Last updated: September 16, 2020
Please read this Terms of Service Agreement (“Agreement”) carefully before using LilySpeech (“Application”).
By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and LilySpeech and it governs your use of the Application made available to you by LilySpeech.
If you do not agree to the terms of this Agreement, do not download or use the Application.
The Application is licensed, not sold, to you by LilySpeech for use strictly in accordance with the terms of this Agreement.
Market Research
The free version of LilySpeech is made possible by doing market research in the background. While there are many examples of what this might entail, the most common example would be a business looking to measure their visibility in search engines such as Google, Bing or Yahoo.
As a practical example, a national insurance company may wish to know where they come up in Google when you search for ‘auto insurance’ within the city of Seattle, or Chicago, or Dallas, etc.
As a LilySpeech user with a unique location and profile, you can provide insight to these companies that nobody else can.
These activities use a dedicated browser meaning no history from these activities will appear in your history or browsing activity. These activities are completely invisible meaning you will never be interrupted or inconvenienced.
Examples of the types of marketing activity that may occur include but are not limited to:
- Checking and verifying websites positions in search engines for different search terms
- Ad placement verification
- Competition price checking
- Website uptime monitoring
At no point will any market research be performed in the background that relates to the following industries:
- Adult entertainment
- Gambling
- Pharmaceutical products
- Any other gray/illegal market
At no point will any of these activities be malicious in intent or violate local, state, or federal law.
License
LilySpeech grants you a revocable, non-exclusive, non-transferable, limited license to use the Application strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) LilySpeech or its affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property LilySpeech.
Users may cancel their subscription at any time. There will be no further charges and they will retain the use of their premium account until the end of the annual period they have already paid for.
There are no refunds once an annual subscription fee has been paid.
Privacy Policy
LilySpeech collects, stores and maintains information about you. This information will not be shared with any third parties but will be used for our internal marketing purposes.
LilySpeech respects the privacy of its users. None of your dictation passes through our servers. The actual speech-to-text conversion is handled by Google and you can read their terms of service here:
https://policies.google.com/terms?hl=en-US
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to LilySpeech with respect to the Application shall remain the sole and exclusive property LilySpeech.
LilySpeech shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
LilySpeech reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
LilySpeech may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that LilySpeech has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that LilySpeech shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. LilySpeech does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or LilySpeech.
LilySpeech may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from LilySpeech, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any LilySpeech’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold LilySpeech and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, LilySpeech, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, LilySpeech provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither LilySpeech nor any LilySpeech’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf LilySpeech are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability LilySpeech and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall LilySpeech or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if LilySpeech or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
LilySpeech reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law
The laws of Ontario, Canada, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Contact Information
If you have any questions about this Agreement, please contact us.
Entire Agreement
The Agreement constitutes the entire agreement between you and LilySpeech regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and LilySpeech.
You may be subject to additional terms and conditions that apply when you use or purchase other LilySpeech’s services, which LilySpeech will provide to you at the time of such use or purchase.