Terms of Service - SpeechSage

The terms that govern use of SpeechSage's website and AI assistant services.

IMPORTANT NOTICES: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR RIGHTS.

MEDICAL EMERGENCY NOTICE: SPEECHSAGE IS NOT A HEALTHCARE PROVIDER. IF YOU OR A PATIENT BELIEVES THERE IS A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. DO NOT RELY ON THE SERVICE FOR EMERGENCY MEDICAL COMMUNICATIONS.

HIPAA NOTICE: THE SERVICE MAY PROCESS PROTECTED HEALTH INFORMATION ("PHI") ON BEHALF OF COVERED ENTITIES. FOR HEALTHCARE PRACTICES AND OTHER COVERED ENTITIES, USE OF THE SERVICE FOR PHI WORKFLOWS REQUIRES A SEPARATE BUSINESS ASSOCIATE AGREEMENT ("BAA") WITH SPEECHSAGE.

COMPLIANCE NOTICE: COMPLIANCE OUTCOMES DEPEND ON CUSTOMER CONFIGURATION, WORKFLOWS, AND EXECUTED AGREEMENTS.

1. Introduction

SpeechSage, Inc. ("SpeechSage," "we," "us," or "our") owns and operates an AI-powered phone assistant service designed for healthcare practices and other businesses (the "Service"). The Service includes, without limitation, AI-powered inbound call handling, appointment scheduling, patient intake, call routing, FAQ responses, and any associated websites, dashboards, APIs, integrations, and related features.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Subscriber," "you," or "your") and SpeechSage governing your access to and use of the Service. For purposes of these Terms, "you" refers to the business entity or healthcare practice subscribing to the Service, not individual patients or callers who interact with the phone assistant.

Certain Services offered by SpeechSage, including but not limited to the MyMomsCompanion eldercare companion service, may be subject to additional terms and conditions set forth in a Service-Specific Addendum ("Addendum"). Each Addendum is incorporated into and forms part of these Terms. In the event of any conflict or inconsistency between these Terms and an applicable Addendum, the Addendum shall control with respect to the applicable Service.

By accessing or using the Service, clicking "I accept" or "I agree," or by otherwise indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

SpeechSage provides AI-powered phone and voice assistant services, including but not limited to inbound call handling on behalf of healthcare practices and other subscribing businesses, and AI-powered companion and wellness check-in services for individual consumers (each, a "Service"). The Service utilizes large language models (LLMs) and voice processing technology to perform the following functions:

• Appointment scheduling and booking through integrated calendar and practice management systems
• Answering frequently asked questions about the subscribing practice
• Collecting patient intake information as directed by the subscribing practice
• Routing urgent or complex calls to designated staff members
• Such additional features as may be made available from time to time

Not a Healthcare Provider. SpeechSage is a technology service provider and is NOT a healthcare provider, medical practice, or licensed professional. The Service does not provide medical advice, diagnosis, treatment, or triage. SpeechSage does not practice medicine and does not establish any provider-patient relationship with callers. All medical decisions remain the sole responsibility of the subscribing healthcare practice and its licensed professionals.

3. Eligibility and Account Registration

3.1 Eligibility

The Service is intended for use by business entities, healthcare practices, and their authorized representatives who are at least 18 years of age. By subscribing to the Service, you represent and warrant that:

• You have the legal authority to bind the subscribing entity to these Terms;
• You have fully read and understand these Terms;
• All information provided during registration is accurate, current, and complete; and
• If you are a healthcare practice or covered entity under HIPAA, you have the authority to execute a Business Associate Agreement on behalf of your organization.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify SpeechSage immediately at contact@speechsage.ai of any unauthorized use of your account or any other security breach. SpeechSage shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

4. HIPAA Compliance and Protected Health Information

4.1 Business Associate Agreement

If you are a Covered Entity or Business Associate as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and the Service will be used to create, receive, maintain, or transmit Protected Health Information ("PHI") on your behalf, you must execute a separate Business Associate Agreement ("BAA") with SpeechSage prior to using the Service for any purpose involving PHI. The BAA shall govern the handling of PHI and shall control in the event of any conflict with these Terms regarding the treatment of PHI.

4.2 HIPAA Safeguards

SpeechSage implements administrative, physical, and technical safeguards designed to protect PHI in accordance with the HIPAA Security Rule, including but not limited to:

• Encryption of PHI in transit and at rest;
• Access controls and audit logging;
• Workforce training on HIPAA requirements;
• BAAs with all subcontractors and third-party service providers that handle PHI; and
• Regular risk assessments and security reviews.

4.3 Subscriber Obligations Under HIPAA

As a Covered Entity, you are responsible for:

• Ensuring that your use of the Service complies with HIPAA and all applicable federal and state privacy and security laws;
• Obtaining any necessary patient consents or authorizations required for the transmission of PHI through the Service;
• Configuring the Service in accordance with your organization's minimum necessary standard requirements;
• Promptly notifying SpeechSage of any restrictions on the use or disclosure of PHI that may affect SpeechSage's obligations; and
• Ensuring that any instructions you provide to SpeechSage regarding PHI do not cause SpeechSage to violate HIPAA.

4.4 Breach Notification

In the event of a breach of unsecured PHI, SpeechSage will notify the affected Subscriber in accordance with the timeframes and procedures set forth in the applicable BAA and as required under 45 C.F.R. sections 164.400-414. The Subscriber remains responsible for providing notification to affected individuals and the U.S. Department of Health and Human Services as required by law.

4.5 PHI Ownership

All PHI processed through the Service remains the property of the Subscriber or the applicable patient. SpeechSage does not claim ownership of PHI. SpeechSage's rights to use PHI are limited to those expressly granted in these Terms, the applicable BAA, and as permitted under HIPAA.

4.6 Use of Data for Service Improvement and Training

De-Identified Data for Training (Default). By default, SpeechSage may de-identify Subscriber Data, including call recordings, transcripts, and related content, in accordance with HIPAA's Safe Harbor de-identification standard (45 C.F.R. section 164.514(b)). Once properly de-identified, such data is no longer PHI and may be used by SpeechSage without restriction for any lawful purpose, including but not limited to training, improving, and developing AI models, algorithms, and Service features. De-identified data will have all eighteen (18) HIPAA identifiers removed or generalized before use.

Identifiable Data for Training (Opt-In Only). SpeechSage will NOT use identifiable PHI or Subscriber Data containing patient-identifiable information for AI model training or improvement purposes unless the Subscriber provides explicit, written opt-in consent. Such consent may be granted through the Service dashboard, a signed addendum, or other written agreement. Subscribers who opt in acknowledge responsibility for ensuring compliance with applicable patient notification and consent requirements under state and federal law.

Opt-Out of De-Identified Data Use. Subscribers may opt out of the de-identified data training program at any time by submitting a written request to contact@speechsage.ai, or through the account settings dashboard. Upon receipt of an opt-out request, SpeechSage will cease using newly generated de-identified data from that Subscriber's account for training purposes within thirty (30) days. Data that has already been de-identified and incorporated into training datasets prior to the opt-out request may not be individually retrievable or removable, but no new data will be added.

Safeguards for Training Data. Regardless of whether data is de-identified or used with opt-in consent, SpeechSage maintains the following safeguards for all data used in training: (a) access to training data is restricted to authorized personnel; (b) training data is stored in secure, access-controlled environments; (c) SpeechSage does not sell, rent, or share identifiable training data with third parties; and (d) de-identification processes are audited periodically to ensure compliance with HIPAA standards.

4.7 PHI Retention

SpeechSage will retain PHI only for the period necessary to perform the Service and as required by the BAA. Upon termination of the BAA or the Subscriber's account, PHI will be returned or securely destroyed in accordance with the BAA, subject to any retention required by applicable law.

5. Data Collection, Use, and Ownership

5.1 Data We Collect

In the course of providing the Service, SpeechSage collects and processes the following categories of data:

• Call Data: Audio recordings, transcripts, metadata (timestamps, duration, caller ID), and any information communicated during calls handled by the Service.
• Account Data: Information you provide during registration, including business name, contact information, and billing details.
• Integration Data: Information accessed through connected third-party services, such as Google Calendar/Workspace data, practice management system data, and EHR data, as authorized by you.
• Usage Data: Information about how you interact with the Service, including dashboard activity, feature usage, and system performance metrics.

5.2 How We Use Data

SpeechSage uses collected data to:

• Provide, operate, and maintain the Service;
• Process and complete call handling, scheduling, and intake tasks;
• Improve and optimize the Service's performance and accuracy;
• Develop new features and capabilities;
• Generate aggregated, de-identified analytics (which do not constitute PHI);
• Comply with legal obligations; and
• Communicate with you regarding your account and the Service.

5.3 Data Ownership

Your Data. You retain all ownership rights in the data you provide to SpeechSage and in data generated through your use of the Service, including call recordings and transcripts (collectively, "Subscriber Data"). Subject to PHI restrictions, you grant SpeechSage a limited, non-exclusive license to use, process, and store Subscriber Data solely for the purpose of providing and improving the Service.

De-Identified Data. SpeechSage may create de-identified, aggregated data from Subscriber Data in accordance with HIPAA's de-identification standards (45 C.F.R. section 164.514). Such de-identified data shall not be considered Subscriber Data or PHI and may be used by SpeechSage for any lawful purpose, including product improvement and analytics.

Service Data. SpeechSage owns all data related to the operation and performance of the Service itself, including system logs, performance metrics, and aggregated usage statistics that do not identify any individual or Subscriber.

5.4 Data Retention and Deletion

SpeechSage retains Subscriber Data for the duration of your subscription and for a reasonable period thereafter as necessary to fulfill legal obligations. Upon termination of your account, SpeechSage will delete or return Subscriber Data in accordance with the BAA (for PHI) or within ninety (90) days of a written request (for non-PHI data), unless retention is required by applicable law.

6. Third-Party Integrations and Subprocessors

6.1 Integrated Services

The Service integrates with third-party platforms to deliver its functionality. Current integrations include, but are not limited to:

• Telephony Providers: Telnyx and similar providers for voice call processing and routing.
• Calendar and Scheduling: Google Calendar, Calendly, and practice-specific scheduling systems.
• Practice Management / EHR Systems: Various electronic health record and practice management platforms as configured by the Subscriber.
• AI/LLM Providers: OpenAI, Groq, and similar providers for natural language processing capabilities.

6.2 BAAs with Subprocessors

SpeechSage maintains Business Associate Agreements with all subprocessors that create, receive, maintain, or transmit PHI in connection with the Service, unless such services are excepted under HIPAA (e.g., certain conduit exceptions for telecommunications carriers) or the Subscriber has been notified and has consented to the use of a subprocessor without a BAA.

6.3 Subscriber Responsibility for Third-Party Terms

Your use of third-party services accessed through the Service may be subject to the terms and privacy policies of those third parties. SpeechSage is not responsible for the content, accuracy, policies, or practices of any third-party service. You agree to comply with all applicable third-party terms and acknowledge that SpeechSage shall not be liable for issues arising from your use of third-party services.

7. AI and Model Limitations; Service Performance

7.1 Inherent Limitations of AI Technology

You acknowledge and agree that:

• The Service utilizes large language models (LLMs) that produce non-deterministic outputs and may occasionally generate inaccurate, incomplete, or inappropriate responses;
• The Service is not a substitute for trained human staff and should not be relied upon as the sole means of patient communication for urgent or critical matters;
• AI-generated responses may contain errors, omissions, or biases inherent in the underlying models;
• SpeechSage continuously works to improve accuracy and reliability but cannot guarantee error-free performance; and
• The Subscriber is responsible for configuring appropriate fallback procedures, including routing rules for urgent calls and human escalation protocols.

7.2 Service Failures and Interruptions

You acknowledge that the Service may experience interruptions, outages, errors, or degraded performance due to factors including, but not limited to, network failures, third-party service outages (including telephony and LLM provider disruptions), software defects, scheduled or unscheduled maintenance, power failures, cyberattacks, or other circumstances beyond SpeechSage's reasonable control. SpeechSage does not guarantee any specific level of uptime, availability, or call completion rate unless expressly agreed upon in a separate written Service Level Agreement ("SLA").

In the event of a service interruption or failure, SpeechSage will use commercially reasonable efforts to restore the Service as promptly as practicable. However, SpeechSage shall not be liable for any damages, losses, or consequences arising from service interruptions, including but not limited to:

• Missed, dropped, or improperly routed calls;
• Incorrect, incomplete, or delayed appointment scheduling;
• Errors in patient intake information collected by the AI assistant;
• Inaccurate or misleading responses provided to callers;
• Failure to properly route urgent calls to designated staff; or
• Any downstream consequences resulting from the foregoing, including patient dissatisfaction, missed appointments, or business disruption.

7.3 No Guarantee of Accuracy

While SpeechSage strives to provide accurate and reliable AI-powered call handling, the nature of large language models and voice processing technology means that errors may occur. SpeechSage expressly disclaims any guarantee of accuracy, completeness, or reliability of information communicated by the AI assistant to callers or recorded from callers. The Subscriber assumes full responsibility for verifying the accuracy of information processed through the Service, including but not limited to appointment details, patient intake data, and any other information communicated during calls.

7.4 Subscriber Responsibility for Risk Mitigation

The Subscriber acknowledges that the Service is a tool designed to assist, not replace, human staff. The Subscriber is solely responsible for:

• Maintaining adequate human staff and backup systems to handle calls in the event of a Service interruption or failure;
• Regularly reviewing call logs, transcripts, and scheduling records for accuracy;
• Configuring the Service with appropriate escalation rules, fallback phone numbers, and emergency routing protocols;
• Training staff on how to identify and correct errors introduced by the AI assistant; and
• Ensuring that critical communications (including urgent medical inquiries, emergency situations, and time-sensitive scheduling) are not solely dependent on the Service.

Failure to implement reasonable mitigation measures may limit or bar the Subscriber's right to seek remedies from SpeechSage related to Service errors or failures.

7.5 Call Recording Disclosure

Depending on your jurisdiction, applicable law may require that callers be notified that their calls are being handled by an AI assistant and/or recorded. You are solely responsible for ensuring that the Service is configured to comply with all applicable recording consent and disclosure laws, including but not limited to two-party consent states.

8. Privacy and Security

Our Privacy Policy, available at speechsage.ai/privacy, explains how we collect, use, and protect personal data. By using the Service, you agree that SpeechSage may use data in accordance with our Privacy Policy.

SpeechSage implements commercially reasonable administrative, technical, and physical safeguards to protect the security and confidentiality of data processed through the Service. However, no method of electronic transmission or storage is completely secure, and SpeechSage cannot guarantee absolute security. You acknowledge this inherent limitation and agree to promptly report any suspected security incidents to SpeechSage.

Communication Security Notice. You acknowledge that certain electronic communications, including emails and text messages transmitted in connection with the Service, may be unencrypted and carry inherent risks of interception. SpeechSage is not responsible for unauthorized access to unencrypted communications during or after transmission.

9. Fees and Payment

Subscriber agrees to pay all fees associated with the selected service plan as described on the SpeechSage website or in a separate order form. SpeechSage reserves the right to modify pricing with thirty (30) days' prior written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing. All fees are non-refundable except as expressly stated in these Terms or required by law.

Fair-Use and Service Protection Limits. Certain plans may be marketed as having no fixed call cap. This means there is not a predefined per-month call allotment, but use remains subject to fair-use and service-protection controls. To protect platform reliability, quality of service, and abuse prevention, SpeechSage may apply reasonable operational limits, including but not limited to rate limits, concurrency limits, temporary throttling, anti-abuse restrictions, and similar controls. SpeechSage may update these thresholds from time to time in its discretion, including when needed for security, infrastructure stability, or compliance.

10. Restrictions on Use

You agree that in using the Service, you will not, and will not permit any third party to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Sublicense, sell, resell, transfer, assign, or distribute the Service or access thereto;
• Use the Service to develop a competing product or service;
• Transmit any viruses, malware, or other harmful code through the Service;
• Interfere with or disrupt the integrity or performance of the Service;
• Attempt to gain unauthorized access to the Service or its related systems;
• Use the Service in any manner that exceeds the scope of use granted herein;
• Use the Service to transmit unsolicited communications (spam);
• Impersonate any person or entity in connection with the Service; or
• Remove or alter any proprietary notices, labels, or marks on the Service.

11. Intellectual Property

11.1 SpeechSage IP

SpeechSage and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, models, interfaces, documentation, and related intellectual property. Nothing in these Terms transfers any ownership of SpeechSage's intellectual property to you.

11.2 License to Use

Subject to your compliance with these Terms and payment of applicable fees, SpeechSage grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the subscription term.

11.3 Feedback

If you provide suggestions, ideas, or other feedback regarding the Service ("Feedback"), you grant SpeechSage a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such Feedback into the Service without restriction or obligation to you.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPEECHSAGE AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "RELATED PERSONS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE.

SPEECHSAGE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM DEFECTS. SPEECHSAGE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY AI-GENERATED CONTENT, TRANSCRIPTIONS, SCHEDULING ACTIONS, INTAKE DATA, OR RESPONSES PROVIDED TO CALLERS. SPEECHSAGE DOES NOT WARRANT THAT CALLS WILL BE PROPERLY ROUTED, THAT APPOINTMENTS WILL BE ACCURATELY SCHEDULED, OR THAT INFORMATION COLLECTED FROM CALLERS WILL BE FREE OF ERRORS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE SERVICE IS AT YOUR SOLE RISK.

SPEECHSAGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY OR UPTIME OF THE SERVICE. THE SERVICE MAY BE SUBJECT TO INTERRUPTIONS, DELAYS, OR OUTAGES FOR MAINTENANCE, UPDATES, OR CIRCUMSTANCES BEYOND SPEECHSAGE'S CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPEECHSAGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPEECHSAGE OR ITS RELATED PERSONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, PATIENT RELATIONSHIPS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SPEECHSAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, SPEECHSAGE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM: (A) SERVICE INTERRUPTIONS, OUTAGES, OR FAILURES; (B) ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED RESPONSES, SCHEDULING ACTIONS, OR DATA COLLECTION; (C) MISSED, DROPPED, OR IMPROPERLY ROUTED CALLS; (D) INCORRECT APPOINTMENT SCHEDULING OR PATIENT INTAKE INFORMATION; (E) DELAYS IN CALL ROUTING OR MESSAGE DELIVERY; (F) ANY ACTIONS TAKEN OR NOT TAKEN BY CALLERS OR PATIENTS BASED ON INFORMATION PROVIDED BY THE SERVICE; OR (G) ANY FAILURE OF THE SERVICE TO MEET THE SUBSCRIBER'S EXPECTATIONS REGARDING PERFORMANCE, ACCURACY, OR RELIABILITY.

IN NO EVENT SHALL SPEECHSAGE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SPEECHSAGE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless SpeechSage and its Related Persons from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any content transmitted through the Service;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of a third party, including any patient or caller;
• Your failure to comply with HIPAA or other applicable healthcare regulations;
• Any claim by a patient, caller, or regulatory body arising from the use of the Service by or on behalf of your practice; or
• Your failure to obtain required consents or provide required disclosures to callers.
• Your failure to implement reasonable mitigation measures as described in Section 7.4, including failure to maintain backup systems, review call accuracy, or configure appropriate escalation protocols.

SpeechSage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.

15. Termination

15.1 Termination by Subscriber

You may terminate your account at any time by providing written notice to SpeechSage at contact@speechsage.ai or through the account management dashboard. Termination will be effective at the end of the current billing period.

15.2 Termination by SpeechSage

SpeechSage may suspend or terminate your access to the Service, with or without notice, if: (a) you breach these Terms; (b) you fail to pay applicable fees; (c) we are required to do so by law; or (d) we determine, in our sole discretion, that continued provision of the Service to you poses a risk to SpeechSage, other subscribers, or the public.

15.3 Effect of Termination

Upon termination: (a) your right to access the Service will immediately cease; (b) SpeechSage will handle PHI in accordance with the BAA; (c) SpeechSage will delete non-PHI Subscriber Data within ninety (90) days unless retention is required by law; and (d) the following sections shall survive termination: Sections 4 (HIPAA), 5.3 (Data Ownership), 11 (IP), 12 (Warranties), 13 (Liability), 14 (Indemnification), 16 (Governing Law), and 18 (Miscellaneous).

16. Governing Law; Dispute Resolution; Arbitration

IMPORTANT: THIS SECTION CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of law provisions.

16.2 Informal Dispute Resolution

Before initiating formal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy ("Dispute") informally by contacting SpeechSage at contact@speechsage.ai with a written description of the Dispute. SpeechSage will attempt to resolve the Dispute informally within thirty (30) days.

16.3 Mandatory Arbitration

If a Dispute cannot be resolved informally within thirty (30) days, you agree that the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, except that: (a) either party may bring an individual action in small claims court; and (b) either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights.

The arbitration shall be conducted in Sioux Falls, South Dakota, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision.

16.4 Class Action Waiver

YOU AND SPEECHSAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

16.5 Opt-Out

You may opt out of the mandatory arbitration provision by sending written notice to contact@speechsage.ai within thirty (30) days of first accepting these Terms. If you opt out, disputes shall be resolved exclusively in the federal or state courts located in Minnehaha County, South Dakota.

16.6 Time Limitation

To the fullest extent permitted by applicable law, any Dispute must be commenced within one (1) year after the Dispute arises, or it shall be permanently barred.

17. Communication Preferences

By creating an account, you consent to receive electronic communications from SpeechSage, including operational notices (e.g., billing confirmations, service updates, security alerts) and promotional communications (e.g., product updates, newsletters). You may opt out of promotional communications at any time by following the unsubscribe instructions in such communications. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable BAA, constitute the entire agreement between you and SpeechSage regarding the Service and supersede all prior agreements, understandings, and representations.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 No Waiver

No failure or delay by SpeechSage in exercising any right under these Terms shall constitute a waiver of that right.

18.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without SpeechSage's prior written consent. SpeechSage may assign these Terms without restriction.

18.5 No Agency

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between SpeechSage and you.

18.6 Force Majeure

SpeechSage shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or telecommunications failures, or third-party service outages.

18.7 Changes to Terms

SpeechSage reserves the right to modify these Terms and the Privacy Policy at any time. For material changes, SpeechSage will provide at least thirty (30) days' prior notice by one or more of the following methods: (a) email to the address associated with your account; (b) a prominent notice within the Service dashboard; or (c) posting the updated Terms on the SpeechSage website with a revised "Last Updated" date.

For non-material changes (such as formatting updates, typographical corrections, or clarifications that do not substantively alter your rights or obligations), SpeechSage may update these Terms or the Privacy Policy at any time by posting the revised version to the SpeechSage website. Such non-material changes are effective upon posting.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms and/or Privacy Policy. If you do not agree to any material changes, your sole and exclusive remedy is to terminate your account prior to the effective date of the changes. Termination under this section will be effective at the end of the current billing period, and no refund shall be due for the remaining period.

SpeechSage encourages Subscribers to review these Terms and the Privacy Policy periodically. It is your responsibility to remain informed of any updates.

18.8 Notices

All notices under these Terms shall be in writing and sent to: SpeechSage, Inc., Sioux Falls, SD. Email: contact@speechsage.ai. Notices to you will be sent to the email address associated with your account.

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