Sign-Speak
End User License Agreement


Last Revised: April 9, 2024

1. Acceptance of Terms
1.1. Terms of Service. These Terms of Service (these “Terms of Service”) govern your access and use of (a) the software platform described in Section 3 below made available as a web application at sign-speak.com or any subdomain of sign-speak.com (together with any successor site, the “Site”) and (b) all services, content, tools, features, and functionalities offered on or through the Site (collectively, the “Service”), which are provided by or on behalf of Sign-Speak, Inc. (the “Company”, “we”, or “us”). By accepting these Terms of Service or by accessing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1.2. User. For purposes of these Terms of Service, “you” or “your” means you as a user of the Service. If you are entering into these Terms of Service on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and may not use the Service.
1.3. Changes to these Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will update the “Last Revised” date at the top of the page of these Terms of Service. You can review the most current version of these Terms of Service at any time at https://sign-speak.com/legal/customer. We will use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect through the Service user interface, a pop-up notice on the Site, email via the email address associated with your Account, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to these Terms of Service is not acceptable to you, you must cease all access or use of the Service.
1.4. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 15 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 15.

2. Your Privacy For more information on how we handle the information you provide to us when you use the Service, please see our Privacy Policy, located at https://sign-speak.com/legal/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

3. Description of Service The Service provides a technology platform that assists users to (1) transcribe English speech to text, (2) generate signed content (signed in Sign Language) from English text and conveyed to the end user through an avatar, (3) translate Sign Language into English text, and/or (4) generate automated English voice from English textual content.

4. Eligibility; Accounts.
4.1. Eligibility. To be eligible to use the Service, you must be at least 13 years of age. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Service if the minor’s parent or guardian accepts these Terms of Service on the minor’s behalf prior to use of the Service. Children under the age of 13 are not permitted to use the Service.
4.2. Account. As part of the registration process, you will create an account to access or use the Service (“Account”) by registering an e-mail address and designating a password linked to such e-mail address. You agree to provide and maintain true, accurate, current, and complete information for your Account. You are responsible for maintaining the confidentiality of your password and Account details, and are fully responsible for any and all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use of your Account or any other breach of security. You may not create multiple Accounts to access the Service.

5. Access and Use of the Service
5.1. Access; Restrictions. You may access and use the Service only for your personal, non-commercial purposes. You shall not (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Service, (b) sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Service available to any third party; (c) use the Service in connection with a service bureau for the benefit of any third party, (d) modify, copy, distribute, transmit, reproduce, or create derivative works of the Service or any content made available thereon; (e) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (f) modify, adapt, or hack the Service to, or otherwise attempt to, gain unauthorized access to the Service or its related systems or networks, (g) use bots, hacks, mods, or any other unauthorized software designed to modify the Service, (h) circumvent, remove, alter, or thwart any technological measure or content protections of the Service, (i) use the service to create a competitive product, (j) use any spider, crawler, scraper, or other automatic device, process or software that intercepts, mines, scrapes, extracts, or otherwise accesses the Service to monitor, extract, copy, or collect information or data from or through the Service, or engage in any manual process to do the same, (k) introduce any viruses, trojan horses, worms, bombs, or other materials that are malicious or technologically harmful into our systems, (l) use the Service for illegal, harassing, unethical, or disruptive purposes, (m) remove any proprietary notices or labels displayed on the Service, or (n) access or use the Service in any way not expressly permitted by these Terms of Service. You shall also comply with any codes of conduct, policies, or other notices the Company provides you or publishes in connection with the Service. WITHOUT LIMITING THE FOREGOING, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED, AND SHOULD NOT BE USED FOR: (I) HEALTH DIAGNOSTIC PURPOSES, (II) THE OPERATION OF ANY EQUIPMENT OR APPLIANCE WHOSE FAILURE OR IMPAIRMENT COULD RESULT IN UNFORESEEABLE PHYSICAL DAMAGE OR DEATH TO A PERSON, MEDICAL EMERGENCIES, (III) DETERMINING ELIGIBILITY FOR ANY FINANCIAL OR LENDING SERVICES, OR (IV) FOR ANY INTERACTION OR COMMUNICATIONS WITH POLICE OR OTHER LAW ENFORCEMENT PERSONNEL.
5.2. AI-Generated Output. You acknowledge and agree the Service is supported by various artificial intelligence algorithms and models developed by the Company (the “AI Models”) and that certain captions, transcriptions, avatars signing in Sign Language, information, recommendations, suggestions, or other output (collectively, “Output”) generated and returned by the Service may be generated using such AI Models and other third-party AI tools. In relying on AI Models and the AI tools, in addition to the limitations and restrictions set forth in these Terms of Service, there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment, and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal. Furthermore, although we employ techniques designed to prevent the generation of offensive or harmful material, there remains a possibility that Output may include content that some persons may find offensive, harmful, or inappropriate. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any content, suggestions, and advice presented to you through the Service, including any reliance on the accuracy, completeness, or usefulness of any Output. Any Outputs are provided “AS-IS” without any warranties of any kind.
5.3. Free Access Subscriptions or Beta Features. Company may provide you with the Service for free or on a trial basis (a “Free Access Subscription”) or features that are identified as “beta”, “pilot”, or similar designation indicating that such features are still under development (“Beta Features”). We make no promises that any Free Access Subscriptions or Beta Features will be made available under the same commercial or other terms. With respect to Free Access Subscriptions, unless you terminate your access of the Service prior to the end of the Free Access Subscription period, you will be charged for continued use of the Service in accordance with Section 6. We may terminate your right to use any Free Access Subscriptions or Beta Features at any time in our sole discretion without liability. Any Free Access Subscriptions and Beta Features are provided by us “AS-IS” without any representations, warranties, or support obligations.

6. Fees; Payment.
6.1. Fees. To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Company as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Company’s prices. If Company does change prices, Company will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Company’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Company’s net income.
6.2. Payment Processing. Notwithstanding any amounts owed to Company hereunder, COMPANY DOES NOT PROCESS PAYMENT FOR THE SERVICE. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. Please contact Stripe if you have any questions regarding the Stripe Agreements. We assume no liability or responsibility for any payments you make through the Service.
6.3. Auto-Renewal. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Company (and Stripe, as its payment processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your Account, and you further agree to pay any charges so incurred. To avoid future charges, you should cancel your subscription at least 15 days before the subscription period renewal by doing the following: Email management@sign-speak.com with your email. Subscription fees paid prior to the effective date of termination are non-refundable but may you can continue to use the Service until the effective date of termination.

7. Your Content
7.1. Your Content. You are solely responsible for all data, images, videos information, feedback, suggestions, text, content and other materials that you upload, deliver, provide, or otherwise transmit or store (hereafter “provide”) in connection with or relating to your use of the Service, including any content you provide that include other individuals who are identifiable (“Your Content”). You represent and warrant that you have obtained all applicable rights, permissions, and consents to grant the Company the right to use Your Content pursuant to this Section 7.1, including the use of any person’s image or likeness as part of the Output. You are responsible for obtaining all necessary rights, permissions, and consents prior to providing or inputting data into Service. By providing Your Content on or through the Service, you hereby grant the Company (and our third party partners and service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content and related Output (as defined below) in connection with (i) providing the Service to you, (ii) improving and enhancing the Services, and for other development, diagnostic and corrective purposes, or therapeutic purposes in connection with the Service and other Company offerings, including to develop and train our AI Models. You agree that the foregoing includes a right for us to make Your Content available to, and pass the foregoing rights to, others with whom we have contractual relationships related to the provision of the Service, such as third party providers of AI tools used in connection with the Service, solely for the purpose of providing the Service, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. Additionally, the Company may generate and use technical logs, data and learnings about your use of the Service and Your Content in aggregate, anonymized form for any lawful business purposes.
7.2. Security Measures. You understand that the operation of the Service may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. We employ a number of technical, organizational and physical safeguards designed to protect Your Content. However, no security measures are failsafe and we cannot guarantee the security of Your Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

8. Telephonic Communications Services By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Company or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Company or its affiliates or partners for marketing or solicitation purposes to purchase Company’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Company or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to a person that acquires your old telephone number.
8.1 There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
8.2 By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

9. Intellectual Property Rights
9.1. Company Rights. The Service, including all updates, upgrades, and enhancements thereto and the AI Models, “look and feel” of the Site, and all related proprietary content, information, and other materials, are protected under intellectual property laws. You agree that the Company and/or its licensors own all right, title, and interest in and to the Service and Software including all intellectual property rights therein. Any rights not expressly granted herein are reserved.
9.2. Company Trademarks. The “Sign-Speak” name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.
9.3. Feedback. We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to the Company any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.
9.4. Your Rights. As between the parties, subject to the Company’s rights to use Your Content as granted in Section 7.1, you own all right, title and interest in and to Your Content and any Output generated from your use of the Service.
9.5. Credit. You must not remove or obscure any watermarks on produced content. Those watermarks must be shown in any produced video.

10. Copyright Complaints.
10.1. Copyright Complaints. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim in accordance with the procedure set forth below.
Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at management@sign-speak.com.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:


Sign-Speak INC
600 Fishers Station Drive
Victor, NY 14564
Phone: 585-562-0642


To be effective, the notification must be in writing and contain the following information:
* a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
* identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
* identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
* a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.
10.2. Counter-Notice. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
* your physical or electronic signature;
* identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
* your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing them that the Company may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against the Company or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
10.3. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the accounts of users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


11. Third-Party Services and Websites The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. The Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. You, and not the Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The Company enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation of any such Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
12. Indemnification To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Company Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to (a) your use of the Service, (b) Your Content, or (c) your violation of these Terms of Service. The Company will provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter. You may not settle or compromise any claim against the Company Parties without the Company’s prior written consent.
13. Disclaimer of Warranties
13.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2. YOU ACKNOWLEDGE THAT THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

14. Limitation of Liability
14.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU FOR THE USE OF THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.
14.2. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
14.3. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

15. Dispute Resolution By Binding Arbitration PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
15.1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
15.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
15.3. Pre-Arbitration Dispute Resolution. The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at the email address set forth in Section 20. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to the mailing address listed in Section 20 below (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
15.4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
15.5. Seat of Arbitration. Unless the Company and you agree otherwise, any arbitration hearings will take place in the State of New York. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
15.6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either the Company or you under the AAA Rules, the Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, the Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
15.7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
15.8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 15.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 15.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
15.9. Opt-Out. You have the right to opt-out and not be bound by this Arbitration Agreement by sending written notice of your decision to opt-out to the U.S. mailing address listed in Section 20 below. The notice must be sent to us within thirty (30) days of your registration with the Service or agreement to these Terms of Service (or if this Arbitration Agreement is amended hereafter (other than a change to the Notice Address), within thirty (30) days of such amendment being effective) and such notice must specify your name and mailing address. If you opt-out of this Arbitration Agreement, we will also not be bound by the terms of this Arbitration Agreement.

16. Termination. You agree that the Company, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service (including Your Content), for any reason, including for lack of use or if the Company believes that you have violated these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your Account and all related information and files in your Account (including Your Content) and/or bar any further access to such files or the Service. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Service.
17. General. These Terms of Service constitute the entire agreement between you and the Company governing your access and use of the Service, and supersede any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of the Company, but the Company may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via email to the e-mail address associated with your Account. Notices to the Company may be made via the e-mail address or mailing address set forth in Section 20. The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond the Company’s reasonable control.
18. Notice for California Users Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address set forth in Section 20 below.
19. U.S. Government Restricted Rights The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).
20. Questions? Concerns? Suggestions? Please contact us at 600 Fishers Station Drive, Victor, NY 14564 and management@sign-speak to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.