Software License Agreement
This End User License Agreement ("EULA") is a legal agreement between you and ClickSpeak Systems for the use of ClickSpeak desktop software. By installing or using the software, you agree to be bound by this agreement.
Table of Contents
1License Grant
Subject to the terms of this EULA and payment of the applicable license fee, ClickSpeak Systems ("Licensor") grants you ("Licensee") a limited, non-exclusive, non-transferable, revocable license to:
Install
Download and install one copy of the Software on devices you own or control, up to the number permitted by your license type.
Use
Use the Software for your personal or internal business purposes in accordance with this EULA.
Create Content
Create, store, and export recordings, SOPs, and documentation using the Software's features.
Backup
Make one archival copy of the Software solely for backup purposes.
2Scope of License
2.1 Personal License
- Licensed to one (1) individual user
- May be installed on up to two (2) personal devices (e.g., desktop and laptop)
- Both devices must be owned or controlled by the licensed individual
- The Software may only be used by the individual named on the license
- Not valid for use in a business with more than one employee
2.2 Team License
- Licensed to the number of seats purchased
- Each seat permits one individual user within your organization
- Each user may install on up to two (2) devices
- Includes access to team management features
- License administrator may reassign seats to different users
- Reassignments limited to once per 30-day period per seat
2.3 License Duration
Your license is perpetual for the version of the Software you purchased. This means you may continue to use that version indefinitely. Updates are included for one (1) year from purchase date; after that, you may optionally purchase an update extension.
3Restrictions
You may NOT:
4Installation & Activation
4.1 License Key
Upon purchase, you will receive a unique license key. This key is required to activate the Software and is associated with your purchase record. Keep your license key secure and do not share it.
4.2 Activation
The Software requires online activation to verify your license. During activation:
- Your license key is validated against our servers
- A device identifier is generated and associated with your license
- No personal data beyond what's necessary for activation is collected
4.3 Device Management
You may deactivate the Software on a device at any time to free up that device slot. If you exceed your device limit, you must deactivate an existing device before activating a new one.
5Updates & Upgrades
5.1 Included Updates
Your license includes all updates released within one (1) year of your purchase date. Updates include:
- Bug fixes and security patches
- Performance improvements
- New features and enhancements
- Compatibility updates for new operating system versions
5.2 Update Extensions
After your initial update period expires, you may optionally purchase an update extension to continue receiving new updates. Without an extension:
- Your current version will continue to work indefinitely
- You will not receive new features or updates
- Critical security patches may be provided at our discretion
5.3 Major Versions
Major version upgrades (e.g., v1.x to v2.x) may require a paid upgrade, with discounts typically offered to existing customers. Upgrade terms will be communicated in advance.
6Ownership
The Software is licensed, not sold. ClickSpeak Systems and its licensors retain all right, title, and interest in and to:
- The Software and all copies thereof
- All intellectual property rights in the Software
- All patents, copyrights, trademarks, and trade secrets
- Any modifications, updates, and derivative works
- The user interface, graphics, and design
- All documentation and related materials
Note: This license grants you no ownership rights. You are acquiring only a limited right to use the Software in accordance with this EULA.
7User-Generated Content
7.1 Your Content Ownership
You own your content. All recordings, screen captures, documentation, SOPs, and other content you create using the Software ("User Content") remains your exclusive property. ClickSpeak claims no ownership rights to User Content.
7.2 Local Storage
User Content is stored locally on your device(s). ClickSpeak does not have access to your User Content unless you explicitly choose to use optional cloud services.
7.3 Your Responsibilities
You are solely responsible for:
- The legality and appropriateness of your User Content
- Obtaining necessary consents before recording individuals or proprietary information
- Backing up your User Content regularly
- Ensuring you have the right to record and document the content you capture
- Compliance with applicable privacy laws and workplace policies
7.4 Prohibited Content
You may not use the Software to create content that is illegal, infringes on third-party rights, contains malware, or violates any applicable laws or regulations.
8Data Collection
8.1 What We Collect
The Software may collect the following information:
- License Verification: License key, device identifier, activation status
- Anonymous Analytics (optional): Feature usage statistics, crash reports (if opted in)
- Technical Information: Operating system version, app version, hardware specifications
8.2 What We Do NOT Collect
- Your screen recordings or captured content
- Your documents, SOPs, or exported files
- Keystrokes or input data
- Personal files outside of the Software
- Network traffic or browsing activity
For complete details, please refer to our Privacy Policy.
9Third-Party Components
The Software may include third-party libraries and components that are subject to their own license terms. These third-party components include:
- Open-source libraries (governed by their respective licenses)
- System frameworks provided by your operating system
- Optional integrations with third-party services
A complete list of third-party components and their licenses is available in the Software's "About" section or in the accompanying documentation.
10Support Services
10.1 Included Support
Your license includes:
- Email support for technical issues and questions
- Access to online documentation and knowledge base
- Community forum access
10.2 Support Limitations
Support does not include:
- Support for modified or altered versions of the Software
- Issues caused by third-party software or hardware
- Training or consulting services (available separately)
- Support for versions that are more than two major versions old
10.3 Priority Support (Team Plans)
Team Plan customers receive priority support with faster response times and dedicated support channels.
11Limited Warranty
30-Day Money-Back Guarantee: If, within thirty (30) days of your purchase, you are not satisfied with the Software for any reason, you may request a full refund by contacting refunds@clickspeak.com. No questions asked.
Additionally, ClickSpeak warrants that for a period of ninety (90) days from purchase:
- The Software will perform substantially in accordance with the documentation
- The installation media (if provided) will be free from defects in materials and workmanship
Your exclusive remedy for breach of this warranty is, at our option, repair or replacement of the Software, or a refund of the license fee paid.
12Disclaimer of Warranties
Important Legal Notice
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ClickSpeak does not warrant that:
- The Software will meet your specific requirements
- The Software will be uninterrupted, timely, secure, or error-free
- The results obtained will be accurate or reliable
- Any errors will be corrected
- The Software will be compatible with any particular hardware or software configuration
13Limitation of Liability
Exclusion of Consequential Damages
IN NO EVENT SHALL CLICKSPEAK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
Liability Cap
IN NO EVENT SHALL CLICKSPEAK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Data Loss
CLICKSPEAK IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA OR USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUPS.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.
14Termination
14.1 Termination by You
You may terminate this license at any time by uninstalling the Software and destroying all copies in your possession.
14.2 Termination by ClickSpeak
ClickSpeak may terminate this license immediately if:
- You breach any term of this EULA
- You fail to pay applicable license fees
- You engage in fraudulent activities or license abuse
- Required by law or court order
14.3 Effect of Termination
Upon termination:
- Your license to use the Software is immediately revoked
- You must uninstall and destroy all copies of the Software
- Any User Content stored locally remains yours
- Sections 3, 6, 7, 12, 13, 14.3, and 17 survive termination
15Export Restrictions
The Software may be subject to export laws and regulations of the United States and other jurisdictions. You agree to comply with all applicable export laws and not to export or re-export the Software to:
- Any country subject to United States trade sanctions
- Any person or entity on a restricted party list
- Any prohibited end use
You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16Government Users
If you are a U.S. Government end user, the Software is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202.
The Software is licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to this EULA.
17Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any disputes arising from this EULA shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
18Entire Agreement
This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and ClickSpeak regarding the Software and supersedes all prior agreements, understandings, and communications.
Severability
If any provision of this EULA is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any right or provision of this EULA shall not constitute a waiver of that right or provision.
Amendment
This EULA may only be amended by a written document signed by ClickSpeak or through an updated version posted on our website with notice to you.
19Contact Information
If you have any questions about this End User License Agreement, please contact us:
General: support@clickspeak.com
Legal: legal@clickspeak.com
Refunds: refunds@clickspeak.com
ClickSpeak Systems
Delaware, United States
By installing, copying, or otherwise using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.