Important Notice
Please read these Terms of Service carefully before using ClickSpeak. By downloading, installing, or using our software, you agree to be bound by these terms. If you do not agree, please do not use our services.
Table of Contents
1Definitions
In these Terms of Service, the following terms have the meanings set forth below:
- "ClickSpeak," "we," "us," or "our" refers to ClickSpeak Systems and its affiliates.
- "Service" or "Software" refers to the ClickSpeak desktop application, website, and any related services.
- "User," "you," or "your" refers to any individual or entity that accesses or uses our Service.
- "License" refers to the right to use the Software granted under these Terms.
- "Content" refers to any recordings, documents, SOPs, or other materials created using the Software.
- "Personal Plan" refers to the one-time purchase license for individual users.
- "Team Plan" refers to the one-time purchase license for teams and organizations.
2License Grant
2.1 Grant of License
Subject to your compliance with these Terms and payment of applicable fees, ClickSpeak grants you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the Software on devices you own or control
- Use the Software for your personal or internal business purposes
- Create, store, and export Content using the Software's features
2.2 License Types
Personal Plan
- • Valid for one (1) user
- • Up to two (2) personal devices
- • Lifetime access to purchased version
- • One year of updates included
Team Plan
- • Valid for purchased number of seats
- • Managed through admin dashboard
- • Lifetime access to purchased version
- • One year of updates included
2.3 Updates & Upgrades
Your license includes one year of free updates from the date of purchase. After this period, the Software will continue to function, but you may optionally purchase an update extension to receive new features and updates.
3Restrictions
You agree NOT to:
- Copy, modify, adapt, translate, or create derivative works of the Software
- Reverse engineer, decompile, disassemble, or attempt to derive the source code
- Rent, lease, lend, sell, sublicense, or transfer the Software or license to others
- Remove or alter any proprietary notices, labels, or marks
- Use the Software to violate any applicable laws or regulations
- Share license keys or use unauthorized license keys
- Use the Software to infringe on the intellectual property rights of others
- Circumvent or disable any security or technical features of the Software
4Account Terms
4.1 Account Creation
To use certain features of the Software, you may need to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as needed
- Keep your password confidential and secure
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials. We recommend using a strong, unique password and enabling two-factor authentication when available.
4.3 Age Requirement
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account and use our Service.
5Payment & Refunds
5.1 Pricing
All prices are displayed in USD and may be subject to applicable taxes. We reserve the right to change pricing at any time, but changes will not affect existing purchases.
5.2 Payment Processing
Payments are processed by our third-party payment processor (Stripe). By making a purchase, you agree to their terms of service. We do not store your complete payment information.
5.3 Refund Policy
30-Day Money-Back Guarantee: If you're not satisfied with ClickSpeak, you may request a full refund within 30 days of your purchase. No questions asked. Contact us at refunds@clickspeak.com.
After the 30-day period, refunds may be granted at our discretion on a case-by-case basis.
5.4 Taxes
You are responsible for paying any applicable taxes. Prices may or may not include taxes depending on your location.
6Ownership & Intellectual Property
6.1 Our Intellectual Property
ClickSpeak and its licensors retain all right, title, and interest in and to the Software, including:
- All copyrights, patents, trademarks, and trade secrets
- The user interface, design, and user experience
- All documentation and related materials
- Any updates, modifications, and derivative works
6.2 Trademarks
"ClickSpeak" and our logo are trademarks of ClickSpeak Systems. You may not use our trademarks without prior written permission, except as necessary to identify our products or services.
6.3 Feedback
If you provide us with feedback, suggestions, or ideas, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate such feedback into our products and services.
7User Content
7.1 Your Ownership
You own your content. All recordings, documents, SOPs, and other materials you create using ClickSpeak belong to you. We do not claim any ownership rights to your Content.
7.2 Local Storage
Your Content is stored locally on your device. We do not have access to your Content unless you explicitly choose to share it with our optional cloud services.
7.3 Your Responsibilities
You are responsible for:
- Ensuring you have the right to record and document the content you capture
- Obtaining necessary consents if recording others or proprietary information
- Backing up your Content regularly
- Not using the Software to create illegal or infringing Content
7.4 Confidential Information
If you use ClickSpeak to record proprietary or confidential information, you are solely responsible for protecting that information. We recommend reviewing your organization's policies before recording sensitive content.
8Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using ClickSpeak, you acknowledge that you have read and understood our Privacy Policy.
9Disclaimers
Important Legal Notice
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Software will meet your specific requirements
- The Software will be uninterrupted, timely, secure, or error-free
- The results obtained from using the Software will be accurate or reliable
- Any errors in the Software will be corrected
10Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Exclusion of 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.
Liability Cap
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Data Loss
WE ARE NOT RESPONSIBLE FOR ANY LOSS OF YOUR CONTENT OR DATA. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR CONTENT.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11Indemnification
You agree to indemnify, defend, and hold harmless ClickSpeak, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use or misuse of the Software
- Your violation of these Terms
- Your violation of any applicable laws or third-party rights
- Your Content or how you use Content created with the Software
12Termination
12.1 Termination by You
You may stop using the Software at any time. You may also request deletion of your account by contacting us.
12.2 Termination by Us
We may suspend or terminate your license and access to the Software if:
- You breach any provision of these Terms
- You engage in fraudulent or illegal activities
- We are required to do so by law
- We discontinue the Software (with reasonable notice)
12.3 Effect of Termination
Upon termination, your license to use the Software is revoked. However, your locally stored Content remains yours. Sections that by their nature should survive termination will survive.
13Modifications to Terms & Software
13.1 Changes to Terms
We may modify these Terms from time to time. When we make material changes, we will:
- Update the "Last updated" date
- Notify you via email or in-app notification
- Post the revised Terms on our website
Your continued use of the Software after changes become effective constitutes acceptance of the revised Terms.
13.2 Changes to Software
We may update, modify, or discontinue features of the Software at any time. We will use reasonable efforts to provide notice of significant changes.
14Governing Law
These Terms 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.
15Dispute Resolution
15.1 Informal Resolution
Before filing any formal dispute, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.
15.2 Binding Arbitration
If we cannot resolve the dispute informally, you agree that any dispute arising from these Terms or the Software shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement.
15.3 Class Action Waiver
You agree to resolve disputes only on an individual basis and waive any right to participate in class actions or class arbitrations.
16General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ClickSpeak regarding the Software.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
16.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
16.6 Export Compliance
You agree to comply with all applicable export laws and regulations.
17Contact Information
If you have any questions about these Terms of Service, please contact us:
By using ClickSpeak, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.