts for the end users of your application, and you must not permit any individual under the age of 18 to register for, hold, or access a Speechace account. Your end users may be of any age, subject to the “End Users; Children’s Data and COPPA” section below.
If you are using Speechace for work purposes, you agree to create an account with us using the email address that represents the entity for which you work. Misrepresentation may result in termination of your account.
Creating multiple accounts to circumvent individual account limits or trial periods may result in immediate reduction of trial periods, activation of subscription, or termination of your account.
You are responsible for maintaining the confidentiality of your account, password, or API Key including but not limited to the restriction of access to your computer, website or service, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password or API Key, whether your password is with our Service or a third-party service. You shall not share or misuse your access credentials. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You select a processing region when you request an API Key. Your data is processed in that region, and you are responsible for choosing the region appropriate to your legal and contractual obligations.
You are responsible for your end users and for your application. Speechace has no relationship with your end users, does not know who they are, and receives their audio only because you send it.
Roles. As between you and Speechace, you are the “operator” of your application and the controller of all personal information you submit to the Services, including any voice recording, under the Children’s Online Privacy Protection Act and the FTC’s implementing rule at 16 C.F.R. Part 312 (together, “COPPA”) and under any other applicable privacy law. Speechace acts solely as your service provider and processor, processing data only on your instructions and only to provide the Services.
Consent. If you use the Services to collect, process, or submit personal information from children under 13, or otherwise make the Services available to such children, you represent and warrant that before any child’s personal information — including any voice recording — is submitted to the Services, you have provided all required notices and obtained and continue to maintain verifiable parental consent, or valid school authorization where the applicable law permits a school to consent on a parent’s behalf for a school-directed educational purpose. You further represent and warrant that your use of the Services complies with COPPA, the Family Educational Rights and Privacy Act where applicable, and all other applicable children’s privacy and student data laws.
What we do with children’s data. Speechace processes children’s personal information only to provide the Services to you; pseudonymizes it on storage; does not use it, or any data derived from it that reasonably identifies a child, to train any machine learning or artificial intelligence model; does not sell or rent it, and does not use or disclose it for advertising, profiling, or any commercial purpose unrelated to providing the Services; and deletes it automatically on expiration of the retention period described in the “Data Retention” section below.
Deletion. Because Speechace pseudonymizes data on storage and does not retain information enabling it to identify or isolate the data of any individual end user, Speechace satisfies deletion and erasure obligations through the automatic expiration of all data, and does not process individual access, correction, or deletion requests. As operator, you are responsible for responding to verified parental and data subject requests, including by ceasing to submit the relevant individual’s data. If a parent, school, end user, or regulator contacts Speechace directly about an individual, we will refer them to you and notify you.
No identifiers. You must not submit to the Services any direct identifier of an end user, including name, email address, telephone number, student or employee identification number, or persistent identifier that you have not pseudonymized, and must not embed any such identifier in a file name, prompt text, or metadata field.
Indemnity. You will indemnify, defend, and hold harmless Speechace against any claim, action, investigation, proceeding, penalty, fine, loss, or expense (including reasonable attorneys’ fees) arising out of your failure to obtain required verifiable parental consent or school authorization, your submission of identifiers in breach of this section, or your failure otherwise to comply with COPPA or any other applicable children’s privacy or student data law.
Speechace retains audio and associated request data for a default period of ninety (90) days from receipt, after which it expires automatically and irreversibly. Deletion of expired data may take between 1 and 48 hours to complete. This 90-day default applies to all accounts and to all subscribers.
Retention exists solely to allow Speechace to investigate and respond to support requests you raise. Speechace does not use retained data for any other purpose.
A retention period other than 90 days — whether shorter, longer, immediate expiration after processing, or set per API Key — applies only where it is expressly set out in a signed Enterprise Agreement, in which case that period governs in place of the default for the accounts it covers. Retention periods cannot be changed on a per-account or per-key basis under these Terms.
Speechace is not a system of record. You are responsible for retaining your own copy of any data you may need for your records, for troubleshooting, or for responding to your end users. Expiration is irreversible, and Speechace has no obligation to return, export, or restore expired data.
On termination or expiration of your account, all data associated with it expires in accordance with this section. Speechace has no obligation to provide data export on termination.
Speechace’s processing of personal data on your behalf is described in the API Privacy Policy and is governed by the “Data Processing Terms” section below, which forms part of these Terms and applies without any separate signature or addendum. Those terms apply as published and are not subject to negotiation or amendment for accounts governed by these Terms.
Security measures. Speechace maintains the following technical and organizational measures, and may update them provided the overall level of protection is not materially reduced:
• Encryption. TLS in transit; strong cryptography at rest, with documented key management and rotation.
• Access control. Production access limited to engineering staff with a business need, using unique named accounts and multi-factor authentication, granted and revoked through a formal process and reviewed periodically.
• Pseudonymization. Data is pseudonymized on storage, and we retain nothing that would let us identify an individual end user.
• Regional isolation. Data is processed and stored only in the cloud region you select.
• Logging and monitoring. Production access and processing activity are logged, protected against alteration, retained for at least 12 months, and reviewed periodically.
• Vulnerability management. Quarterly vulnerability scanning of systems handling customer data and after significant changes, with remediation according to severity and in no case later than 60 days from discovery.
• Secure development and change management. Secure coding practices and a documented change control process with review, testing and rollback planning. Development and testing use systems that hold no customer data.
• Personnel. Written confidentiality obligations and security training before access is granted, and periodically thereafter.
• Physical security. Hosting in the data centers of the cloud providers named above, which maintain physical access controls, monitoring, and independent third-party security certifications.
• Incident management. A documented process covering detection, classification, investigation, resolution and closure.
• Resilience. Backup and restoration procedures appropriate to the Services.
Sub-processors. Speechace engages cloud infrastructure providers as sub-processors to host and operate the Services. They are identified, with their purpose and processing location, in the “Sub-processors and where data is processed” section of the API Privacy Policy, which forms part of these Terms and is the authoritative list. Each sub-processor is engaged under written terms imposing data protection obligations no less protective than those Speechace owes you, and Speechace remains responsible for its sub-processors’ performance. You provide general written authorization for Speechace to engage the sub-processors identified in that list and to add or replace sub-processors, provided Speechace gives at least thirty (30) days’ notice before a new sub-processor begins processing your data, by updating that list and notifying your account administrator. If you object to a new sub-processor, your sole remedy is to terminate your subscription before that sub-processor begins processing.
Security incidents. Speechace will notify you without undue delay after becoming aware of a personal data breach affecting your data, and will provide the information reasonably available to it to assist you in meeting your own notification obligations.
No audit, inspection, or assessment rights. Speechace demonstrates its security and data protection practices exclusively through these Terms and the API Privacy Policy, which together describe its processing, its security measures, its sub-processors, and its retention and deletion practices. Speechace will also respond to reasonable written questions about that published information where it is not already answered by it. Accounts governed by these Terms do not carry, and Speechace does not grant: the right to audit or inspect Speechace’s facilities, systems, records, or personnel, whether by you or by an auditor you appoint; the right to receive audit logs, data inventories, processing records, or copies of third-party audit reports or certifications; the right to require completion of security questionnaires, vendor risk assessments, privacy impact assessments, or bespoke security or compliance documentation; the right to approve, veto, or receive contracts with individual sub-processors; the right to require Speechace to accept customer-specific security requirements, insurance obligations, breach notification timelines, or data residency commitments beyond the region you select; or the right to direct Speechace’s cooperation with a supervisory authority beyond what applicable law requires of Speechace directly. Audit and assessment rights are available under an Enterprise Agreement.
This section applies where Speechace processes personal data on your behalf in providing the Services. It forms part of these Terms, requires no separate signature, and controls over the rest of these Terms and over the API Privacy Policy on the processing of personal data. In this section, “Data Protection Laws” means all privacy and data protection laws applicable to a party’s processing under these Terms, including the EU General Data Protection Regulation (“GDPR”), the UK GDPR, COPPA, the Family Educational Rights and Privacy Act, and applicable US state privacy and student data laws. Terms such as “personal data,” “processing,” “controller,” “processor,” “data subject,” “personal data breach” and “supervisory authority” have the meanings given in the GDPR.
1. Roles. You are the controller of personal data submitted to the Services, and the “operator” where COPPA applies. Speechace is the processor, and the “service provider” or “processor” under applicable US state privacy laws. Speechace processes personal data only on your documented instructions.
2. Instructions. These Terms, the API Privacy Policy, and your use of the Services constitute your complete documented instructions to Speechace. Speechace will inform you if it believes an instruction infringes Data Protection Laws. Where Speechace is required by law to process personal data at variance with your instructions, it will inform you in advance unless that law prohibits it from doing so.
3. Description of processing.
• Subject matter: provision of the Speechace speech assessment Services.
• Duration: the period during which you use the Services, plus the retention period in the “Data Retention” section above.
• Nature and purpose: automated computation of pronunciation, fluency, grammar, vocabulary and coherence scores, and transcription, from submitted audio; storage for the support purpose described in the “Data Retention” section; and automatic deletion on expiration.
• Types of personal data: audio recordings of end user speech; associated prompt or question text; pseudonymous request identifiers. You are prohibited by these Terms from submitting direct identifiers or special categories of personal data.
• Categories of data subjects: end users of your application, who may include children under 13.
4. Confidentiality of personnel. Speechace keeps personal data confidential, ensures that personnel authorized to process it are bound by written confidentiality obligations, and limits access to those personnel who need it to provide the Services.
5. Security. Speechace implements and maintains the technical and organizational measures set out under “Security measures” in the “Data Protection and Security” section above, which the parties agree are appropriate to the risk presented by this processing for the purposes of Article 32 of the GDPR.
6. Sub-processors. Speechace engages sub-processors on the terms set out under “Sub-processors” in the “Data Protection and Security” section above, which constitutes your general written authorization for the purposes of Article 28(2) of the GDPR. The sub-processors themselves are identified in the API Privacy Policy. Speechace imposes on each sub-processor data protection obligations no less protective than those in this section and remains fully liable for its sub-processors’ performance. Copies of sub-processor agreements and of third-party audit reports are not provided under these Terms and are available under an Enterprise Agreement.
7. Data subject rights. Taking into account the nature of the processing — automated, and using pseudonymized data that Speechace cannot associate with an identified data subject — Speechace assists you with data subject requests through pseudonymization on storage and through the automatic expiration of all data, rather than by individual lookup. Speechace cannot identify, retrieve, rectify, or delete the data of an individual data subject, and does not process individual requests. Where a data subject or supervisory authority contacts Speechace directly about an individual, Speechace will promptly inform you and will refer them to you rather than responding itself. As between the parties, you are responsible for responding. The API Privacy Policy describes how this operates in practice, including how requests from end users, parents and schools are routed.
8. Assistance. Speechace will assist you, taking into account the nature of the processing and the information available to it, in complying with your obligations under Articles 32 to 36 of the GDPR, including security of processing, breach notification, and data protection impact assessments. That assistance is limited to the information set out in these Terms and the API Privacy Policy and to answering reasonable written questions about it. Assistance beyond that is available under an Enterprise Agreement.
9. Personal data breach. Speechace will notify you without undue delay after becoming aware of a personal data breach affecting your personal data, and will provide the information reasonably available to it, including the nature of the breach, the categories and approximate number of data subjects and records affected so far as known, the likely consequences, and the measures taken or proposed. No notification timeline shorter than “without undue delay” is committed under these Terms; defined notification timelines are available under an Enterprise Agreement.
10. Deletion and return. Personal data expires and is irreversibly deleted in accordance with the “Data Retention” section above, which satisfies Speechace’s obligation to delete personal data at the end of the processing. Speechace has no obligation to return or export personal data, and you are responsible for retaining your own copy of any data you need. Speechace may retain personal data where required by law, for as long as required, and will continue to protect it under this section.
11. Demonstrating compliance. Speechace makes available the information necessary to demonstrate compliance with this section through these Terms and the API Privacy Policy, together with its responses to reasonable written questions about that information. The parties agree that, in the circumstances of this processing — automated, pseudonymized, limited in scope, and documented publicly — this satisfies Article 28(3)(h) of the GDPR for accounts governed by these Terms, and that no audit or inspection rights are granted, as set out in the “Data Protection and Security” section above. Where a mandatory provision of Data Protection Laws nonetheless requires Speechace to permit an audit, that audit will be conducted remotely, at your expense, no more than once in any twelve (12) month period, on at least thirty (30) days’ written notice, limited in scope to Speechace’s processing of your personal data, subject to Speechace’s confidentiality and security requirements, and without access to any other customer’s data or to Speechace’s proprietary models, algorithms, or scoring methodology.
12. International transfers. Speechace processes personal data in the region you select when requesting an API Key. Where Speechace processes personal data originating in the European Economic Area, the United Kingdom, or Switzerland outside those territories, the parties are deemed to have entered into the Standard Contractual Clauses annexed to Commission Implementing Decision (EU) 2021/914 of 4 June 2021, which are incorporated into these Terms by reference, with the following elections: Module Two (controller to processor) applies; the optional docking clause in Clause 7 does not apply; Clause 9(a) Option 2 (general written authorization) applies with the thirty (30) day notice period stated in the “Sub-processors” provisions above; the optional independent dispute resolution language in Clause 11(a) does not apply; Clause 17 Option 1 applies, with the law of Ireland governing; and Clause 18(b) selects the courts of Ireland. For the purposes of the Clauses: you are the data exporter and controller and Speechace LLC is the data importer and processor; Annex I.B is completed by paragraph 3 of this section; the competent supervisory authority under Annex I.C is the supervisory authority of the EEA Member State in which you are established or, where you are not established in the EEA, the Irish Data Protection Commission; Annex II is completed by the “Security measures” provisions above; and Annex III is completed by the “Sub-processors” provisions above. For transfers of personal data subject to the UK GDPR, the UK International Data Transfer Addendum to the EU Standard Contractual Clauses is incorporated by reference, with Tables 1 to 3 completed as set out above and Table 4 selecting “neither party.” For transfers subject to Swiss law, references to the GDPR are read as references to the Swiss Federal Act on Data Protection and the competent authority is the Swiss Federal Data Protection and Information Commissioner. No separate signature is required for any of the foregoing.
13. Children’s personal data. Where personal data relates to children under 13, the commitments in the “End Users; Children’s Data and COPPA” section above apply in addition to this section and, to the extent of any conflict, control.
14. Liability. Each party’s liability under this section is subject to the exclusions and the cap in the “Limitation Of Liability” section below. Nothing in this section limits a data subject’s rights under Data Protection Laws.
If you purchase a paid subscription, you will pay the fees for the plan you select at the rates published or quoted at checkout. Usage above your plan allowance is billed at the applicable overage rate.
Subscriptions are billed in advance on a recurring basis by the payment method you provide, and renew automatically for successive periods of the same length until cancelled. You authorize us to charge that payment method for all fees, including overages and applicable taxes. Fees are exclusive of taxes, and you are responsible for all taxes associated with your subscription other than taxes on Speechace’s net income.
Speechace may change prices with at least thirty (30) days’ notice, effective at your next renewal.
If you believe you have been billed incorrectly, you must contact us within sixty (60) days of the closing date on the first billing statement in which the error appeared in order to receive an adjustment or credit.
Unpaid amounts accrue a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Speechace may suspend the Services immediately on non-payment and may terminate your account if payment remains outstanding for fifteen (15) days after notice.
Fees are non-refundable except where expressly stated in these Terms or required by law. Cancelling mid-period does not entitle you to a refund of amounts already paid, and you retain access through the end of the paid period.
Free trials and evaluation access are provided as-is, may be modified or ended at any time, and carry no warranty, no support commitment, and no service level of any kind.
Speechace will use commercially reasonable efforts to respond to support requests submitted online at https://api-docs.speechace.com/resources/requesting-support during business hours, Pacific time, excluding US federal holidays. No response time, resolution time, or availability level is guaranteed under these Terms. Speechace will use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services, but does not commit to any uptime percentage and offers no service credits. Service level commitments and service credits are available under an Enterprise Agreement.
Speechace may modify, add to, or discontinue features of the Services. We will give at least thirty (30) days’ notice before discontinuing a materially used feature, except where a shorter period is required for legal, security, or third-party reasons.
Our Service may contain links to third party web sites or services that are not owned or controlled by Speechace.
Speechace has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Speechace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
• If you post Content, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
• We disclaim any responsibility for any harm resulting from anyone’s use, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
You represent and warrant that your use of our Services:
• Will be in strict accordance with these Terms;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
• Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of any third party;
• Will not overburden Speechace’s systems, as determined by us in our sole discretion;
• Will not disclose sensitive personal information of others;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is — or that facilitates or operates in conjunction with — malware, spyware, adware, or other malicious programs or code;
• Will not identify or verify the identity of any individual, create or compare a voiceprint or other biometric template, or serve any other biometric identification or authentication purpose;
• Will not involve submitting special categories of personal data (including data concerning health, biometric data used for identification, racial or ethnic origin, religious or philosophical beliefs, or data relating to criminal convictions) or payment card, financial account, or government identification numbers;
• Will not use any score, transcript, or other output of the Services as the sole or determinative basis for a decision producing a legal or similarly significant effect for an individual — including decisions concerning employment, admission, graduation, certification, licensing, immigration status, or the provision of educational services — without meaningful human review;
• Will not exceed the rate limits or usage volumes applicable to your plan, and you acknowledge that Speechace may throttle, rate-limit, or suspend access that materially exceeds them or that degrades the Services for others;
• Will not attempt to re-identify any individual from data processed by the Services, or to circumvent the pseudonymization of data submitted to the Services; and
• Will not be for timesharing, service bureau, or resale purposes, or for the benefit of any third party other than your end users using your application.
Speechace has no obligation to monitor your use of the Services, and does not monitor the content of personal data processed on your behalf, but may investigate suspected violations of this section.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Speechace product or service violates your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Speechace or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
You may not use the Speechace API, or any Speechace product, or data obtained from any Speechace product in order to train, test, evaluate, or develop another Speech Engine, Machine Learning Model, or any system used for assessing pronunciation and scoring speech. You may not directly or indirectly, reverse engineer or aid or assist in the reverse engineering of Speechace products for any commercial or non-commercial purposes, including any attempt to discover the source code, models, algorithms, or scoring methodology of the Services. You may not publish any evaluation results, benchmark, or comparative result involving the Speechace API or data obtained with the Speechace API without written prior approval from the Speechace Team. You may contact us at support@speechace.com to notify and coordinate such evaluations.
You own all data you submit to the Services. You grant Speechace a limited licence to host, process, and transmit that data solely to provide the Services to you and to support you, and for no other purpose.
Speechace owns and retains all right, title and interest in and to the Services, its software, models, algorithms and scoring methodology, all improvements, enhancements and modifications to them, and all intellectual property rights in any of the foregoing. No rights or licences are granted except as expressly set out in these Terms.
Speechace does not use audio you submit or transcripts derived from it to train any speech recognition, pronunciation, or assessment model, and does not disclose it to any third party for those purposes. Speechace does use aggregate operational metrics, which contain no audio, no transcripts, no scores attributable to an individual, and no personal data, to operate, monitor, secure and improve the Services. The API Privacy Policy describes both in full.
Each party will protect the other’s non-public business, technical and financial information disclosed in connection with the Services with at least reasonable care, and will not use or disclose it except as necessary to perform the Agreement. This does not apply to information that is or becomes public through no fault of the recipient, was known to the recipient without restriction beforehand, is rightfully received from a third party without restriction, or is independently developed without use of the other party’s information. A party may disclose as required by law, with reasonable prior notice to the other party where permitted. These obligations last three (3) years from the date of disclosure, except that trade secrets — including Speechace’s software, models, algorithms, and scoring methodology — remain protected for as long as they qualify as trade secrets under applicable law. Your data is your confidential information and is also governed by the data sections of these Terms.
Speechace may suspend or limit your access to the Services, in whole or in part, without terminating your account, where Speechace reasonably believes that your use presents a security, legal, or operational risk, that fees are overdue, that your use materially exceeds applicable rate limits, or that your use violates these Terms. Speechace will use reasonable efforts to notify you before or promptly after a suspension and to limit its scope and duration to what is reasonably necessary. Suspension does not relieve you of the obligation to pay fees accrued before the suspension.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may cancel from your account settings or by writing to support@speechace.com. Cancellation of a paid subscription takes effect at the end of the current billing period.
On termination, your right to use the Services ends immediately, accrued fees become payable, and all data associated with your account expires in accordance with the “Data Retention” section. Speechace has no obligation to export, return, or restore your data.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, confidentiality obligations, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement or course of performance.
Speechace, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
THE SCORES, TRANSCRIPTS, ASSESSMENTS AND OTHER OUTPUTS OF THE SERVICE ARE ESTIMATES GENERATED BY MACHINE LEARNING MODELS. THEY ARE PROBABILISTIC, MAY BE INACCURATE OR INCOMPLETE FOR ANY GIVEN SPEAKER OR RECORDING, AND MAY VARY BETWEEN OTHERWISE SIMILAR INPUTS. SPEECHACE DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR SUITABILITY OF ANY OUTPUT FOR ANY PARTICULAR PURPOSE, INCLUDING ANY EDUCATIONAL, EMPLOYMENT, CERTIFICATION, OR ADMISSIONS PURPOSE, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER AN OUTPUT IS FIT FOR YOUR INTENDED USE AND FOR ANY DECISION YOU OR YOUR END USERS MAKE IN RELIANCE ON IT.
Any pre-release, beta, preview, or experimental feature is provided as-is, may be modified or withdrawn at any time, and is excluded from any commitment Speechace makes elsewhere in these Terms.
Your indemnity. You agree to defend, indemnify and hold harmless Speechace, its affiliates, licensors and licensees, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, actions, investigations, proceedings, damages, obligations, losses, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees) resulting from or arising out of: (a) your access to or use of the Services, by you or any person using your account, password or API Key; (b) your breach of these Terms; (c) your application, your content, and your relationship with your end users; (d) any claim that data you submitted to the Services was submitted without the notices, consents, or authorizations required by applicable law, including COPPA and any children’s privacy or student data law; (e) any claim by or on behalf of an end user relating to a decision made in reliance on an output of the Services; or (f) any claim that data you submitted, or Speechace’s processing of it on your instructions, infringed or misappropriated the rights of a third party.
Speechace will notify you of any claim for which it seeks indemnity, and you will assume sole control of the defense and settlement, provided that you may not settle any claim in a manner that imposes any obligation or admission on Speechace without Speechace’s prior written consent, and Speechace may participate in the defense with counsel of its own choosing at its own expense. This section survives termination of these Terms.
Our indemnity. Speechace will defend you against any third-party claim alleging that the Services, as provided by Speechace and used in accordance with these Terms, infringe a United States patent or copyright or misappropriate a trade secret, and will pay damages finally awarded against you or agreed in settlement by Speechace for such a claim, provided you promptly notify Speechace of the claim, give Speechace sole control of its defense and settlement, and provide reasonable assistance. This obligation does not apply to any claim arising from (i) any component not supplied by Speechace, (ii) modification of the Services after delivery, (iii) combination of the Services with other products, processes or materials where the alleged infringement relates to the combination, (iv) your continued use after being notified of the claim or of a modification that would have avoided it, (v) data you submitted to the Services, or (vi) any use not strictly in accordance with these Terms. If the Services are held or believed by Speechace to be infringing, Speechace may at its option and expense modify or replace them with substantially equivalent functionality, obtain a licence permitting continued use, or terminate your access and refund any prepaid unused fees. This section states Speechace’s entire liability and your sole and exclusive remedy for any claim of infringement or misappropriation, and is subject in all cases to the “Limitation Of Liability” section below.
In no event shall Speechace, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, or the cost of procurement of substitute goods, services or technology, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TOTAL AGGREGATE LIABILITY OF SPEECHACE AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS AND AFFILIATES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, UNDER ANY THEORY OF LIABILITY INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO SPEECHACE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THIS LIMIT APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND IS NOT MULTIPLIED BY THE NUMBER OF CLAIMS, INCIDENTS, END USERS, RECORDINGS, OR API REQUESTS AFFECTED.
THE FOREGOING LIMITATIONS DO NOT APPLY TO YOUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION, YOUR OBLIGATION TO PAY FEES, OR EITHER PARTY’S FRAUD OR WILLFUL MISCONDUCT. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES THAT IS AN ESSENTIAL BASIS OF THE BARGAIN AND IS REFLECTED IN THE FEES CHARGED FOR THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Neither party is liable for any delay or failure to perform (other than a failure to pay amounts due) caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil disturbance, labor disputes, governmental action, epidemics, failure of the public internet or of third-party network, hosting, or utility providers, and denial-of-service or other malicious attacks.
You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive US sanctions, and that you are not identified on any US government restricted-party list. You will not use or make the Services available in violation of US export control or sanctions laws.
You may not assign or transfer these Terms or your account without Speechace’s prior written consent, except to a successor in interest to all or substantially all of your business or assets that is not a competitor of Speechace. Speechace may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, reorganization, change of control, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.
If you provide Speechace with suggestions, ideas, or other feedback about the Services, Speechace may use it without restriction or obligation to you, and you grant Speechace a perpetual, irrevocable, worldwide, royalty-free licence to do so.
Speechace may identify you as a customer and use your name and marks in customer lists, on its website, and in advertising, marketing, promotional and investor materials. You may withdraw this permission at any time by writing to support@speechace.com.
The parties are independent contractors. These Terms create no agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
Speechace may give notice by email to the address associated with your account or by posting to the Services. You must give notice to support@speechace.com. Notice is effective on receipt.
These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington for any dispute arising out of or relating to these Terms or the Services, and each party waives any objection to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in full force and effect. These Terms, together with the API Privacy Policy and any plan terms you accept, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least thirty (30) days’ notice, by email or by posting to the Services, before any material change to these Terms or to the API Privacy Policy takes effect. What constitutes a material change will be determined at our sole discretion. Changes required to comply with applicable law, or to address a security or legal risk, may take effect on shorter notice where Speechace reasonably determines it is necessary.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, your remedy is to stop using the Services and cancel your subscription before the change takes effect, and you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at support@speechace.com, or Speechace LLC, 2133 5th Avenue #409, Seattle, WA 98121, USA.
To discuss an Enterprise Agreement, including service level commitments, audit rights, custom data retention periods, or negotiated data protection terms, contact us at support@speechace.com.