Thanks for using Speca.
This is a legal agreement (“Agreement”) between Speca website (“Service” or “Speca”) and you (“you” or “your” or “user(s)”), a User of the Service.
By creating an account or by using Service you agree to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to the Terms of Service you must not accept this agreement and may not use Service.
Company reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below will result in the termination of your Account. While Speca prohibits such conduct and Content on the Service, you understand and agree that Speca cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
1. Account terms
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must be 13 years or older to use this Service.
- You must provide your name and an email address in order to create an account. You may be given an option to provide additional information in order to assist you with our Services.
- In order to share created Content with other accounts or make them publicly available you must confirm your email address by following instructions Service provides.
- You must create an account for yourself. You must not share your account with other people. If you represent a company or other legal entity you must have a permission to use their name.
- You are responsible for all Content posted and activity that occurs under your account.
- You must not use our website for any illegal or unauthorised purpose.
- You are responsible for maintaining the security of your account and password. Company is not liable for any loss or damage from your failure to comply with this security obligation.
2. Acceptable use
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Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
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Conduct Restrictions
While using Speca, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including Speca employees, officers, and agents, or other Speca Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with Speca's servers in ways that could harm our Website or Service, to place undue burden on Speca's servers through automated means, or to access Speca's Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with Speca, or by fraudulently misrepresenting your identity or site's purpose;
- or violate the privacy of any third party, such as by posting another person's personal information without consent.
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Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Company's express written permission.
- Privacy Misuse of Speca Users' Personal Information is prohibited. Any person, entity, or service collecting data from Speca must comply with the Speca Privacy Statement
3. User-Generated Content
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Responsibility for User-Generated Content
You may create User-Generated Content while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
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Ownership of Content and Right to Post
You retain ownership of and responsibility for Content you create. If you're posting anything you did not create yourself, you agree that you will only submit Content that you have the right to post, and you will fully comply with any third party licenses relating to Content you post.
- Private projects
Your content will only be shared with other users of your choosing and we will never share your content with third parties without your consent. The staff of Company have access to your content, but we make an effort to only access it when absolutely necessary.
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Speca May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Speca terms or policies.
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License Grant to Us
You agree to grant to Speca an irrevocable, universal, nonexclusive, royalty-free worldwide licence to display, reproduce, perform, modify, prepare derivative works of, incorporate into other works, and otherwise use User content.
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You agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to User’s content to the extent permitted by law.
4. Speca content
- You agree not to use or reproduce Speca content which includes logos, trademark, domain names displayed on our website excluding your Content. This property is exclusively owned by Speca. No rights for Speca content are transferred to the users
- Speca grants a registered User a revocable, non-transferable and non-exclusive licence to use our services for User’s internal business purposes.
- You agree not to use or reproduce our Content unless you request an authorization from us.
5. Third party links
- Our Service may have links to the third party site posted by users through the Content. Such links are not under our control so you must be cautious when clicking on such links as they may cause harm to your computer.. We are not responsible for these third party websites or their use of your personal information. We recommend that you check their terms of service and privacy policies before using any third party site.
6. Payment
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Pricing
Our pricing and payment terms are available at https://speca.io/info/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
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Free Trial Period
Service provide 14-days free trial period for any paying subscription plan. Service require you to provide valid credit card information at the moment of subscribing to the paying plan, Service start charging you automatically on the first day after the trial period is over, unless you cancel the subscription.
If you cancel the Services before the end of the trial period, all your rights to any remaining free trial period will be waived and you will not be eligible to participate in any further Trials, except as allowed by Speca in its sole discretion.
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Upgrades, Downgrades, and Changes
If you upgrade to a higher level of service or change from a monthly billing plan to a yearly billing plan, Speca will immediately bill you according to the new subscription terms, you will be charged for the first period less any existing prorated account balance. You may change your level of service at any time by choosing a plan option or going into your Billing settings.
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Continuous Membership
To ensure uninterrupted service, all subscriptions to the Service are renewed automatically. You hereby authorize Speca to charge subscription Fees for the renewal period to the credit card on file. All subscriptions are renewed at the subscription level(s) in effect at the time the then-current subscription term ends. You may cancel the subscription at any time by following the “View cancellation instructions” link below.
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No Refunds
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period, until User decide to delete an account.
In order to treat everyone equally, no exceptions will be made.
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Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, for fees that you authorize for Speca.
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Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Speca any charge incurred in connection with your use of the Service. If you dispute the matter, contact Speca Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.
7. Terminations and cancellation
- In the event of a breach of the Agreement by User, Speca reserves the right to terminate this Agreement immediately, without prejudice of any other claim it may have.
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current billing period, your cancellation will take effect immediately and you will not be charged again.
- If you cancel the Service before the end of Trial period, you will not be charged.
8. Modifications to the Service and prices
- Speca reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service*.
- Speca shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9. General conditions
- You understand that Speca uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Speca.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Speca
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Speca customer, employee, member, or officer will result in immediate account termination.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Speca) of other Speca customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
10. Disclaimers of warranties.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis, without future promise of availability. Speca is not liable for any damages caused by the loss or inability to access your data.
- Speca does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Speca shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Speca has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
- The failure of Speca to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Speca and govern your use of the Service, superseding any prior agreements between you and Speca (including, but not limited to, any prior versions of the Terms of Service).
- Speca does not have any responsibility or control over the Content uploaded by users. We do not review any Content prior to Users upload, posting or modification. Speca does not guarantee that the User will compile with any legal requirements.
- We do not warrant the accuracy, quality or reliability of any of the content posted or transmitted via the Service. User bears all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of the content.
- We do backups of all our databases and file system but still You are solely responsible for creating backup copies.
11. Limitations of liability
- Speca shall not be liable in no event to Users or other persons/entities for any incidental, punitive, consequential,special, direct and indirect damages arising out of or in connection with this Agreement, the use of our services or inability to use it, the access or inability to access our website, any errors in the Service.
- Speca shall in no event be liable for any special, indirect, incidental or consequential damages, including but not limited to loss of sales or business, lost profits or damages or loss of use or goodwill, incurred by Users or any direct or indirect customer of User.
- Speca shall not be liable in no event for any personal damages or emotional distress in connection with this Agreement or the use of our Service.
- In the event of any breach in the Agreement by Speca, the total liability will not exceed