TERMS OF USE
Last updated: September 10, 2024
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Little Bee Speech Co. ( "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of littlebeespeech.com ("Website") and any application developed by Company (collectively the “Applications” and together with the Website the “Services”) including any content, functionality and services offered on or through the Services, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.littlebeespeech.com/privacy_policy.php, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide in the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the Services, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection or application are aware of these Terms of Use and comply with them.
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Apple App Store Terms
The Applications are only available through the Apple App Store. Apple Inc. may, at any time and without notice, restrict, interrupt, or prevent use of such Applications, or delete such Applications from your Apple device(s), or require Little Bee Speech Co. to do any of the foregoing, without entitling You to any refund, credit, or other compensation from Little Bee Speech Co. or any third party (including, but not limited to, Apple Inc. or your network connectivity provider).
Your use of the Applications must comply with the Usage Rules set forth in the Apple App Store Terms of Use, which can be viewed at: https://www.apple.com/legal/internet-services/itunes/us/terms.html
Intellectual Property Rights
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal use or, for commercial customers, for use by your authorized users only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: info@littlebeespeech.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, slogans, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding storage or use of personal information or the export of data or software to and from the US or other countries).
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, reverse engineer, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• Otherwise attempt to interfere with the proper working of the Services.
Monitoring and Enforcement
We have the right to take appropriate legal action, including, without limitation, referral to and cooperation with law enforcement, for any illegal or unauthorized use of the Services.
Free Trial
The Company may offer the Little Bee Hive Subscription with a free trial for a limited period of time.
For an individual free trial, you will be required to have a valid Apple ID and enter your billing information in the Apple App Store in order to sign up for the free trial. Free trials are available for individuals only through the App Store.
You will not be charged by the Company until the free trial has expired. You must cancel your subscription before the last 24 hours of the trial period if you do not wish to automatically be charged the applicable subscription fees for the type of subscription you have selected. All subscription fees are processed through the Apple App Store.
If you belong to a school district or other group you can contact the Company at: sales@littlebeespeech.com for group trial details. Group trials are set up by the Company directly and are not processed through the Apple App Store. The Company reserves the right to refuse trials to any group if deemed necessary by the Company.
At the end of a group free trial, you will have the option to continue with the service by paying the Company directly. Group payments are not recurring and must be paid before the end of the subscription period to continue service.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.
User Accounts
When you create an account through the Services, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Uploading Content
Some of our Services allow you to upload content. This includes custom words, custom images, custom word lists, audio recordings, user image/avatar, and student image/avatar. You are responsible for the content that you upload to the Services, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) you own the content or you have the right to use it and grant the Company the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Termination and/or Cancellation
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may contact the Company and your account will be terminated within 30 days.
The Company will not be required to issue refunds or credits for partial months of service, upgrade/downgrade, or for months unused. The Company may, however, choose to issue refunds at its sole discretion for payments made through the Company. Requests for refunds for payment made through a third party must be made to such third party Company is not liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights to the Services will not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company.
User Communications
You agree that Company may contact you by email at any of the email addresses provided by you or on your behalf in connection with any Services, including for marketing purposes. You may opt out of receiving promotional messages from Company at any time, by following the opt-out instructions provided in the email.
Changes to the Services
We may update the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the content on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Services
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to the information you provide in compliance with the Privacy Policy.
Geographic Restrictions
The owner of the Services is based in the State of Utah in the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services' content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the City of Provo and County of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Utah law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Little Bee Speech Co. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
Your Comments and Concerns
The Services are operated by Little Bee Speech Co., 724 S 1600 W SUITE 202, Mapleton, Utah 84664.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@littlebeespeech.com.