Terms of Use

1. Acceptance of Terms

By accessing, registering for, or using Speako.ai (the "Service"), operated by Speako Pty Ltd (ABN 39 682 800 371) ("Speako", "we", "us", or "our"), you agree to be bound by these Terms of Use (the "Terms"), our Privacy Policy, and our Cookie Policy (together, the "Agreement"). If you do not agree, you must not use the Service.

You represent that you are at least 18 years of age and have authority to enter into the Agreement. If you use the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and references to "you" and "Subscriber" include that entity.

If you accept the Agreement online, or if you click to accept, sign up for an Account, or use the Service, that constitutes your electronic signature and acceptance. If there is a conflict between these Terms and any order form, statement of work, or similar document expressly agreed between you and Speako for enterprise procurement, the enterprise document prevails to the extent of the conflict.

2. Definitions

• "Account" means the account you create (or that is created for you) to access and use the Service.
• "Account Data" means information about the Subscriber and its authorised users used to create, administer, secure, and bill the Account (including name, email address, authentication identifiers, billing and tax information, and support communications).
• "Subscriber" means the business or individual who registers for and subscribes to the Service.
• "Authorised Users" means the Subscriber's personnel or contractors that the Subscriber permits to access the Service under the Subscriber's Account.
• "End User" means any person who interacts with the Service on behalf of or as a customer of a Subscriber (for example, a caller to a Subscriber's AI voice agent).
• "Customer Data" means personal information and other data relating to End Users that is collected, generated, received, or otherwise processed through the Service on the Subscriber's behalf, which may include (depending on configuration) voice recordings, transcripts, phone numbers, booking details, and communications.
• "Subscriber Content" means data, information, or materials that a Subscriber uploads, submits, or provides through the Service, including business information, knowledge base content, menus, staff details, and configuration settings.
• "Usage Data" means technical and usage information about how the Service is accessed and used (for example, feature usage, performance metrics, Voice Minutes consumption totals, and log data), which may include aggregated or de-identified analytics.
• "Voice Minutes" means the metered units of voice call time consumed when End Users interact with AI voice agents through the Service, measured in seconds and displayed as minutes.
• "Subscription Plan" means the tier of service selected by the Subscriber (Starter, Advance, Pro, or Expert), each with defined Voice Minute allowances and feature sets.
• "DPA" means Speako's data processing addendum (data processing agreement), available upon request, which governs Speako's processing of Customer Data and other personal information processed on behalf of the Subscriber.
• "Subprocessors" means third parties engaged by Speako to process data in connection with the Service (for example, telephony, AI, hosting, authentication, or email providers).

3. Service Description

Speako provides an AI-powered voice communication and booking management platform for businesses. The Service enables Subscribers to deploy AI voice agents that handle incoming phone calls, manage appointments, and communicate with End Users on the Subscriber's behalf, based on the Subscriber's configuration and data. The Service includes (without limitation):

• AI voice assistant capabilities for handling inbound calls
• Automated appointment scheduling, modification, and cancellation
• Customer communication tools including SMS confirmations
• Knowledge base management for AI agent training
• Business analytics, reporting, and call transcripts
• Dashboard for managing locations, staff, services, and bookings
• Call transfer to human agents
• API access (where available on your Subscription Plan)

The Service is not a substitute for emergency services, and you must not rely on the Service to route or respond to emergency calls.

4. License Grant

Subject to your compliance with the Agreement and payment of applicable fees, Speako grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription.

Except as expressly permitted in writing by Speako, you must not:

• Sublicense, resell, or redistribute the Service to third parties
• Modify, adapt, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any proprietary notices or labels on the Service
• Use the Service to build a competing product or service
• Access or use the Service in a manner intended to avoid fees or usage limits

5. Account Registration and Security

To use the Service, you must create an Account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Account, including activities of Authorised Users.

You must: (a) promptly notify Speako of any unauthorised access or use; (b) implement appropriate access controls within your organisation; and (c) not share credentials or permit access by unauthorised persons. Speako is not responsible for losses arising from compromised credentials or the Subscriber's failure to maintain adequate access management.

If you invite additional team members to your Account (subject to your Subscription Plan limits), you are responsible for their compliance with these Terms and for any actions they take within the Service.

6. Subscription Plans and Billing

The Service is offered through tiered Subscription Plans (Starter, Advance, Pro, and Expert), each with defined Voice Minute allowances, location limits, team member limits, and feature sets. Details of each plan are available on our Pricing page.

Billing cycle: Subscriptions are billed in advance on a recurring basis, either monthly or annually, depending on your selected billing period. All fees are quoted exclusive of GST and applicable taxes, which will be added at checkout.

Auto-renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We will charge the payment method on file for the applicable fees.

Payment method: A valid payment method (credit card or debit card) is required to subscribe. You authorise Speako to charge your payment method for all fees incurred. Payments are processed securely through Stripe. We do not store your full card details on our servers.

Currency: Fees are charged in the currency selected at the time of subscription (AUD, USD, EUR, GBP, CAD, or NZD). Currency cannot be changed after subscription without cancelling and resubscribing.

Payment failure: If a payment fails, Speako may immediately suspend access to the Service (in whole or in part) until the outstanding amounts are paid. Service will generally be restored once payment succeeds.

Plan upgrades: You may upgrade your Subscription Plan at any time. Upgrades take effect immediately, and you will receive a prorated allocation of additional Voice Minutes for the remainder of your current billing period. The price difference is charged on a prorated basis.

Taxes: You are responsible for all taxes, duties, and levies applicable to your use of the Service, except for taxes on Speako's income. If you are required by law to withhold any amount from payments to Speako, you must gross-up the payment so Speako receives the full amount invoiced, unless the parties agree otherwise in writing.

7. Free Trial

Speako may offer a free trial period for new Subscribers. The current trial offer is 7 days with 15 Voice Minutes included. The following terms apply to free trials:

• A valid payment method is required to start the trial.
• You will not be charged during the trial period.
• At the end of the trial period, your subscription will automatically convert to a paid subscription on your selected Subscription Plan, and your payment method will be charged.
• You may cancel at any time before the trial period ends to avoid being charged. Cancellation can be done through your Account settings.
• Unused trial Voice Minutes do not carry over to the paid subscription.
• Trial availability, duration, and included Voice Minutes are subject to change at Speako's discretion.
• Only one trial per business entity is permitted.

8. Voice Minutes and Usage

Each Subscription Plan includes a defined number of Voice Minutes per billing period. Voice Minutes are consumed when End Users interact with your AI voice agent via phone calls.

Metering: Usage is tracked in seconds and displayed as minutes (rounded to one decimal place). A Voice Minute is consumed for the duration of an active call, measured from when the AI agent connects to the caller until the call ends.

Included minutes: Included Voice Minutes are allocated at the start of each billing period. Unused included minutes do not carry over to the next billing period and expire at the end of the current period.

When minutes are exhausted: If your included Voice Minutes and any extra minute package balance are both exhausted, the Service will stop handling incoming calls until additional minutes are available. This may occur through the start of your next billing period (which grants new included minutes) or by purchasing an Extra Minute Package.

Usage alerts: We will notify you when your usage reaches approximately 70% of your included Voice Minutes for the current billing period.

Measurement and disputes: Speako's usage records are the authoritative basis for billing and minute consumption unless you can demonstrate a material error using objective evidence.

9. Extra Minute Packages

Subscribers may purchase additional Voice Minutes through Extra Minute Packages at any time. These packages are one-time purchases and are available in various sizes (e.g., 50, 100, 250, or 500 minutes). The following terms apply:

• Extra Minute Package minutes do not expire during an active subscription and carry over across billing periods.
• Extra minutes are consumed only after your included plan minutes are exhausted in a given billing period.
• Purchasing an Extra Minute Package when your service is stopped due to minute exhaustion will automatically restore your service.
• Extra Minute Packages are non-refundable once purchased.
• Package pricing is listed on your billing dashboard and may vary by currency.

10. Cancellation

You may cancel your subscription at any time through your Account settings or by contacting us at [email protected]. Upon cancellation:

• Your subscription will remain active until the end of your current billing period.
• You will not be charged for subsequent billing periods.
• No partial or prorated refunds will be issued for the unused portion of the current billing period.
• Unused included Voice Minutes will expire at the end of the current billing period.
• Any remaining Extra Minute Package balance will be forfeited upon cancellation.
• You will have 30 days from the end of your billing period to export your data before it is deleted in accordance with our data retention policies.

Cancellation does not affect any accrued rights or obligations, including payment obligations incurred before cancellation becomes effective.

11. Refund Policy

Subscription fees: Subscription fees are generally non-refundable. If you cancel your subscription, you will retain access until the end of your current billing period, but no refund will be issued for unused time.

Extra Minute Packages: Extra Minute Packages are non-refundable once purchased.

Free trial: If you cancel during your free trial period before it converts to a paid subscription, you will not be charged.

Exceptions: In exceptional circumstances, refund requests may be considered on a case-by-case basis at Speako's discretion. To request a refund, please contact us at [email protected] with details of your request.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement. If our Services come with guarantees that cannot be excluded under Australian Consumer Law, we are liable to you for a failure to comply with such a guarantee. For a major failure, you are entitled to cancel the Service and receive a refund for any unused portion, or to compensation for the reduction in value of the Service.

12. Fair Use Policy

The Service is intended for legitimate business communication purposes. You must not use the Service in a manner that constitutes abuse, circumvention, or that imposes an unreasonable burden on Speako, its infrastructure, or Subprocessors. The following are prohibited:

• Automated call flooding: Generating artificial or automated inbound calls to consume Voice Minutes or test system limits.
• Telemarketing or robocalling: Using the Service for outbound telemarketing, spam calls, or any form of unsolicited mass communication.
• Reselling: Reselling, redistributing, or providing access to the Service to third parties without Speako's prior written consent.
• API abuse: Making excessive API requests, scraping data, or using the API in a manner that degrades service quality for other Subscribers.
• Fraudulent use: Using the Service to conduct fraudulent, deceptive, or misleading activities.
• Circumvention: Attempting to bypass usage limits, billing mechanisms, or security measures.

Speako may investigate suspected violations and may suspend or terminate Accounts that violate this Section, including to protect the Service, other Subscribers, and third parties.

13. Acceptable Use

You must not use the Service for any unlawful purpose or in any way that interrupts, damages, or impairs the Service. In addition to Section 12, you must not:

• Violate any applicable laws, regulations, or industry codes of conduct
• Infringe upon the intellectual property or privacy rights of others
• Transmit malicious code, viruses, or other harmful software
• Attempt to gain unauthorised access to our systems, networks, or other Subscriber accounts
• Interfere with or disrupt the Service or the servers and networks connected to it
• Use the Service to store or transmit content that is unlawful, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Harvest or collect personal information of End Users for purposes unrelated to the Service
• Use, access, export, re-export, or transfer the Service in violation of applicable export controls or economic sanctions laws (including Australian, U.S., U.K., EU, and UN sanctions regimes)

You represent and warrant that you (and your Authorised Users) are not located in, organised under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive sanctions where access would be prohibited, and that you are not a restricted or denied party under applicable export control or sanctions lists.

14. Intellectual Property

Speako's IP: The Service, including its software, design, text, graphics, logos, and all other content and materials provided by Speako, is the exclusive property of Speako and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws. Except for the limited licence in Section 4, no rights are granted to you.

Your content: As between the parties, you retain all ownership rights in Subscriber Content. You grant Speako a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, and display Subscriber Content solely as necessary to provide, secure, maintain, and support the Service and as otherwise permitted by the Agreement.

Feedback: If you provide feedback, suggestions, or ideas regarding the Service, you grant Speako a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate the feedback without obligation to you.

15. Data Ownership and Responsibilities

Data protection roles: The parties acknowledge that data protection laws may apply to Customer Data and other personal information processed via the Service. For the purposes of those laws: (a) Speako acts as a data processor (or "service provider" / equivalent) in relation to Customer Data and any personal information contained in Subscriber Content that Speako processes on the Subscriber's documented instructions to provide the Service; and (b) Speako acts as a data controller (or equivalent) in relation to Account Data and certain Usage Data used for account administration, billing, fraud prevention, product analytics, and service improvement.

DPA: A DPA is available upon request. Where required by applicable law, the DPA will govern Speako's processing of Customer Data on your behalf, including security measures, Subprocessors, audit assistance, and international transfers.

Subscriber responsibilities: You are responsible for (i) determining your legal basis for processing Customer Data; (ii) providing legally required notices and obtaining any required consents (including for call recording and AI disclosures); (iii) ensuring that your use of the Service and your configurations comply with applicable law (including privacy, consumer protection, telecommunications, marketing, and employment laws); and (iv) responding to End User requests and regulatory inquiries relating to Customer Data.

Voice recordings, transcripts, and retention controls: Recording and transcript features are Subscriber-controlled and may be enabled or disabled by the Subscriber in the Service (or via configuration where offered). You are responsible for obtaining any legally required consent to record calls and to create and store transcripts. Where functionality is available, you may manage retention and deletion of recordings and transcripts through the dashboard. Unless you delete earlier (or instruct Speako to delete), Speako will generally retain transcripts and related call metadata for the duration of the Subscriber's Account, and will retain and delete recordings, transcripts, and related data in accordance with the Agreement, the Subscriber's documented instructions, and applicable law.

No biometric identification: The Service is not designed to perform and Speako does not perform biometric identification, voiceprint identification, or voiceprint recognition for the purpose of uniquely identifying an individual. Speako does not create biometric templates or voiceprints for identity verification.

Prohibited biometric use: You must not (and must not permit any third party to) use the Service to collect, capture, store, or process biometric identifiers or biometric information (including voiceprints) for identification or authentication purposes, including as those terms may be defined under laws such as the Illinois Biometric Information Privacy Act (BIPA) or similar laws.

AI training restriction: Speako does not use Customer Data to train publicly available or general-purpose AI models. Speako may use Usage Data and aggregated and/or de-identified analytics to operate, maintain, and improve the Service.

International data transfers: The Service is operated from Australia and may involve processing and storage in Australia and other jurisdictions where Speako or its Subprocessors operate (including the United States and other locations). Where required by applicable law, Speako will implement appropriate safeguards for international transfers (for example, contractual protections such as standard contractual clauses or equivalent mechanisms).

16. AI Disclaimer

The Service uses artificial intelligence to generate voice conversations, assist with bookings, and interact with End Users. You acknowledge and agree that:

• AI limitations: AI-generated content may be inaccurate, incomplete, misleading, or inappropriate. Speako does not warrant the accuracy, completeness, or reliability of any AI-generated output, transcription, or booking outcome.
• No public model training on Customer Data: Speako does not use Customer Data to train publicly available or general-purpose AI models.
• Human oversight: You are responsible for configuring the AI agent, monitoring outcomes, and applying appropriate human oversight, including review of bookings, customer communications, and any automated actions.
• No professional advice: The Service is a communication and scheduling tool and does not provide legal, medical, financial, or other professional advice. You must not rely on AI outputs as a substitute for professional advice.
• Disclosure obligations: Certain jurisdictions require disclosure that a caller is interacting with an AI system and/or that calls may be recorded. You are responsible for ensuring greetings, scripts, notices, and disclosures comply with applicable law.
• High-risk use: You must not use the Service for making or materially influencing decisions with legal or similarly significant effects on individuals (such as eligibility for credit, employment, housing, insurance, or medical diagnosis) without appropriate human review and compliance processes.

To the extent permitted by law, Speako is not responsible for actions you take (or fail to take) based on AI outputs, and you remain solely responsible for your business decisions and legal compliance.

16A. Telephony, Booking, and Communication Disclaimer

The Service handles inbound phone calls, appointment scheduling, and messaging (including SMS) on your behalf using AI and third-party infrastructure. You acknowledge and agree:

• No guaranteed call handling: Speako does not guarantee that every inbound call will be answered, connected, or handled successfully. Calls may be missed, dropped, or incorrectly routed due to system issues, third-party outages, network conditions, capacity limits, or other factors beyond Speako's reasonable control.
• Booking accuracy: While the Service is designed to manage appointments, Speako does not guarantee the accuracy of bookings, availability checks, or scheduling outcomes. Bookings may be made for incorrect times, dates, services, or staff, or may result in double-bookings. You are responsible for monitoring and verifying bookings made through the Service.
• SMS and notification delivery: SMS confirmations and other notifications are sent through third-party providers and are subject to carrier delivery, network conditions, and recipient device availability. Speako does not guarantee that any SMS or notification will be delivered, delivered on time, or received by the intended recipient.
• Not a telecommunications service: The Service is not a regulated telecommunications service, telephone answering service, or call centre. Speako does not provide dial tone, PSTN origination or termination, or guaranteed voice carriage. The Service should not be used as a sole or primary means of receiving critical or time-sensitive communications.

Recording and disclosure system limitations: While the Service may include features to play disclosures or announcements to callers (such as recording notifications or AI interaction disclosures), Speako does not guarantee that such features will operate without error in every call. You remain solely responsible for compliance with all applicable recording consent, AI disclosure, and telecommunications laws, and should implement independent compliance measures where required and not rely solely on the Service for regulatory compliance.

Business continuity: The Service is not designed as a sole communication channel for your business. You are responsible for maintaining alternative means of receiving customer communications (such as a backup phone line, voicemail, or online booking system) in the event the Service is unavailable. Speako is not liable for business losses arising from your reliance on the Service as your only channel for customer communication.

Data integrity: While Speako uses commercially reasonable measures to maintain the integrity of booking records, customer data, and call metadata stored through the Service, Speako does not guarantee against data loss or corruption. You are responsible for maintaining your own records and backups of critical business data.

17. Third-Party Services

The Service integrates with and relies upon Subprocessors and other third-party services to deliver functionality. These include (without limitation):

• Twilio: Telephony infrastructure, phone number provisioning, and SMS delivery
• ElevenLabs: Conversational AI voice technology
• OpenAI: Natural language processing
• Stripe: Payment processing
• Clerk: Authentication and user management
• SendGrid: Email delivery
• Cloudflare: Infrastructure and file storage

Your use of the Service may be subject to third-party terms and policies. Speako is not responsible for the performance, availability, or acts or omissions of third-party services. Changes or disruptions to third-party services may affect availability or functionality of the Service.

18. Service Availability

Speako aims to make the Service available, but does not guarantee uninterrupted or error-free operation. The Service is provided on an "as is" and "as available" basis. Speako may perform maintenance, updates, or changes that may affect availability. Where practicable, Speako will provide advance notice of planned maintenance.

Unless expressly agreed in writing, Speako does not provide a service level agreement (SLA) with guaranteed uptime. Speako will use commercially reasonable efforts to minimise downtime and address incidents.

You acknowledge that the Service depends on real-time connectivity to third-party telephony, AI, and infrastructure providers, and that disruptions to any of these may result in the Service being wholly or partially unavailable, including the inability to answer or process incoming calls. Speako is not liable for losses arising from such disruptions.

19. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Speako does not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Service will be accurate or reliable; or (d) any errors in the Service will be corrected.

Nothing in this section excludes or limits warranties, guarantees, rights, or remedies that cannot be excluded or limited under applicable law, including under the Australian Consumer Law.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Speako and its directors, officers, employees, contractors, agents, suppliers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, goodwill, or anticipated savings, arising out of or in connection with the Agreement or the Service.

To the maximum extent permitted by applicable law, Speako's total aggregate liability for all claims arising out of or in connection with the Agreement or the Service will not exceed the total fees paid by you to Speako in the twelve (12) months immediately preceding the event giving rise to the claim.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, statutory, or otherwise) and even if Speako was advised of the possibility of such damages. Nothing in the Agreement excludes liability that cannot be excluded or limited by law (including liability for fraud).

21. Indemnification

You will indemnify, defend, and hold harmless Speako, its officers, directors, employees, contractors, and agents from and against any third-party claims, demands, proceedings, liabilities, damages, losses, fines, penalties, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Your Subscriber Content, Customer Data, or instructions (including claims that the content or data infringes or misappropriates rights, or is unlawful)
• Your violation of any applicable law or the rights of any third party (including privacy, telecommunications, marketing, and consumer laws)
• Any claims by End Users or third parties relating to the actions, omissions, representations, or decisions of your AI voice agent, or your business practices
• Your failure to obtain required notices or consents (including for call recording, transcription, AI disclosure, marketing communications, and data processing)

Speako may, at its option, participate in the defence with counsel of its choosing at its own expense. You must not settle any claim in a manner that imposes any obligation or admission on Speako without Speako's prior written consent (not to be unreasonably withheld).

22. Suspension and Termination

By Speako: Speako may suspend or restrict access to the Service (in whole or in part) and/or terminate the Agreement immediately if: (a) you breach the Agreement; (b) your payment fails and remains unresolved; (c) Speako reasonably believes suspension is necessary to comply with law, a court order, or a request from a regulator; (d) your use poses a security risk, creates material legal exposure, or threatens harm to the Service, other Subscribers, End Users, or third parties; (e) you engage in prohibited use under Sections 12 or 13; or (f) your Account is inactive for an extended period and Speako provides reasonable notice where practicable.

By you: You may terminate by cancelling your subscription through the dashboard or by contacting [email protected]. Termination will take effect at the end of the current billing period, unless you and Speako agree otherwise.

Effect of termination: Upon termination, your right to use the Service ceases (immediately if Speako terminates for cause, or at the end of your billing period if you cancel voluntarily). You will have up to 30 days from the effective date of termination to export Subscriber Content and Customer Data, subject to technical limitations and legal requirements. After this period, Speako may delete your data in accordance with the Agreement and Privacy Policy. Termination does not relieve you of any obligation to pay outstanding fees.

Survival: Sections relating to intellectual property, limitation of liability, indemnification, governing law, and any accrued payment obligations shall survive termination of these Terms.

23. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or failures of third-party service providers.

24. Governing Law and Dispute Resolution

Good faith negotiation: Before initiating formal proceedings, the parties will attempt to resolve any dispute through good faith negotiations for at least 30 days after written notice of the dispute.

Non-U.S. Customers: If you are not a U.S. Customer, the Agreement is governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

U.S. Customers — Optional Arbitration and Class Action Waiver: If you are a U.S. Customer (meaning your principal place of business is in the United States or your primary use of the Service is in the United States), you and Speako agree that any dispute may be resolved by binding arbitration on an individual basis, as set out below. This arbitration agreement is governed by the U.S. Federal Arbitration Act.

• Opt-out: You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting the Agreement, stating your legal entity name, Account email domain, and that you opt out of arbitration.
• Arbitration rules and forum: Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration may be conducted remotely by video conference, or in New York, New York, at Speako's election.
• Individual proceedings only: You and Speako agree that claims will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.
• Injunctive relief: Nothing prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse of intellectual property, unauthorised access, or security breaches.

Governing law for U.S. Customers: Except as required by the Federal Arbitration Act for the arbitration agreement, the Agreement is governed by the laws of New South Wales, Australia.

25. Changes to Terms

We reserve the right to modify these Terms at any time. If a revision is material, we will provide at least 30 days' notice before the new terms take effect, via email to the address associated with your Account or through a prominent notice on the Service.

What constitutes a material change will be determined at our reasonable discretion. By continuing to access or use the Service after revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

26. General Provisions

Entire agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Speako regarding the Service and supersede all prior agreements, understandings, and communications.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms without affecting the validity of the remaining provisions.

Waiver: No failure or delay by Speako in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

Assignment: You may not assign or transfer the Agreement without Speako's prior written consent, which must not be unreasonably withheld, delayed, or conditioned. Notwithstanding the foregoing, you may assign the Agreement to an Affiliate or in connection with a merger, reorganisation, or sale of all or substantially all of your assets, provided you give Speako notice and the assignee agrees in writing to be bound by the Agreement. Speako may assign the Agreement without your consent in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets.

Notices: All notices to you will be sent to the email address associated with your Account. All notices to Speako should be sent to [email protected].

Relationship: The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, employment relationship, or agency relationship between the parties.

27. Contact Us

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

• Company: Speako Pty Ltd
• Email: [email protected]
• Website: www.speako.ai