ZpeakUp

ZpeakUp - the world's first AI-powered mobile app for presentation evaluation.

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About the Terms of Use


• General

ZpeakUp websites ('Websites') and mobile applications ('Apps') and related services (together with the Websites, the 'Service') are operated by RiseVerse Tech Limited ('RiseVerse Tech,' 'us,' or 'we'). Access and use of the Service are subject to the following Terms and Conditions of Service ('Terms and Conditions'). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. RiseVerse Tech may amend, update or change these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.Please note that these terms and conditions contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances, rather than jury trials or class action lawsuits. view these terms here.

• a. Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by ZpeakUp; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to ZpeakUp, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account; (v) ZpeakUp reserve the right to remove, reclaim, or change a username you select if such username is inappropriate, obscene, or otherwise objectionable.

• b. General Content

You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, ZpeakUp, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or ZpeakUp have any obligation to you or anyone else to maintain the confidentiality of the Content.

• Your Representations and Warranties

You represent and warrant to RiseVerse Tech that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Hong Kong and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from Hong Kong and/or the jurisdiction in which you reside.

• Inappropriate Use

You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in RiseVerse Tech’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose ZpeakUp or its users to any harm or liability of any kind. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. In connection with using the Service, you agree not to (i) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, database, or directory without written permission from us; (ii) Use any information obtained from the Site in order to harass, abuse, or harm another person; (iii) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with the use, features, functions, operation, or maintenance of the Site;(iv) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (v) Delete the copyright or other proprietary rights notice from any Content.; (vi) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site; (vii) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

• Indemnification of ZpeakUp

You agree to defend, indemnify and hold harmless ZpeakUp and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions.

• License to Apps

Subject to the terms of these Terms and Conditions, RiseVerse Tech grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. RiseVerse Tech and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store or Google Play Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store or Google Play Store. You acknowledge and agree that these Terms and Conditions are solely between you and RiseVerse Tech, not Apple and/or Google, and that Apple and/or Google has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and RiseVerse Tech acknowledge that Apple and/or Google is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and RiseVerse Tech acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, RiseVerse Tech, not Apple and/or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and RiseVerse Tech acknowledge and agree that Apple and/or Google, and Apple and/or Google’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

• NO REPRESENTATIONS OR WARRANTIES BY RISEVERSE TECH

The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by RiseVerse Tech are provided to you on an 'as is' basis. RiseVerse Tech and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. without limiting the generality of the foregoing, RiseVerse Tech does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

• LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY

In no event will RiseVerse Tech be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service damages arising out of or relating to the access or use of, or the inability to access or use, the service loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if ZpeakUp has been advised of the possibility of such damages.

• Termination

ZpeakUp may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your ZpeakUp account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of ZpeakUp’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

• Proprietary Rights in Service Content and Activity Materials

All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the 'Service Content'), are the proprietary property of ZpeakUp or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and ZpeakUp, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, shall be exclusively owned by RiseVerse Tech, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to ZpeakUp any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of ZpeakUp or its licensors that are not expressly granted in these Terms and Conditions are reserved to RiseVerse Tech and its licensors.

• Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

• Trademarks

'ZpeakUp' and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of ZpeakUp or their respective owners. Access and use of the Service do not grant or provide you with the right or license to reproduce or otherwise use the ZpeakUp name or any ZpeakUp or third-party trademarks, service marks, graphics or logos.

• Privacy

Use of the Service is also governed by our Privacy Policy.Please review our Privacy Policy through https://zpeakup.app/Policy.php By using the Service, you consent to the terms of the Privacy Policy.

• Governing Law and Arbitration; No Class Action

These Terms and Conditions, its subject matter and ZpeakUp’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute ('claim') arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of Hong Kong provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. Any dispute or claim relating in any way to these terms and conditions or the service will be resolved by binding arbitration, rather than in court, except for RiseVerse Tech’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

• Language

This agreement was originally written in English. To the extent any translated version of this.

• Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

• Miscellaneous

These Terms and Conditions constitute the entire agreement between RiseVerse Tech and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by RiseVerse Tech or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. RiseVerse Tech may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of RiseVerse Tech and you, and ZpeakUp’s and your respective successors and permitted assigns.

• Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at RiseVerse Tech Limited admin@zpeakup.app