Terms and Conditions
RHETORICH USER TERMS AND CONDITIONS
The MySpeaker Rhetorich is a technology developed by MySpeaker Oy (business ID: 2907553-2) (“Rhetorich”) designed to deliver better verbal communication outcomes using AI technology and world class coaches (“Service”).
These user terms and conditions (“Terms”) apply to user’s (“User”) access to and use of the Service. These Terms are effective as of the date User first accept them via an online click-through.
An organization or other third party that are referred in these Terms as “Customer” has invited or authorized the User to access the Service. Customer, such as the employer of the User, has separately agreed to Rhetorich Customer Terms or entered into a written agreement with Rhetorich (“Agreement”). When the User submits content or information to the Service, such as videos (“Customer Material”), the User acknowledge and agree that the Customer Material is owned by Customer and used by Rhetorich to further develop the underlying AI technology of the Service.
User agrees that the Service is always provided in accordance with the standard features and functionalities Rhetorich from time to time makes generally available to the User of the Service, and that Rhetorich may in its discretion make changes or alterations (including additions and deletions) to any of the features and functionalities as well as the look and feel of the Service.
2. ACCESS TO THE SERVICE
During the term of the Agreement, Rhetorich grants User a right to access the Service in accordance with the Terms and upon Customer’s payment of fees agreed in the Agreement. User’s right is limited, non-exclusive, and non-transferable (except as permitted below) access to use the Service for User’s personal and non-commercial purposes.
The access granted to the User above does not, however, permit User to: a) use the Service for any other commercial or non-commercial purpose than as indicated by Rhetorich from time to time; b) modify, adapt, translate, rent, lease, resell, distribute, or create derivative works based upon the Service and/or related files or any part thereof (except to the limited extent permitted under mandatory applicable law), or use the Service to provide services to or permit the use of the Service by third parties; and/or c) use the documentation relating to the Service for any purpose other than to support User’s use of the Service or for User’s personal instruction or purposes reasonably incidental thereto. The User shall apply with any acceptable use policy of the Service available from time to time.
Rhetorich and/or its licensors own all rights, title, and interest (including all intellectual property rights) in and to the Service (including its look and feel) and the related manuals and other documentation, and any subsequent amendments, modifications, enhancements, updates, and upgrades made thereto, supplied or made available to the User in these Terms and in the Service.
User understands and agree that no rights or licenses are granted, transferred or assigned to User under these Terms other than the limited rights to use the Service. Rhetorich and/or its licensors reserve all rights not expressly granted to the User hereunder.
Rhetorich has the right to suspend or terminate User’s access to the Service due to Customer’s or User’s failure to comply with the obligations set out in the Agreement and these Terms. Upon termination or expiration of the Agreement, the User will not have any further use of or access to the Service or Customer Material uploaded in the Service. All rights granted to the User under these Terms will end.
3. USE OF the service
The first time User accesses the Service, User is asked to submit the required details for completing the initialization of the Service. User is responsible to safeguard any of User’s identifiers, passwords and usernames related to the Service. User is responsible for any use of the Service that occurs under User’s identifiers, passwords or usernames regardless of the identity of the User. User must notify Rhetorich immediately if there is a reason to believe that User’s identifiers, passwords or usernames have been accessed by an unauthorized third party. User is released from User’s liability for unauthorized use of the Service after User have notified Rhetorich as provided above.
User is responsible for obtaining and maintaining all necessary accounts, operating systems, devices, applications, and data connections required for User to use the Service. Rhetorich agrees to inform the general requirements for the foregoing, and also if these change at any point. User accepts that Rhetorich is not obligated to provide the Service on platforms or systems not supported by Rhetorich from time to time.
4. errors and releases
Rhetorich endeavours to ensure that the Service will perform substantially in accordance with its accompanying documentation (provided that the Service is properly used for purposes for which it was designed and in accordance with these Terms) and that the documentation correctly describes the operation of the Service and the underlying software in all material respects.
Rhetorich will endeavour to correct within reasonable time any errors or defects in the Service it becomes aware of either though having itself noticed it or after being notified of an error or defect by users of the Service. User agrees, however, that correction of errors or defects is always at Rhetorich’s discretion and that all errors or malfunctions in the Service (specifically those that do not substantially affect the use of the Service) may not be corrected.
In addition to maintenance releases, Rhetorich may, at its sole discretion, provide also other updates or upgrades to the Service, such as new versions and other releases and improvements.
Rhetorich shall not be responsible for any errors or defects in the Service, or any related losses, damages or expenses, that are caused by errors or defects in third party systems, software, applications or databases used in the provision of the Service.
5. Privacy and data protection
6. limitation of liability
Rhetorich’s liability is limited and excluded to the maximum extent permitted under applicable law. Rhetorich will not be liable for any direct or indirect loss or damage arising out of or relating to the use of the Service under these Terms.
Rhetorich may revise these Terms at any time and such revised terms and conditions shall apply as from the date notified by Rhetorich in connection with the revision. Usually, the revised terms and conditions are distributed with a new release or version of the Service and become applicable when User starts using that release or version.
Rhetorich shall have the right to transfer any outstanding accounts to a third party with a written notice to User.
8. Governing law and resolution of disputes
These Terms shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions. Disputes arising from these Terms shall be resolved by the competent courts of Finland.
Rhetorich is a Service intended for use mainly by businesses and organizations. Should the User access the Service as a consumer, User cannot be deprived of the rights granted to User by the mandatory consumer protection laws of User’s country of domicile. As a consumer, the User institute proceedings in the competent court of his/her domicile. If the consumer is domiciled in the EU, the consumer and Rhetoric may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found at www.ec.europa.eu/odr. The consumer may also refer a dispute to the consumer disputes board or other corresponding out-of-court institution in his/her domicile (such as the Finnish Consumer Disputes Board, by first contacting the Consumer Advisory Service www.kkv.fi/kuluttajaneuvonta).