Speak terms and conditions
(updated October 24, 2017)
acceptance of terms & conditions
You agree to be bound by our Terms & Condition if you click accept in the sign-up process on our mobile application or otherwise use our services as described below. If you do not agree to the Terms & Conditions, you may not activate or use the Services. Once you have accepted our Terms & Conditions they constitute a binding agreement between you and Speak.
amendments of terms & conditions
Please, review the Terms & Conditions on a regular basis, since Speak from time to time may change the Terms & Conditions. Such changes will be published on our website, www.speak.global , and on our mobile applications. The changes will be effective when published. You understand and agree that your express acceptance of the amended Terms & Conditions, or if you continue to use our services after the date of publication, shall constitute your agreement to the updated Terms & Conditions. You agree that if you do not accept any amendment to the Terms & Conditions, then you shall immediately stop accessing and/or using our services.
The service provided from Speak allows you to make cheap international calls and/or switch to a local SIM card when abroad, but still being able to make and receive calls on your original phone number at local rates. Our service will allow you to make calls to conventional telephone numbers around the world (see our website for information on countries supported). The calling services enable you to place voice calls over the public switched telephone network, terminating on both fixed and mobile telephony networks. We are for instance using virtual local landline numbers and routing parts of the call over the internet.
We can offer termination in several countries around the world, as listed under “Coverage” on our website, but we cannot guarantee that we support termination in all countries or to all phone numbers or to all carriers or that we always will support termination to any particular country or phone number or carrier. We make no representation that our services are available for use in any particular location. Note that certain parts of the call will be routed over the Internet.
definition of our services
All our services, products, features, functionalities and/or interactions as set forth in this document or presented on our website or in our mobile application or otherwise provided or made available to you by Speak from time-to-time, as well as the mobile application and our website shall collectively be referred to in these Terms & Conditions as our services. The term services shall also include/refer to any and all software and all types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by us or you in relation to the use of the website or our mobile application or otherwise provided in relation to the provision of the services.
intellectual property rights, licenses etc.
In consideration of you agreeing to abide by the Terms & Condition set fourth in this document, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the mobile application, the website and other parts of the services provided or made available to you by Speak. You may download a copy of the mobile application onto a device which you control and to view, use and display the mobile application on the devices for your personal purposes only. We reserve all other rights.
reverse engineering, etc.
You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the software, the mobile application, website or, to the extent applicable, any other part of our services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the software. You acknowledge that you have no right to have access to the mobile application or other parts of the services (where applicable) in source-code form.
open source software
The software may contain open source software. Any use, reproduction and distribution of components of the software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms & Condition shall apply with priority over such open source software license.
ownership, IPR etc.
All ownership and intellectual property rights in or to the software, the mobile application, the website or, to the extent applicable, other parts of the services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Speak, or Speak’s licensors, and nothing in these Terms & Condition shall constitute or be interpreted as a transfer of any such rights from Speak to you or anyone else. You are, as stated above, solely entitled to the limited license to the services specifically granted under this the Terms & Conditions. For the purpose of clarification; nothing in these Terms & Conditions give you a right to use any of Speak’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the services provided to you.
termination of license
The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms & Conditions. Furthermore, Speak has the right to, in its sole discretion, at any time remove any materials posted to the website.
use of the services
You agree to use the services only in such way that is permitted by these Terms Conditions and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations). It is your responsibility to ensure that you are legally allowed to use the services where you are located. If any laws applicable to you restrict or prohibit you from using the services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the services.
not a traditional phone service
You acknowledge and understand that the voice communication service provided by Speak is not a traditional telephone service or a replacement for your primary elephone service. Important distinctions (some, but not necessarily all, of which are described in these Terms & Conditions) exist between the traditional telephone service and the voice communication service provided by Speak.
changes in services
You acknowledge that the products, features or functions or other parts of the services may change over time. Speak may without prior notice to you change the form and nature of the services. This may inter alia lead to that future versions of the software or the mobile application may be incompatible with applications developed on or with previous versions. Furthermore, Speak may stop (permanently or temporarily) providing the services to you or to users generally, at Speak’s sole discretion and without prior notice to you. Speak may make updates of the software, the mobile application or other parts of the services at any time, but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the software, mobile application or other parts of the services (where applicable).
personal use only
The services are for your individual use. You shall not resell or commercialize the services to any third party.
data, content, etc., responsibilities
You agree that you are solely responsible (and that Speak has no responsibility to you or any other third party) for any data, content, or resources that you transmit by using the services, and for the consequences of such actions (including any loss or damage which Speak or any third party may suffer).
If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the services, you may not use our services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the services where you are located.
third party services, including providers/carriers
You acknowledge that the use of our services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator/carrier (“provider”). You acknowledge and agree that the services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. Note that some providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the services, and may also impose additional fees in connection with the use of the services. You are solely responsible for verifying with your mobile operator (or any other provider that you are using in relation to the use of the services) that the use of the services is permitted in accordance with any contractual obligations you may have with that provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by Speak, the call may be charged by your provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy).
In order to use Speaks services, you are required to register as a user with Speak. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for our services, as well as any additional information provided or any amendments made by you. Subject to such registration you will receive access to your Speak account (the “account”).
We recommend that you choose a passcode to your account that is hard to guess and keep it secure. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passcode or other data. Speak has the right to change your passcode and account name at any time in our sole discretion and without notice.
unauthorized use, stolen device
You are fully responsible towards Speak for all (including any fraudulent) use of the services which is or can be connected to your account. Thus, you are solely responsible for all activities that occur on or under the account, regardless of whether the activities are undertaken by you or a third party and whether or not authorized. Speak is not responsible for any unauthorized access to the account. You are required to contact Speak immediately to suspend the services and block your account if you suspect that your mobile phone or other device you are using the services on your device is stolen or otherwise that an unauthorized third party may be using the account or if your passcode or any other account information is lost or stolen. You are responsible for all charges to your account until Speak’s services are suspended and the account is blocked. You may terminate the account and cancel our service at any time in accordance with the instructions below regarding termination and suspension of our services. Speak takes no responsibility for your failure to comply with the obligations in this section regarding unauthorized use, stolen device.
prohibited use and restrictions
You agree to use Speaks services only in such way that is permitted by these Terms & Conditions and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the services. Examples of prohibited conduct, which shall not be considered exhaustive, include (1) Using the Services for any unlawful purpose, or in any manner inconsistent with the Terms & Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the mobile application, any services or any operating system; (2) Infringing Speak’s intellectual property rights or those of any third party in relation to your use of the services (to the extent that such use is not licensed by these Terms & Conditions); (3) Transmitting any communications that is defamatory, offensive or otherwise objectionable in relation to your use of services; (4) Using the services for transmitting unsolicited communications (sometimes referred to as “spam”), or any communication not permitted by applicable law or use the service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity; (5) You must not use the services in a way that could damage, disable, overburden, impair or compromise Voxtreams’s or any third party’s systems or security or interfere with other users; (6) Collecting or harvest any information or data from the services or our systems or attempt to decipher any transmissions to or from the servers running the services; (7) Submitting or posting to the website, or otherwise expose any third party to or use any material or content which infringe any third party’s intellectual property rights or violate the rights of any third party; (8) Submitting or posting to the website, or otherwise expose any third party to any material or content which is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise, in Speaks sole discretion, is objectionable; (9) Intercepting or monitoring, damaging or modifying any communication which is not intended for you; (10) To sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the services (or any part thereof); (11) To use the Services (or any part thereof) within or to provide commercial products or services to third parties (the foregoing shall not preclude you using the services for your own business communications); and/or (12) Using the account, website, mobile application, software, or parts of the services in any fraudulent way. Not limiting the generality of the aforesaid, the following practices are always considered unauthorized use: re-selling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; calling numbers (whether singly, sequentially or automatically) to generate income for yourself. Unusual calling patterns inconsistent with normal, individual subscription use may also be considered unauthorized use. Speak reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Excessive conferencing or call forwarding, excessive numbers of regular calls of short duration, calls to multiple numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue and/or consistent excessive usage will be considered indicators of such unauthorized or excessive use. Speak may, at its option, immediately suspend the services in relation to you and/or terminate the Terms & Conditions with you if Speak determines you are using your unlimited deal in breach of the Terms & Conditions.
submission of information to speak
You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of Speaks services or otherwise in your contacts with Speak (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and nonconfidential basis. You grant Speak a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.
disclosure of information
Speak reserves the right at all times to disclose any information as Speak deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Speak’s sole discretion.
You expressly acknowledge and agree that use of Speaks services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the services or that the services will be uninterrupted or error-free, or that defects in the services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that Speak cannot guarantee that information or communications transmitted in relation to the use of services will not be subject to interception by law enforcement officials or other third parties.
suspension and interruption of Speaks services
Speak has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt our services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the service, or for any of the reasons for termination set forth in the Terms & Conditions, or any business reason.
Content of communication
The content of the communications made using Speaks services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Speak will not be liable for any type of communication spread by means of our services.
no emergency calls
Speaks services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Speak is not liable in any manner for such calls. In the event that, with your permission, another user uses your account, you are responsible to inform that user that our services do not support or carry emergency calls. You must ensure that you, or anyone using your account or device, have alternative arrangements for making any such calls.
phone numbers provided
Speak may, as part of the technical setup of our services, pair you with one or more phone numbers. These phone numbers are shared by multiple Speak users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by Speak to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party or otherwise away from Speak. The phone numbers provided by Speak do not and are not intended to support messaging via SMS, MMS nor FAX, etc.
calling via Speak
In relation to calls made via Speak the following should be noted in particular. This feature offers cheap international calling services and a “switch to local SIM” service as set forth in this document, on the website and in the mobile application. As a user subscribing to our services you will be able to both initiate and receive calls via the mobile application. Note, that as a user you will pay Speak for both calls made and calls received. You explicitly acknowledge and agree to that third party fees may apply to you both when “initiating” a call using the Speak service and when “accepting an incoming” call when using the Speak service.
In order to purchase credits for Speaks services and to charge your account you shall pay Speak the rates (offers, deals, plans or similar) as stated on the website or in the mobile application, by use of such payment methods made available to you by Speak from time to time. Payments are either made manually by you or through the automatic recharge function activated by you.
The automatic refill function means that when your account balance is below a certain level (typically $2), your account will be automatically recharged with a certain pre-selected amount (typically, the value of the latest package purchased). The credit card you have connected to your account will be charged. The automatic refill function may or may not be enabled as a default mode, you can always disable this feature at any time by accessing your account or the store.
All payments are processed via a third party payment processor (the “payment processor”). You agree to provide complete and accurate payment information and further agree that the processing of payment transactions are subject to the terms, conditions and policies, including privacy policies, of the payment processor and your credit card issuer.
rates and VAT
The rates for Speaks services are published on the Speaks website. Speak reserves the right to change the rates (offers, deals, plans or similar) at any time without notice. The new rates will apply to your next phone call after the new rates have been published. If you do not wish to accept such adjustment of rates, do not use Speaks services. No refunds are available for calls made. You agree that by continuing to use our services, following the adjustments of the rates, you accept such adjustments. Unless stated otherwise, all rates and charges for the services shall be stated in US dollars (USD), and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. You shall be responsible for paying any and all VAT or any other taxes or fees applicable to our services.
The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next minute. For example, if you call for 10 minutes and 2 seconds we will round up the call length to 11 minutes.
If you connect to/use our services through a phone number provided by us while you are in a country that is not the country associated with your fixed net or mobile phone operator or other provider (in other words; out-of-country usage) this usage may lead to significantly higher costs in relation to your providers than regular usage. You are solely responsible for keeping yourself informed and paying for such possible roaming and other applicable charges levied by your mobile operator or other provider.
If you believe that Speak has charged you in error, you may request for a refund by submitting a written request in English to our customer services at email@example.com
. Furthermore, Speak has a “one-click” refund button, that will refund unspend credits only to the credit card provided to us. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Speak reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this agreement.
When you log in to your account you will find certain information relating to your use of our services, such as payments made, calling history (during a limited period) and your current balance etc., in addition Speak may also provide you with a receipt (by e-mail) upon prepayments for the services. Please note that the account records is the only statement of the account, or the activities relating to the account, that Speak will provide to you. It is your responsibility to print and/or save copies of your account records, and to retain copies for your records. Speak will use commercially reasonable efforts to correct any technical failures relating to the account records within a reasonable time. However, your inability to view the account records does not extend, or relieve you of, your obligation to pay any amounts owing to Speak.
termination and suspension
The Terms & Conditions are effective until terminated by you or Speak. You may terminate the Terms & Conditions (cancel the account, the Speak services etc.) at any time by sending Speak a termination notice to firstname.lastname@example.org . Without limiting any other remedies, Speak may modify, limit, suspend, discontinue or terminate your use of all or any part of our services and/or the Terms & Conditions, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation, if Speak reasonably suspects that you are: (1) in breach of any of the terms and conditions of the Terms & Conditions; (2) you are using our services to break the law or infringe third party rights; (3) you are trying to unfairly exploit or misuse any of our policies; (4) you are using our services fraudulently or that your account is being used by a third party fraudulently; (5) creating problems or legal liabilities (actual or potential); (6) delinquent with respect to any charges due for the services; (7) engaging in fraudulent, immoral or illegal activities; and/or (8) subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws. In addition, the same rights shall apply to Speak in relation to fraudulent calling patterns, excessive usage, billing irregularities, or misuse of service promotions or campaigns; or if required due to a change in laws/ regulations by a regulator or authority with a lawful mandate in any particular territory; or if required by any of Speak’s service providers. You acknowledge and agree that Speak is under no obligation to provide our services, and that Speak shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the services and/or the Terms & Conditions. Speak reserves the right to cancel the account if it has been inactive for more than one (1) year. On termination for any reason: all rights granted to you under the Terms & Conditions shall cease; you must immediately cease all activities authorized by the Terms & Conditions, including your use of any of Speaks services; you must immediately delete or remove the mobile application, our software and other parts of Speaks services (where applicable) from all your devices, and immediately destroy all copies of the same then in your possession, custody or control. Speak shall effect the termination by preventing your access to the account or other parts of our services, where applicable.
Speak may assign all or part of the rights and/or obligations under the Terms & Conditions without notice to you. You may not assign any rights or obligations under the Terms & Conditions to any third party without the prior written consent of Speak.
limitation of liability
In no event shall Speak and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with our services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use our services or otherwise arise under the Terms & Conditions, even if it has been advised of the possibility of such damages. In any event, and without limiting the generality of this section to the extent permitted by law, you agree that Speak’s total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use Speaks services, or otherwise arise under the Terms & Conditions, shall not in any circumstance exceed the amount actually paid by you, if any, to us for our services in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five thousand (5.000) dollars in all cases.
You agree to indemnify, defend and hold harmless Speak and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with our services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of your use of our services (including without limitation posting and submitting of any material), your breach of the Terms & Conditions, or your violation of any rights of another person or entity.
applicable law and competent court
The Terms & Conditions shall be governed by and construed in accordance with the laws of Denmark without giving effect to the conflict of laws or provisions of Denmark or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms & Conditions, your relationship with Speak, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of the district of Denmark. Notwithstanding the foregoing, Speak shall be entitle to bring actions for injunctive relief in any court of competent jurisdiction.
The Terms & Conditions represent the entire agreement between you and Speak relating to the use of mobile application and website, accounts and any other part of our services, and supersedes all prior offers, understandings, agreements and representations with respect to the service or any other subject matter covered by the Terms & Conditions. For the purpose of clarification, the Terms & Conditions supersede all promises made to you by our client services agents, representatives or employees. The Terms & Conditions may not be modified or amended except as described herein by Speak or otherwise with the written agreement of Speak. If a court or arbitration panel finds any provision of the Terms & Conditions to be invalid or unenforceable for any reason, the remainder of the Terms & Conditions shall continue in full force and effect.
Headings used in the Terms & Conditions are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
ability to contract
You hereby affirm that you are fully able and competent to enter into the Terms & Conditions, and to abide by and comply with the Terms & Conditions.
You acknowledge and agree that if Speak is unable to provide our services as a result of a force majeure event, Speak will not be in breach of any of its obligations towards you under the Terms & Conditions or otherwise. A force majeure event means any event beyond the control of Speak.
communication between us
If you wish to contact Speak, or if any condition in the Terms & Conditions requires you to give us notice in writing, you can send this to us by e-mail to email@example.com
. Speak may, when sending any notices to you, use your email address stated in the account or any mail address or other address, provided by you in connection with your use of the account, the website or other parts of our services, or otherwise presented to us in your contacts with Speak. You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the delivery of notices, policies and changes thereto and records of transactions with Speak.