1. General

The VirtualSpeech website ("Website") and VR application ("App") and related services (together with the Website, the "Service") are operated by VirtualSpeech Ltd. ("VirtualSpeech," "us," or "we"). Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications.

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and VirtualSpeech reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

 

2. Description of Website and Service

The Service allows users to (i) practice their soft skills within virtual reality (VR) (ii) get feedback on their performance (iii) learn about soft skills through our app and website.

 

3. Payments and Subscription

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as invoice or direct debit) for those fees. VirtualSpeech works with third party payment processing partners (PayPal and Stripe) to offer you the most convenient payment methods in your country and to keep your payment information secure.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

Access to individual course purchases through the Website are for 12 months from the date of purchase.

By signing up to the monthly or yearly subscription service from the 6th July 2021 onwards, you agree to the terms of the subscription, outlined on the sales page before you signed up. If you signed up for our subscription service, the subscription automatically renews unless auto-renew is turned off or you contact info@vitualspeech.co.uk asking for your subscription to be cancelled, at least 24-hours before the end of the current period. The account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal agreed on original sign-up. For app subscription through iTunes, the payment will be charged to iTunes Account at confirmation of purchase. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

 

4. Your Representations and Warranties

You represent and warrant to VirtualSpeech that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of England and Wales, and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the U.K. and/or the jurisdiction in which you reside.

 

5. Inappropriate Use

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in VirtualSpeech’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose VirtualSpeech or its users to any harm or liability of any kind.

You also are not allowed to:

• Share your password, let anyone access your account, or do anything that might put your account at risk.
• Attempt to access any other user's account.
• Share your unlocked VR content with other people, unless specifically authorized to do so.
• Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
• Register for more than one account.
• Impersonate or misrepresent your affiliation with any person or entity.

 

6. Third Party Headsets

Our Software is designed to provide additional functionality with certain third party virtual reality headsets ("Headsets"). You should carefully review the terms and conditions, health warnings and all setup and operating instructions for such Headsets. We’re not responsible or liable in any way for any personal injury, property damage, or any other issue you may have resulting from your use of a Headset.

 

7. Third Party Services for Speech Analysis and AI

Users can receive feedback on their speech from the app and website. For this feature, we use the Amazon Polly and AWS Transcribe tools. Visit the AWS website for more information on their data usage policy.

AI is used in various parts of the application. The service we use for AI does not use data submitted by our customers to train or improve their models. Any data sent through their API will be retained for abuse and misuse monitoring purposes for a maximum of 30 days, after which it will be deleted.

 

8. Indemnification of VirtualSpeech

You agree to defend, indemnify and hold harmless VirtualSpeech and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions.

 

9. App License

Subject to the terms of these Terms and Conditions, VirtualSpeech grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof.

VirtualSpeech and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and VirtualSpeech, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

You and VirtualSpeech acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and VirtualSpeech acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, VirtualSpeech, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.

You must comply with applicable third party terms of agreement when using the App. You and VirtualSpeech acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the App, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

 

10. Refund Policy

VirtualSpeech will offer you a refund until 7 days after payment, or until you have completed either 20% of the online classes or spent over 15 minutes in VR, whichever is earlier. The refund does not cover the cost of the VR headset if you purchased one with the course. After this time, VirtualSpeech will use reasonable efforts to resolve the issue. To submit a valid claim for a refund, a user must contact VirtualSpeech within the 7 day period, and respond to VirtualSpeech’s requests for information or cooperation.

 

11. NO REPRESENTATIONS OR WARRANTIES BY VIRTUALSPEECH

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY VIRTUALSPEECH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. VIRTUALSPEECH AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIRTUALSPEECH DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

12. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

IN NO EVENT WILL VIRTUALSPEECH BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF VIRTUALSPEECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIRTUALSPEECH’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VIRTUALSPEECH FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

 

13. Termination

VirtualSpeech may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your VirtualSpeech account at any time by following the instructions available through the Service.

The provisions of these Terms and Conditions relating to the protection and enforcement of VirtualSpeech’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

 

14. Proprietary Rights in Service Content

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of VirtualSpeech or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. All rights of VirtualSpeech or its licensors that are not expressly granted in these Terms and Conditions are reserved to VirtualSpeech and its licensors.

 

15. Trademarks

"VirtualSpeech" and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of VirtualSpeech or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the VirtualSpeech name or any VirtualSpeech or third-party trademarks, service marks, graphics or logos.

 

16. Privacy

Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.

 

17. Copyright and Trademark Policy

VirtualSpeech respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to VirtualSpeech pursuant to the DMCA by providing us with the following information in writing:

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

 

18. Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

 

19. Miscellaneous

These Terms and Conditions constitute the entire agreement between VirtualSpeech and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

A waiver by VirtualSpeech or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. VirtualSpeech may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of VirtualSpeech and you, and VirtualSpeech’s and your respective successors and permitted assigns.

 

20. How to Contact Us

The best way to get in touch with us is through our contact form. We'd love to hear your questions, concerns, and feedback about our Services.