TERMS AND CONDITIONS OF USE

 

LEGAL WARNING

ATBS & CO. C.A. ALTERNATIVE TECHNOLOGIES BUSINESS SOLUTIONS & COMPANY, (hereinafter, “ATBS S.A.”, "ATBS", or the "Company"), is the legal entity that owns the TALOV brand (hereinafter, "TALOV", "Talov", or "Talov Studio"), only responsible for the management, maintenance and operation of the mobile applications "SpeakLiz" and "SpeakLiz Vision", hereinafter simply called "app", "apps", "mobile application", "mobile applications", "service", "product". Additionally responsible for the technical support service for computers and mobile devices.

This document defines the use of the service and the operation of these technology platforms within executable applications on compatible mobile devices (devices that can support the operation of the software). In these Terms of Use will be used phrases such as "SpeakLiz service", "The App", “The Apps”, "The Mobile Application", “The Mobile Applications”, "the service", "our service"; all these will refer to the service provided by SpeakLiz and SpeakLiz Vision to access all the features and functionalities, content and associated software.

The Company reserves the right to change, amend, supplement or suspend all or part of mobile applications on an occasional basis. Likewise, the Company reserves the right to change the Terms and Conditions of Use at any time, with immediate effect from the moment they are updated. The terms "User" and "Users" refer to any individual or entity that uses, accesses, downloads, installs, obtains or provides information to and from these mobile applications.

TECHNICAL SUPPORT

The Company will provide the technical support service according to the client's requirements. Regarding the devices repaired by the company that are not picked up within a maximum period of 30 days by the customer, the company reserves the right to dispose of them according to its internal criteria.

CONTENT

Any kind of information or data (text, information, data, photographs, graphics, links (URL), video, html code, computer software, source code and object code, audio and video samples, trademarks and logos, and similar), hereinafter the "Content"; that appear on our website, website optimized for mobile devices, mobile device services or mobile device applications (collectively "mobile applications") belong to ATBS, its affiliated companies, licensees or suppliers; unless it is expressly specified in any way.

Users (as defined in this document) can only use the Content on a mobile device (iOS operating system and / or Android operating system) only for personal, internal and non-commercial purposes. No other use of the Content, including, among others, any kind of re-edition, is permitted without prior written authorization granted by the Company. Any User who has provenly violated the intellectual property of a third party through the retransmission or publication of material related to these mobile applications that infringes the copyright or other legal rights of that third party will be excluded from these mobile applications and submitted to the corresponding legal actions.

The trademarks used in these mobile applications are property of ATBS or, in a few cases, the use of other brands or logos, will have their respective reference to their owner and do not constitute an approval of any kind or further commitment with these manufacturers, they only express the compatibility of mobile applications with accessories manufactured by third parties.

In addition to the rights of non-exclusive, non-sublicensable, non-transferable, personal and limited use of the Users as specified herein, no right is granted to Users to access all of the Content or any portion, no matter how it appears, through its inclusion in these mobile applications or through access to it by the user. A User can not:

 

  • Segregate, separate, isolate, no individual content or component of mobile applications for any other use than indicated in relation to mobile applications.

  • Use and incorporate any content portion to the User's own programs or collect any portion in combination with the User's own programs and / or applications and other similar tools.

  • Transfer part or all of the content to be used by another service.

  • Sell, lease, assign, lend, distribute, publicly communicate, transform or sublicense mobile applications or grant in any way any right to mobile applications absolutely or partially, to any natural or legal person, public or private organization, or establishment of any kind.

  • ATBS will be responsible for all maintenance or technical support of mobile applications; No Third Party (as defined in this document) will be responsible for providing maintenance services or technical support for mobile applications.

 

USE

It is understood and established that when Users access, use, download, install, obtain or provide information to and from these mobile applications, they will be deemed to have read and accepted these Terms and Conditions (including our Privacy Policy), which is incorporated herein by virtue of this reference. Keep in mind that all references to the "website" in our Privacy Policy are also considered valid for these mobile applications.

Users must suspend the use of these mobile applications immediately if they do not agree or do not accept all these Terms and Conditions. The Company reserves the right to eliminate or prohibit any User from using these mobile applications at their exclusive discretion.

 

USER ACCOUNTS

The Company may, in its exclusive discretion, provide access to Users to restricted portions of these mobile applications, including, among others, one or more User accounts where specific assistive technology information and services can be provided and / or obtained for individuals with hearing and / or visual impairment.

Users entering those accounts may be subject to additional Terms and Conditions as specified in relation to the services provided. Users with service accounts are the only and exclusive responsible for preserving the confidentiality of any information regarding access credentials, the User's account information and all actions or omissions related to the account.

 

FIELD OF APPLICATION OF THE CONDITIONS OF USE. ACCEPTANCE OF THE GENERAL CONDITIONS.

The download and use of the apps attributes the condition of User of the apps (hereinafter, the "User") and implies full acceptance, without reservations and in total way of these terms and conditions of use (hereinafter , the "General Conditions"). Therefore, ATBS recommends to Users read these General Conditions carefully before using the Apps.

These General Conditions regulate together with the Privacy Policy the use of the Apps by the User and the relationship between the User and ATBS. The General Conditions have been written in accordance with the provisions of current regulations applicable in the field of Internet, electronic commerce and data protection, among others.

 

DOWNLOAD AND ACCESS TO THE APPS.

The download of the Apps can be free or have a cost, and can be done through Apple Store or Google Play, depending on the operating system used by mobile device used to download the Apps. To access and use the Apps, it may be necessary for the User to register, depending on the characteristics and the requirements of each one.

When downloading the Apps, the User declares that they are of legal age and have the necessary legal capacity to accept these General Conditions. If User is a minor, must have the approval of parents and / or legal representative to make this download.

 

USE OF THE APPS BY THE USER

The User declares to use the Apps and their contents in accordance with these General Conditions, good faith and applicable legislation.

The User will be exclusive responsible to ATBS and / or third parties for the use of the Apps and / or its contents. Under no circumstances and under any circumstances will ATBS assume any responsibility derived from the use of the Apps made by the User, especially in cases where such use is made in breach of the provisions of these General Conditions and / or the applicable regulations.

It is also expressly prohibited any fraudulent use abusive, illegal or against to the good faith of the Apps and / or its contents. Consequently, and without limitation, the User will not be able to:

 

  • Reproduce, copy, plagiarize, distribute, publicly communicate, transform or modify the Apps or any of its contents, including these General Conditions, regardless of the purpose of such use, without prior written authorization from ATBS.

 

  • Do any type of illicit, fraudulent activity, contrary to these Conditions, current legislation and / or good faith or that obstructs and / or hinders the correct use of the Apps or their contents.

 

  • Link or reproduce the Apps or their contents from websites, platforms, forums, chats, blogs or other social networks that are contrary to the law, offensive or assault against human dignity, fundamental human rights or the Company itself, and are susceptible of being considered criminal.

 

  • Introduce and / or disseminate in the Apps any racist, xenophobic, pornographic content or that suppose apology of terrorism, and any other activity or activities that attempt against the human rights and the dignity of the people.

 

FUNCTIONALITIES OF THE APPS

 

SPEAKLIZ FOR PEOPLE WITH HEARING IMPAIRMENT

The SpeakLiz App provides access to a package of tools and features related to communication assistance for people with hearing impairment, the first two described below are free access.

Listening feature: SpeakLiz captures the human voice through the microphone of the mobile device and transforms it into text, under constant updating, this tool could incorporate other forms of human voice conversion to other kind of languages, etc. Requires use of Internet data.

Speaking feature: The user can write text (including emoticons) as in a common messaging app, and transform that information with a click in text and an audible voice to other people. It does not require the use of Internet data.

The following two functions require the payment of additional values, and provide access to more advanced features.

Sound Environment feature: The SpeakLiz app will listen (even in the background) to the sounds that surround the person and will give alerts about the type of events around user, the number of events to be recognized can increase through updates. Its purpose is merely informative and must be taken as such, in any case ATBS will not be responsible for security in cases of danger to the person with hearing impairment. It does not require the use of Internet data.

Say with Signs feature: Through the use of compatible sign-reading devices (from own production and from third-party manufacturers, and from any kind of technology), SpeakLiz transforms the sign language of different territories, to voice and text in real time. Its purpose is merely assistance and under no circumstances should it be considered as a replacement for sign language interpreting services made by humans, in any language and under any perspective. It does not require the use of Internet data.

 

MINIMUM TECHNICAL REQUIREMENTS

To use SpeakLiz it is not strictly necessary to have a permanent connection to the Internet, however some functions and updates of the system can require an Internet connection. You must have a mobile device that can support the application and has the following minimum operating systems:

  • iOS from version 10.

  • Android from version 4.4 KitKat.

The Mobile Application was created for the most recent version mobile operating systems available in the market, compatibility issues may appear when using previous versions, as explained in this section, the basic system is iOS from version 10 and Android from version 4.4 (KitKat). In lower operating systems, ATBS alerts lower performance and does not ensure minimum compatibility for SpeakLiz operation, even the apps stores may impose installation restrictions to mobile device.

 

COSTS OF ACCESS AND PURCHASES INSIDE THE APP

SpeakLiz could collect money through a payment or recurrent subscriptions in the app stores for access to the application and its benefits.

 

THIRD PARTIES

Operators of mobile telephony and data services of Users, manufacturers and sellers of mobile devices in which Users download, install, use or access mobile applications, the creator of the operating system for Users' mobile devices and the operator of any application store or similar services through which users obtain the mobile applications, if any, (collectively, the "Third Parties"): are not part of these Terms and Conditions and are not owners or responsible for the mobile applications. Third Parties do not provide any guarantee in relation to mobile applications. They are not responsible for maintenance or other technical support services for mobile applications and will not be liable for any other claims, losses, imputation of liabilities, damages, costs or expenses associated with mobile applications.

Users acknowledge and agree that the Third Parties and their subsidiary companies are third-party beneficiaries of these Terms and Conditions and that they have the right (and will be assumed to have accepted such right) to execute these Terms and Conditions in front of users as third-party beneficiaries.

 

SPEAKLIZ FOR PEOPLE WITH VISUAL IMPAIRMENT

SpeakLiz Vision captures the images of the surroundings in real time through the camera of the mobile device and processes it, under constant updating to warn the user about its immediate surroundings visualized by the camera.

The SpeakLiz Vision App provides access to a package of tools and features related to assisting people with visual impairment:

Single Object Feature: The user must move the camera in several directions a few seconds to scan their surroundings, then can adjust the sensitivity control and the phone will vibrate when it detects an object (only one at the same time), then just touch at any point on the screen, the phone will say what objetc is and its approximate distance, through audible and or written messages. If user want to change from one place to another, do not forget to touch the update button.

Multi Object Feature: Phone will detect one or more simultaneous objects (at the same time) and will say about it, through audible and / or written messages.

Read Feature: Phone will detect text written in many languages (the default language in user device), and will read it aloud (this feature will be soon available in Arabic).

Places Feature: Phone will detect places and scenes such as crosswalk, fire escapes, streets and more. In this feature, user need an Internet connection to verify purchase each time want access it.

 

The application was designed exclusive for assistance purposes and does not have the capacity to definitively replace any other tool to help people with visual impairment, but of complementary and assistive purposes. ATBS will not assume any responsibility for the use and information that SpeakLiz Vision can provide in critical cases of danger.

 

MINIMUM TECHNICAL REQUIREMENTS

To use SpeakLiz Vision it is not strictly necessary to have a permanent connection to the Internet, however some functions and updates of the system can require an Internet connection. User must have a mobile device that can support the application and has the following minimum operating systems:

  • iOS from version 11.3

The Mobile Application was created for the most recent version mobile operating systems available in the market, compatibility issues may appear when using previous versions, as explained in this section, the basic system is iOS from version 11.3. In lower operating systems, ATBS alerts lower performance and does not ensure minimum compatibility for SpeakLiz Vision operation, even the apps stores may impose installation restrictions to mobile device.

 

COSTS OF ACCESS AND PURCHASES INSIDE THE APP

SpeakLiz Vision could collect money through a payment or recurrent subscriptions in the app stores for access to the application and its benefits. 

 

THIRD PARTIES

Operators of mobile telephony and data services of Users, manufacturers and sellers of mobile devices in which Users download, install, use or access mobile applications, the creator of the operating system for Users' mobile devices and the operator of any application store or similar services through which users obtain the mobile applications, if any, (collectively, the "Third Parties"): are not part of these Terms and Conditions and are not owners or responsible for the mobile applications. Third Parties do not provide any guarantee in relation to mobile applications. They are not responsible for maintenance or other technical support services for mobile applications and will not be liable for any other claims, losses, imputation of liabilities, damages, costs or expenses associated with mobile applications.

Users acknowledge and agree that the Third Parties and their subsidiary companies are third-party beneficiaries of these Terms and Conditions and that they have the right (and will be assumed to have accepted such right) to execute these Terms and Conditions in front of users as third-party beneficiaries.

 

 

UPDATES OF MOBILE APPLICATIONS

The Company may request Users to update their version of mobile applications at any time. Although all efforts will be made to preserve the configurations and personal preferences of the Users, there will still be the possibility that they will be lost.

 

PROBLEMS OF WIRELESS COVERAGE AND FUNCTION PERFORMANCE

When attempting to perform an operation on mobile applications, the wireless connection may be interrupted or a feature may be disabled. In the event that this occurs, Users must verify the status of their mobile data or Wi-Fi connection.

The company is not responsible for the mobile applications processes that explicitly require access to the Internet, and partially or fully do not have the enough coverage and speed of wireless or Wi-Fi network, parameters that are subject to other terms and conditions of use and may change because of providers and geographic location. The Company is not responsible for the limitations and / or failures in the operation of any wireless or Wi-Fi service used to access these mobile applications or for the security of wireless or Wi-Fi services. Likewise, the Company is not responsible for charges or fees for the use of data networks, which are the exclusive responsibility of the User.

 

LIMITED LIABILITY

THE THIRD PARTIES, THE COMPANY AND ITS AFFILIATED AND RELATED COMPANIES, ALONG WITH THE RESPECTIVE BOARDS, DIRECTORS, PERSONNEL, EMPLOYEES AND REPRESENTATIVES (IN RELATION TO THE "EXEMPT PARTS") WILL NOT BE RESPONSIBLE OR SUBJECT TO LEGAL ACTIONS, AND IT’S HEREBY EXPRESSED THE USER DISCLAIM TO ANY CLAIM, DEMAND, IMPUTATION OF RESPONSIBILITIES, LEGAL CAUSE, COMPLAINT, CLAIMS OF DAMAGES, FOR REASON OF, AMONG OTHERS, DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL, CONSEQUENTIAL, CIRCUMSTANTIAL, EXTRAORDINARY, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE WITH RESPECT TO THESE MOBILE APPLICATIONS (INCLUDING THE PRODUCTS, SERVICES AND CONTENTS OF THE EXEMPT PARTS), EVEN IF THE EXEMPT PARTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ONLY REMEDY OF THE USERS BEFORE SUCH CLAIMS, DEMANDS, IMPUTATION OF LIABILITY, LEGAL CAUSES, COMPLAINTS OR CLAIMS OF DAMAGES IS TO END THE USE OF THESE MOBILE APPLICATIONS.

PRIVACY

Our privacy policy in relation to any information obtained by ATBS through these mobile applications can be found in the Privacy Policy section of the Company's Website. Some additional rules regarding privacy may be valid as established in the functions of these restricted mobile applications for specific services of the User.

The use of these mobile applications involves the electronic transmission of information through the networks of the wireless service provider. Since the Company does not operate or control the wireless networks used to access mobile applications, the Company is not responsible for the privacy or security of wireless data transmissions. Users must use accredited service providers and verify with their wireless service provider the information related to their privacy and security practices.

 

SPONSORSHIP

In the case that ATBS recommends the use of certain devices that help the best performance of its applications, it is for informative purposes of compatibility for users to make the decision on their own to acquire or not, any of them. In general, ATBS does not recommend, sponsor or promote third-party businesses, services or products. If these mobile applications provide information about third parties or third-party content, and even links to third-party websites, the Company will not be liable for any loss or damage related to any third-party information, even if it contains errors or mistakes. Likewise, the Company will not be responsible and will not be subject to legal action for the services or products of third parties.

 

EXCLUSION OF WARRANTY

THE EXEMPT PARTS MAKES NO REPRESENTATIONS REGARDING THE FUNCTIONALITY AND USE OF THE CONTENT OF THESE MOBILE APPLICATIONS. THE USE AND NAVIGATION THAT THE USER MAKES WITH THESE MOBILE APPLICATIONS IS AT THE EXCLUSIVE RISK OF THE USER. ALL INFORMATION CONTAINED IN THESE MOBILE APPLICATIONS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE", WITHOUT ANY ADVICE OR WARRANTIES, EITHER EXPRESS OR IMPLIED. USERS SHOULD NOT ASSUME THAT THE INFORMATION INCLUDED IN THESE MOBILE APPLICATIONS IS CONSTANTLY UPDATED NOR THAT INCLUDES RECENT INFORMATION.

THESE MOBILE APPLICATIONS MAY STOP WORKING, BEING INTERRUPTED OR BAD FUNCTIONING. THE EXEMPT PARTS HAVE NO RESPONSIBILITY FOR SUCH OPERATION, INTERRUPTION OR UNDUE OPERATION. USERS ARE WARNED THAT THE INFORMATION CONTAINED HERE COULD INCLUDE TECHNICAL ERRORS, INACCURACIES, DEVELOPMENT ERRORS, AND OMISSIONS. THE USER ASSUMES ALL RISKS LINKED TO THE USE OF THESE MOBILE APPLICATIONS, AND AGREES THAT THE COMPANY DISCLAIMS ALL WARRANTIES LINKED TO THE USE OF THE MOBILE APPLICATIONS BY THE USER.

WITHOUT PREJUDICE TO ANY OTHER CLAUSE OF THESE TERMS AND CONDITIONS, THE COMPANY DISCLAIMS ALL MANIFESTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND IN RELATION TO THESE MOBILE APPLICATIONS (INCLUDING OUR PRODUCTS, SERVICES AND CONTENT OF THE WEBSITE) INCLUDING, AMONG OTHERS, THE WARRANTIES OF AVAILABILITY FOR A PARTICULAR PURPOSE, PACIFIC ENJOYMENT, TITLE, NON-VIOLATION OF THIRD PARTY RIGHTS AND PRECISION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE REACHING OF OUR OBLIGATIONS AS SET FORTH IN THESE TERMS AND CONDITIONS.

EXONERATION

The Users will release all liability and exempt the Exempt Parties from any claim, civil liability, legal cause, complaint or damages (including reasonable attorneys' fees and expenses) that appear as a consequence of the use that Users make of mobile applications (including our products, services and Content), including, among others, the incorrect information, content or delivery of mobile applications, or of products and services of the Company or third parties. ATBS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to exoneration by Users, but doing so does not exempt Users from their exemption obligations.

 

AVAILABLE LOCATION FUNCTIONS

Certain localization and internationalization functions are provided by third parties (for example, to define the default language) and can, in certain cases, determine the device location in mobile applications. Users' use of this functionality is subject to the third party's terms and conditions (including occasional updates). The users must use their own judgment on the relevance and suitability of the information. All location information is provided completely in the conditions in which it is located, without guarantees of any kind.

DIVISIBILITY

If any clause of these Terms and Conditions should be invalid, void or unenforceable, the remaining clauses will (in all cases) retain their full validity and the void, invalid or unenforceable clause will be considered as modified, so that it is valid and applicable up to the maximum extent allowed by the law.

 

ADDITIONAL TERMS FOR APPLE DEVICES

This section applies exclusively to Users who use mobile applications on an Apple device (for example, iPhone, iPad), (hereinafter referred to as "Apple Device"). ATBS is only responsible for the mobile applications that the user uses on their Apple Device, and Users may use mobile applications on their Apple Device only as permitted by these Terms and Conditions and the "Terms of Use" set out in the Terms and Conditions of the App Store (http://www.apple.com/legal/itunes/appstore/us/terms.html). Regarding the demarcation of responsibilities between ATBS and Apple Inc.:

  • ATBS must attend to any claim related to the use or possession by the User or a third party of the mobile applications on the User's Apple Device, and the company will be responsible for attending, investigating or defending the claim.

 

  • ATBS has not effectively waived any warranty related to mobile applications on the User's Apple Device, it follows that the Company will be exclusively liable in relation to any warranty of the product or other claims, losses, imputation of liabilities, damages, costs or expenses if the mobile applications do not conform to any of the guarantees.

 

  • If the mobile applications on the User's Apple Device do not conform to any of the relevant warranties, the User may request from Apple Inc. a refund for the sum of the purchase of the mobile applications on the User's Apple Device, if any. Apple Inc. will have no warranty obligations of any other nature with respect to mobile applications on the User's Apple Device. Apple Inc. and its affiliates are third parties exempt from these Terms and Conditions, and Apple Inc. and its affiliates may enforce these Terms and Conditions against Users as third parties exempt from these Terms and Conditions.

 

QUESTIONS AND COMMENTS

Users who have any questions or doubts about the Terms and Conditions for Mobile Applications developed by the Talov brand, can get in touch by writing to the following email:

 

Updated: March 1st, 2019

Copyright © 2019 ATBS & Co. CA. Alternative Technologies Business Solutions & Company. All rights reserved.

Email: info@talovstudio.com

Phone: (+593) 991-245-604

Address: Camilo Ponce Av. and Darío Egas 12-30 St.  

Ibarra - Ecuador

100101

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