SpeakClear Logospeakclear

Terms of Service

Last updated: April 12, 2025

1. Introduction

Welcome to SpeakClear ("we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website (speakclear.com.au), our SpeakClear hardware device ("Device"), including any embedded software ("Software"), and related real-time captioning services, features, support, and updates (collectively, the "Services"). By accessing our website, purchasing or using our Device, or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, please do not use the Services.

2. Service Description

SpeakClear provides a real-time captioning solution comprising a hardware Device and associated Services. We offer two main versions:

  • Offline Version: Processes speech locally on the Device without requiring internet connectivity for core captioning functionality. Ideal for privacy-sensitive environments.
  • Online Version: Requires an active internet connection to stream audio data to cloud servers for processing, offering higher accuracy and additional features, including translation between multiple languages. Both versions support over 40 languages.

Both versions connect to standard displays (HDMI, USB-C) and accept various audio inputs.

SpeakClear also provides a web application that allows users to:

  • Record live captions in multiple languages
  • Save and manage voice recordings and generated transcripts
  • Access a personal dashboard to manage content and account settings
  • Subscribe to various service tiers

The web application requires registration and authentication through our service provider, Clerk.

3. Subscription and Payment

Access to and use of the Services (including ongoing Software updates, support, and the core functionality of the Online Version) requires an active paid subscription ("Subscription"). The Offline version may require a subscription for software updates and support services.

Subscription fees, billing cycles, and payment terms will be specified at the time of purchase. Subscriptions automatically renew unless cancelled at least 48 hours prior to the end of the current billing period. You are responsible for all applicable taxes. You may cancel your subscription at any time through your account dashboard or by contacting customer support. Cancellations take effect at the end of the current billing period.

We use Stripe, a third-party payment processor, to handle all payment transactions. Your payment information is collected and processed directly by Stripe in accordance with their terms of service and privacy policy. We do not store your full payment card details on our servers.

Refunds may be available in accordance with Australian Consumer Law. Please contact our customer support team to discuss your specific situation.

4. Hardware (Device)

The SpeakClear Device may be purchased separately or bundled with a Subscription. The Device is available as either a one-time purchase with optional subscription add-ons, or as part of a subscription package with reduced upfront hardware costs. The Device is subject to a limited hardware warranty for a period of 1 year from the date of purchase, as detailed in the warranty documentation provided at the time of purchase. This warranty does not cover damage due to misuse, accident, or unauthorised modification.

5. Software License

Subject to your compliance with these Terms and your active Subscription, SpeakClear grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software embedded on the Device solely in connection with the Services for your personal or internal business purposes.

We may provide Software updates from time to time, which may be delivered automatically or require manual installation. Updates are not mandatory for continued use of the Device or Services, though we strongly recommend installing updates to benefit from the latest improvements, security patches, and bug fixes.

6. User Accounts and Content

To use the web application and certain features of the Services, you must create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

User Content: Our Services allow you to record, save, and manage voice recordings and transcripts ("User Content"). You retain all rights to your User Content. By using our Services, you grant us a limited license to store, process, and display your User Content solely for the purpose of providing and improving the Services to you.

Content Management: You may access, modify, or delete your User Content at any time through your account dashboard. When you delete User Content, it will be permanently removed from our active systems, though it may remain in encrypted backups for a limited period before being completely purged.

Content Responsibility: You are solely responsible for your User Content and must ensure you have all necessary rights to record, save, and use any audio you capture through our Services. Do not record conversations without proper consent as required by applicable laws.

Storage Systems: Your User Content may be stored across different secure systems, including Google Cloud Storage (for voice recordings and media), PlanetScale (for profile data and transcript metadata), and Upstash Redis (for temporary caching). These systems are secured using industry-standard practices including encryption and access controls.

7. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates applicable federal, state, local, or international law or regulation.
  • Violate the privacy rights of others, including recording or transcribing conversations without necessary consents as required by law. You are solely responsible for ensuring your use complies with all relevant privacy and recording laws.
  • Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software or Device components.
  • Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
  • Use the Services for any purpose for which it is not designed or intended.

8. Intellectual Property

The Services, including the website, Device design, Software, text, graphics, logos, trademarks, and other content, are the exclusive property of SpeakClear and its licensors and are protected by intellectual property laws in Australia and internationally. You are granted no rights or licenses other than the limited license expressly set forth in Section 5.

9. Technical Systems

The Services utilise various technical components and third-party technologies, including but not limited to database systems (PlanetScale, Upstash Redis), development frameworks, and data processing tools (Drizzle ORM, tRPC, Tanstack Query). While these systems may process your data as part of providing the Services, your use rights and our obligations regarding your data remain as stated in these Terms and our Privacy Policy, regardless of the underlying technologies used.

We reserve the right to modify, update, or replace the technical systems and components used to deliver the Services at any time without notice, provided that such changes do not materially reduce the security, privacy, or core functionality of the Services.

10. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT OR REMEDY CONFERRED ON YOU BY THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF A NON-EXCLUDABLE GUARANTEE IS LIMITED, AT OUR OPTION, TO: (A) IN THE CASE OF SERVICES, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND (B) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, OR THE PAYMENT OF THE COST OF REPLACING THE GOODS, HAVING THE GOODS REPAIRED, OR OBTAINING EQUIVALENT GOODS.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY ACCURATE. SPEECH RECOGNITION IS INHERENTLY PROBABILISTIC AND MAY CONTAIN ERRORS. ACCURACY CAN BE AFFECTED BY FACTORS INCLUDING BACKGROUND NOISE, SPEAKER ACCENT, AND TECHNICAL TERMINOLOGY. THE SERVICES SHOULD NOT BE RELIED UPON IN HIGH-RISK SITUATIONS WHERE ACCURATE COMMUNICATION IS CRITICAL TO PREVENT DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPEAKCLEAR OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO SPEAKCLEAR DURING THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) AUD $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS YOUR RIGHTS AS A CONSUMER UNDER THE AUSTRALIAN CONSUMER LAW.

11. Termination

We may terminate or suspend your Subscription and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will cease immediately. You may cancel your Subscription according to the cancellation procedure outlined at the time of purchase or in your account settings.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, via email or a notice on our website. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Queensland, Australia.

14. Contact Us

If you have any questions about these Terms, please contact us at admin@speakclear.com.au.