1. Your Acceptance
2. Speshio Service
These Terms of Service apply to all users of the Speshio Service. Information provided by our users through the Speshio Service may contain links to third party websites that are not owned or controlled by Speshio. Speshio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Speshio will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Speshio shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Speshio Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Speshio with your mobile phone number or email address. You expressly acknowledge and agree that in order to provide the Service, Speshio may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Speshio to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You are solely responsible for the motto messages/goals/interests that you submit and that are displayed on your personal profile on the Speshio Service. You must notify Speshio immediately of any breach of security or unauthorized use of your mobile phone. Although Speshio will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Speshio or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Speshio servers in a given period of time than a human can reasonably produce in the same period by using a Speshio application, and you are forbidden from ripping the content unless specifically allowed.
You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Speshio Service along with Speshio created text, scripts, graphics, interactive features and the like, are owned by or licensed to Speshio, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Speshio reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of mottos/goals/interests of third parties obtained through the Service for any commercial purposes.
5. User Content Submissions
A. The Speshio Service allows Speshio users to submit text, profile photos and other communications submitted by you. These Submissions may be visible to other users of the Service who have your mobile phone number/email address in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Speshio users will only be viewable by those Speshio user(s) or team(s) you directly send such information.
B. You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them. Because Speshio is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of Speshio, and Speshio makes no guarantees as to the validity, accuracy or legal status of any motto. All other shared information or media not included on your personal profile is kept private aside from what you choose to specifically share with your teammates.
C. In connection with media sharing, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Speshio all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Speshio or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
E. You understand that when using the Speshio Service you will be exposed to Motto Submissions from a variety of sources, and that Speshio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Motto Submissions, and that such Motto Submissions are not the responsibility of Speshio. You further understand and acknowledge that you may be exposed to Motto Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Speshio with respect thereto, and agree to indemnify and hold Speshio, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Speshio Service.
F. Speshio permits you to link to materials on the Service for personal purposes only. Speshio reserves the right to discontinue any aspect of the Speshio Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SPESHIO SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPESHIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SPESHIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPESHIO SERVICE. SPESHIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPESHIO SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SPESHIO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT SPESHIO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Speshio, inc. from its facilities in the United States of America. Speshio, Inc. makes no representations that the Speshio Service is appropriate or available for use in other locations. Those who access or use the OnSpeshio3 Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Speshio, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Speshio Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Motto Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Speshio Service.
9. Ability to Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the Speshio Service is not intended for children under 13. If you are under 13 years of age, you are not permitted to use the Speshio Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Speshio, Inc. is the developer of the Service, with an address at 1700 7th Ave STE 116 #220, Seattle, WA 98101, info at Spesh.io.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Speshio without restriction.
Effective date: June 3, 2014
1. INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
Your name, password and e-mail address when you register for an Speshio account.
Profile information that you provide for your user profile (e.g., first and last name, picture, phone number, goals, interests, location). This information allows us to help you or others be "found" on Speshio by teammates searching for you. Although this information is helpful to connect with people/teams with similar goals/interests, it is not required and can be kept private.
User Content (e.g., photos, comments, and other materials) that you post to the Service. (User Content on Speshio is kept private.)
Communications between you and Speshio. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.
Finding your teammates on Speshio:
If you choose to find your teammates through your device's contacts list, then Speshio will access your contacts list to determine whether or not someone associated with your contact is using Speshio.
If you choose to find your teammates through a search of names or usernames on Speshio then simply type a name to search and we will perform a search on our Service.
Note about "Invite Teammates" feature: (Currently not implemented. Coming soon)
If you choose to invite someone to the Service through our "Invite Teammates" feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Speshio does not have access to or control this communication.
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including length of stay on certain pages, and usage patterns We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User. It helps us fix problems within our Service and make it better for you to enjoy.
2. HOW WE USE YOUR INFORMATION
- help you efficiently access your information after you sign in
- remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
- provide, improve, test, and monitor the effectiveness of our Service
- monitor metrics such as total number of visitors, traffic, and usage patterns diagnose or fix technology problems
3. SHARING OF YOUR INFORMATION
WE WILL NOT rent or sell your information to third parties outside Speshio (or the group of companies of which Speshio is or may become a part of) without your consent. That’s the beauty of the Service! Feel comfortable sharing vulnerable and sensitive information. We will not sell your information or data for ad placement or marketing tactics.
While we agree to keep your User Content private, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Speshio all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Speshio or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
Parties with whom you may choose to share your User Content:
Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to your team it is shared to, as controlled by any applicable privacy settings that you set. Although we do not provide a re-share/save to phone shortcut, once you have shared User Content or made it accessible to your team, that User Content has the potential to be re-shared by others through form of screenshot.
What happens in the event of a change of control:
Responding to legal requests and preventing harm:
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION
Storage and Processing:
Your information collected through the Service may be stored and processed in the United States or any other country in which Speshio, its Affiliates or Service Providers maintain facilities.
Speshio, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information (only what information you provide), to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Speshio cannot ensure the security of any information you transmit to Speshio or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Speshio, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
Our Commitment To Data Security
Speshio uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Speshio and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Speshio Service is never recommended. Once we receive your transmission of information, Speshio makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Speshio learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Speshio may post a notice on the Speshio Site or through the Speshio Service if a security breach occurs.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings:
Update your account at any time by logging in and changing your profile settings. Our default for your information is “private.” Should you want to share different goals, interests, or location on your personal profile, that is up to you as a user and is otherwise left private.
Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
6. CHILDREN'S PRIVACY
Speshio does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
7. OTHER WEB SITES AND SERVICES
8. HOW TO CONTACT US ABOUT A DECEASED USER
In the event of the death of an Speshio User, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.
9. HOW TO CONTACT US