TERMS OF SERVICE

Last updated December 29, 2024

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PROHIBITED ACTIVITIES
  6. USER GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. GUIDELINES FOR REVIEWS
  9. SOCIAL MEDIA
  10. SERVICES MANAGEMENT
  11. PRIVACY POLICY
  12. TERM AND TERMINATION
  13. MODIFICATIONS AND INTERRUPTIONS
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  22. MISCELLANEOUS
  23. REFUND POLICY
  24. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you and me, Ujjwal Raj Nepal ("I," "me," or "my"), concerning your access to and use of the https://farspeak.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is my proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by me or licensed to me, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms of Service;
  4. You are not under the age of 18;
  5. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  6. You will not use the Site for any illegal or unauthorized purpose;
  7. Your use of the Site will not violate any applicable law or regulation.

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. I reserve the right to remove, reclaim, or change a username you select if I determine, in my sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which I make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from me.
  2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use the Site to advertise or offer to sell goods and services.
  4. Circumvent, disable, or otherwise interfere with security-related features of the Site.
  5. Engage in unauthorized framing of or linking to the Site.
  6. Trick, defraud, or mislead me and other users, especially in any attempt to learn sensitive account information such as user passwords.
  7. Make improper use of my support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. Attempt to impersonate another user or person or use the username of another user.

6. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to me or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to me an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

8. GUIDELINES FOR REVIEWS

I may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. You should have firsthand experience with the person/entity being reviewed;
  2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. Your reviews should not contain references to illegal activity;
  5. You should not be affiliated with competitors if posting negative reviews;
  6. You should not make any conclusions as to the legality of conduct;
  7. You may not post any false or misleading statements;
  8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

9. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing me to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

10. SERVICES MANAGEMENT

I reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in my sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in my sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in my sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to my systems; and (5) otherwise manage the Site in a manner designed to protect my rights and property and to facilitate the proper functioning of the Site.

11. PRIVACY POLICY

I care about data privacy and security. Please review my Privacy Policy. By using the Site, you agree to be bound by my Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States.

12. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, I RESERVE THE RIGHT TO, IN MY SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.

13. MODIFICATIONS AND INTERRUPTIONS

I reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at my sole discretion without notice. I also reserve the right to modify or discontinue all or part of the Site without notice at any time.

14. GOVERNING LAW

These Terms shall be governed by and defined following the laws of the United States. Farspeak and yourself irrevocably consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

15. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the United States courts. I shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

16. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

17. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND MY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL I OR MY DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold me harmless, including my subsidiaries, affiliates, and all of my respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

20. USER DATA

I will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although I perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending me emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications I provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

22. MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by me on the Site or in respect to the Site constitute the entire agreement and understanding between you and me. My failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

23. REFUND POLICY

In Short: I offer a 14-day refund period for my Services.

Refund Period

You have the right to cancel your order and receive a full refund within 14 days of your purchase, without giving any reason. The cancellation period will expire after 14 days from the day of purchase.

Eligibility for Refunds

To be eligible for a refund:

How to Request a Refund

To request a refund, please contact my support team at hello@farspeak.ai with:

Refund Process

Once your refund request is received:

Exceptions

Refunds may be denied in the following cases:

24. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact me at:

Email: hello@farspeak.ai