Terms of Service

Terms of use for all users

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

1. Introduction. These Terms of Use are entered into between you and HWC TECHNOLOGIES, LLC (“HWC,” “we,” or “us”), a Florida Limited Liability Company with offices located at 3400 SW 27TH AVE UNIT 1604, MIAMI, FL 33133.
2. The following terms and conditions, together with any documents expressly incorporated by reference, (collectively the “Terms” or “Terms of Use”) govern your access to and use of Speaky.co (“Speaky” or the “Site), including any content, functionality, or services, offered on or through the Site, whether as a guest or registered user.
3. Definitions:
   1. “HWC,” “we,” or “us” is the owner and operator of the Speaky website;
   2. “Speaky” is the website accessed via the URL Speaky.co;
   3. “User” is any individual that accesses and/or uses Speaky, whether as a Speaker or Speakee (also “you” or “your”);
   4. “Terms of Use” or “Terms” is the legally binding agreement between you and us which consists of the: (i) Terms of Use for All Users; (ii) Contract between Speaker and User; (iii) Privacy Policy; (iv) Acceptable Use Policy; and (v) Referral Program Terms of Use;
   5. “Connection or User/Speaker Transaction” includes any video call between Users, for which the Speaker offers a timed video call in exchange for monetary compensation from a Speakee (also “Speaker Services”);
   6. “Speaker” is a User that offers their Services on Speaky;
   7. “Speakee” is a User that pays for Speaker Services and accesses the Speaky website;
   8. “Referral Program”; is the program that Users may engage in, outlined in our Referral Program Terms of Use;
   9. “Referring User”; is an active User in good standing that refers another individual under the Speaky Referral Program;
   10. “Referred User”; is a User that is referred to Speaky by a valid Referring User under the Speaky Referral Program Terms of Use;
   11. “Speaker Fee”; is the amount that a Speaker charges any given User for the “User/Speaker Transaction”;
   12. “Service(s); includes any interaction with Speaky and/or the Speaky Website.
4. Acceptance of these Terms. Please read the Terms of Use carefully before using or accessing Speaky.co. By using the Speaky website or by clicking to accept the Terms of Use, you accept and agree to be bound and abide by these Terms and all documents incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Speaky website.
5. Other Terms, Conditions, and Policies that apply to your use of Speaky.
   1. Contract Between Speaker(s) and User(s);
   2. Privacy Policy;
   3. Acceptable Use Policy; and
   4. Referral Program Terms of Use, if you participate in the Speaky Referral Program.
6. Changes to Speaky. We may update and change Speaky from time to time for any reason, including but not limited to Users’ needs, our internal business practices, address security issues, or update website functionality. There is no guarantee that Speaky will be accessible or available without interruption. Access to Speaky may be withdrawn or suspended totally or in part for any reason.
7. Acceptance of these Terms of Use. Please read the Terms carefully before you start to use Speaky. By using or accessing Speaky [**clicking to agree to Terms of Use], you accept and agree to be bound by these Terms [PRIVACY POLICY]. If you do not want to be bound by the Terms, you must not access or use Speaky.
8. Changes to the Terms. We may change any part of the Terms at our sole discretion without notifying Users under the following circumstances:
   1. to address imminent threat(s) of fraud, data breaches, malware, criminal activity, or other cybersecurity hazards;
   2. to comply with change(s) in law(s) and/or regulation(s) that apply to Speaky and the Services, Features, and/or programs offered by Speaky.
   3. For any other purpose, including but not limited to business operations.
9. All changes to these Terms are effective immediately. Your continued use of Speaky following a revision of the Terms means that you accept and agree to the changes. You are responsible for checking Speaky’s Terms of Use so you are aware of any changes, as they are binding.
10. Age Requirement. Speaky is offered to individuals who are eighteen (18) years of age or older. By accessing Speaky or any of its services, you represent and warrant that you are at least 18 years of age.
11. Accessing Speaky and Account Information. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, within our sole discretion and without notice. We are not liable if for any reason, all or part of Speaky is unavailable at any time or for any period.
    1. We may restrict User and/or Speaker access to the Site for any violation of these Terms or any applicable law(s) or regulation(s).
    2. You are responsible for ensuring that all persons who access Speaky through your internet connection or Speaky account are aware of these Terms and comply with them.
    3. To access Speaky or some of the services it offers, you may be required to provide certain details or information. To use Speaky, any information provided to Speaky must be correct, current, and complete. You agree that all information provided to Speaky is governed by our [PRIVACY POLICY], and you consent to actions we take with respect to your information consistent with our [PRIVACY POLICY].
12. User Commitments. When you register and use Speaky, you commit to:
    1. Ensure that all information provided to Speaky is truthful, complete, and current.
    2. If any of the information that you previously submitted has changed, you agree to promptly update that information.
    3. Refrain from taking screenshots/screen recordings of a Speaker/User Transaction. Speaker/User Transaction(s) are the property of HWC and the distribution/transmission of any such material will result in legal action.
    4. Consent to Record. By using Speaky, both Speakers and Speakees consent to the potential recording of video calls conducted through our platform. These recordings are primarily for safety purposes, to ensure compliance with our Terms of Use, and to deter and investigate prohibited activities, including illegal or explicit activities.
    5. Use and Review of Recordings. Recordings of video calls will only be accessed and reviewed under specific circumstances:
       1. Safety Investigations: If a safety issue or complaint is reported, recordings may be reviewed to verify the details of the incident and take appropriate actions.
    6. Rights of Speaky. While Speaky reserves the right to record any video calls on its platform, this does not constitute a commitment to record all interactions. The decision to record and review any particular interaction depends on operational considerations and compliance requirements. By using Speaky, users acknowledge and agree that such recordings may be made at our discretion and used in accordance with our Privacy Policy and applicable laws.
    7. Data Handling and Privacy. All recordings will be handled with the utmost respect for privacy and data protection. Access to these recordings will be strictly limited to authorized personnel, and recordings will be retained only for as long as necessary to fulfill their intended purpose. Further details on the handling of personal data can be found in our Privacy Policy.
    8. If you are banned, suspended, or your account is deleted by Speaky due to your violation of these Terms, you agree not to attempt to create another Speaky account with the same or different information.
    9. Agree that You are responsible for all activity on your account even if it is someone else that used your account.
13. Speaky is a venue that contains third-party content. Speaky is not responsible for:
    1. All content is created and provided by Users, and not by Speaky. We are not responsible for reviewing nor moderating User/Speaker Transactions in any capacity.
    2. Dropped calls or intermittent service by any party involved in a Speaker/User Transaction. It is the responsibility of each party involved to ensure that their internet connection is sufficient and stable. Speaky is not responsible nor liable for any interruptions to a Speaker/User Transaction due to connectivity issues. If a User experiences a dropped call, submit an email request to Speaky. Each situation will be reviewed on a case-by-case basis.
    3. Any advice, instruction, suggestion, or comment(s) made by any User or Speaker. Any representation or suggestion made by a User on Speaky is for entertainment or informational purposes only, not as a substitute for any specific professional advice. You assume all responsibility if you choose to do so.
    4. Speaky is a venue for informational and entertainment purposes only, owned and operated by HWC, that exists to broker connections between Speakers and Users who are interested in purchasing a User/Speaker Transaction. Speakers and Users provide the content that comprises User/Speaker Transaction(s) – Speakers are not employees nor agents of Speaky. Speakers are independent service providers using the Speaky Site to offer their time to Users in exchange for compensation.
    5. Speaky is not involved in User/Speaker Transactions whatsoever. All Speaky Users understand and acknowledge that Speaky does not edit, modify, screen, monitor, endorse, nor guarantee the content of any User/Speaker Transactions. Speaky is not responsible for any act(s) or omission(s) of any User/Speaker. Notwithstanding the foregoing, Speaky reserves the right to refuse to post or to remove any content and/or any User’s access to Speaky.
    6. Speaky cannot guarantee that a Speaker will complete a Speaker/User Transaction, nor is Speaky liable for a Speaker’s failure to do the same.
    7. Users are responsible for their own acts and omissions. Speaky is not liable to any User for any dispute that may arise between or among Users/Speakers.
    8. Speaky may offer Users products and services offered by third parties. The Speaky Site may contain links to third party websites or service providers that are not owned or controlled by Speaky. Speaky has no control over and does not assume any responsibility for the content, practices, and privacy policies of said third parties. By using the Speaky website, you agree that Speaky is not responsible for your decision to visit any third party website and you hold Speaky harmless from any and all liability that may arise from such actions. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
14. Waiver of Jury Trials and Binding Arbitration.
    1. YOU AND SPEAKY AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS IN A COURT BEFORE A JURY. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCT(S) OR SERVICE(S) THROUGH SPEAKY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
    2. Arbitration will be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and Mediation Procedures.
       1. The arbitrator has exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) is final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
       2. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced.
    3. Limitation of Liability.
       1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SPEAKY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SPEAKY WEBSITE AND/OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING LOSS OF REVENUE OR PROFIT, LOSS OF DATA, DIMINUTION OF VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SPEAKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
       2. IN NO EVENT SHALL SPEAKY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SPEAKY FOR THE SERVICES SOLD HEREUNDER.
       3. Section 12(b) shall not apply to (i) liability resulting from Speaky’s gross negligence or willful misconduct and (ii) death or bodily injury directly resulting from Speaky’s acts or omissions.
    4. Consent to Receive Reminders. Users that register for a Communication with a Speaker consent to receive an SMS text message for any purpose whatsoever, including but not limited to a meeting reminder to the phone number that the User provided upon registration. User acknowledges that normal SMS messaging rates may apply.
    5. Disclaimer of Warranties. You understand that we do not guarantee nor warrant that files available for download from the internet or the Speaky website 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 and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SPEAKY WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPEAKY WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
       1. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPEAKY WEBSITE IS AT YOUR OWN RISK. THE SPEAKY WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPEAKY WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HWC NOR ANY PERSON ASSOCIATED WITH HWC OR SPEAKY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SPEAKY WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HWC NOR ANYONE ASSOCIATED WITH HWC/SPEAKY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPEAKY WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
       2. TO THE FULLEST EXTENT PROVIDED BY LAW, 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.
       3. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    6. Intellectual Property. The Speaky website and its content, 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 HWC, its licensors, or other providers of said material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    7. Personal, Non-Commercial Use. You may use the Speaky website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Speaky website, except the following:
       1. Your computer may temporarily store copies of the aforementioned materials in RAM incidental to accessing those materials.
       2. You may store files automatically cached by your web browser.
       3. You may print or download one copy of a reasonable number of pages of the Speaky website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
       4. If a desktop, mobile, or other application is provided for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you assent to our end user license agreement for such applications.
    8. Prohibited Uses. Speaky may only be used for lawful purposes and in accordance with these Terms of Use. You agree not to use Speaky:
       1. In any way that does not comply with our Acceptable Use Policy set out in these Terms.
       2. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the USA or other countries).
       3. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
       4. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Acceptable Use Policy set out in these Terms of Use.
    9. Linking/Sharing the Speaky Website. You may link to our website, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it. However, you may not establish a link or share in such a way as to suggest any association, approval, or endorsement from Speaky without our express written consent.
       1. You must not:
          1. Take any action with respect to the Speaky website materials that is otherwise inconsistent with any provision of the Terms of Use.
       2. Any website from which you are linking, or on which you make Speaky content available, must comply in all respects with Speaky’s Terms of Use.
    10. Geographic Restrictions. The owner of Speaky is based in the State of Florida in the United States. Speaky is for use only by persons located in the United States. We make no claims that the Speaky website or any of its content is accessible or appropriate outside of the United States. Access to the Speaky website may not be legal by certain persons or from certain countries. If you access Speaky from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.
    11. Telephone Consumer Protection Act Disclosure. Communications from Speaky, including its agents, representatives, affiliates, or partners, may include but are not limited to: operational communications concerning your account or use of Speaky, updates concerning new and existing features of the Speaky Site, and any marketing information and promotions run by Speaky.
        1. By entering your telephone number into the Speaky website, you expressly agree to receive communications for the purposes identified herein. You expressly agree that these communications, including SMS or text messages, may be generated using automated technology even if your telephone number(s) is listed on any corporate, state, or federal Do-Not-Call lists.
    12. Information collected, including personal information may be shared with affiliates and third-party providers, who will use that information in accordance with their own privacy policies. Please visit our Privacy Policy for more information.
    13. Trademarks. The Speaky name, terms, logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of HWC, Speaky, and its affiliates or licensors. You must not use such marks without the prior written consent of HWC. All other names, logos, product and service names, designs, and slogans on the Speaky website are the trademarks of their respective owners.
    14. Compliance with Law. Users shall comply with all applicable laws, regulations, and ordinances. Users shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that User needs to carry out its obligations under this Agreement. Speaky may terminate this Agreement if any governmental authority imposes any duties or penalties on the Services.
    15. Identification. You agree to defend, indemnify, and hold harmless Speaky, 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 but not limited to reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of the Speaky website, including but not limited to, your User Contributions, and any use of the Speaky website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Speaky website.
        1. You acknowledge that User conduct, including but not limited to, conduct during a Connection or User/Speaker Transaction, is completely outside of Speaky’s control and will not be held liable. You further acknowledge that Speaky is not liable in any capacity for User conduct in connection with the Speaky website and the services provided therein.
    16. Termination. In addition to any remedies that may be provided under these Terms, Speaky may terminate this Agreement with immediate effect upon written notice to User, if User: (a) fails to pay any amount when due under this Agreement, and such failure continues for seven (7) days after Buyer’s receipt of written notice of nonpayment; (b) has not otherwise performed or complied with any of these Terms, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors; or (d) any other reason within Speaky’s sole discretion.
    17. Time Limitation to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SPEAKY WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    18. Wavier. No waiver by Speaky of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Speaky. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
    19. Assignment. User shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Speaky. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under this Agreement.
    20. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
    21. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
    22. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
    23. Notice.
        1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) posting to the Speaky website. Notice sent by email is effective when we send the email and notices posted on the Speaky Site is effective upon posting. It is your responsibility to keep your email address current and check the Speaky Website for changes.
        2. To Us. To give us notice under these Terms, you must: ; (i) email Speaky at [email protected] or (iii) by personal delivery, overnight courier or registered or certified mail to 3400 SW 27th Ave, Miami, FL, 33133, Unit 1604. We may update the addresses for notices to us by posting a notice on the Speaky website. Notices provided by personal delivery are effective immediately. Notices provided by facsimile transmission or overnight courier are effective one business day after they are sent. Notices provided by registered or certified mail are effective three (3) business days after they are sent.
    24. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
    25. Entire Agreement. The Terms of Use and all other Terms incorporated herein, including those listed in Section 5 of the Terms of Use for All Users, constitute the only and entire agreement between you and Speaky regarding the Speaky website and will supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding Speaky and its use.

Terms of use for speakers

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

1. Introduction. These Terms of Use for Speakers are additional terms which apply to Users that utilize Speaky as a Speaker (also referred to as “you” and “your”). These Terms of Use for Speakers form part of your agreement with Speaky.
2. Definitions. In the Terms of Use for Speakers, defined terms have the same meanings as defined in the Terms of Use for all Users, unless otherwise stated.
   1. “Confidential Information” is any information that is treated as confidential by Speaky, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing, to the extent that each is: (a) if in tangible form, marked as confidential; or (b) otherwise, identified at the time of disclosure as confidential;
3. How to Set up your Speaker Account. Visit Speaky.co and navigate to the registration page. Enter your: Name/Alias, email address, Instagram handle (optional but recommended for visibility), referral code (if applicable).Phone Number Confirmation. Please confirm your phone number to finalize pre-registration. We will never use or give out your phone number; this is only to confirm you’re not a bot. Verification Process. Once registered, our team will review your application. You may be contacted for further verification or to provide additional information.
4. Legal Responsibility of Speakers. Only individuals may be Users and/or Speakers. Every User is bound individually and personally by the Terms of Use. If a User has an agent, management company, or other third party that assists you with the operation of your user account (or operates your user account on your behalf), this will not limit your personal legal responsibility whatsoever. Speaky’s association is with you, and not with any third party that you engage with, and you will be legally responsible and liable for all content generated by you. You are solely responsible to ensure that your account complies with all applicable Terms of Use.
5. Other Terms of Use that apply to your use of Speaky.
   1. Terms of Use for All Users;
   2. Contract Between Speaker(s) and User(s);
   3. Privacy Policy;
   4. Acceptable Use Policy; and
   5. Referral Program Terms of Use, if you participate in the Speaky Referral Program;
6. Fees. Speaky charges Speakers a fee of twenty five percent (25%) of all user payments made to you. The remaining seventy five percent (75%) of the user payment is payable to you (hereinafter referred to as “Speaker Earnings”).
   1. Our fee includes the costs of providing and maintaining Speaky for all Users, including Speakers, and storing User and/or Speaker content. Our Fee is deducted from the payments made to you by Users.
   2. Creator Earnings are paid to Speakers as described in the Speaker Payout section below.
7. Speaker Payout. Speakers on Speaky are compensated according to the following terms: Payment Structure. Speakers will receive compensation based on agreed-upon rates for their speaking engagements or services rendered through Speaky. Payment Schedule. Payments will be processed following the completion and approval of services, unless otherwise specified in a separate agreement. Payment Method. Payments will be made via third party processors provided by Speaky. It is the speaker’s responsibility to ensure their payment details are accurate and up-to-date. Taxes and Fees. Speakers are responsible for any taxes or fees associated with payments received through Speaky. Disputes and Resolutions. In the event of payment disputes or discrepancies, speakers should contact Speaky’s support team at [email protected] for resolution. Changes to Payment Terms. Speaky reserves the right to update or modify payment terms and conditions. Speakers will be notified of any changes in advance via email or through Speaky’s platform.
8. Identification. You agree to defend, indemnify, and hold harmless Speaky, its affiliates, licensors, and service providers, 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 but not limited to reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of the Speaky website, including but not limited to, your User Contributions, and any use of the Speaky website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Speaky website.
   1. You acknowledge that User conduct, including but not limited to, conduct during a Connection or User/Speaker Transaction, is completely outside of Speaky’s control and Speaky will not be held liable. You further acknowledge that Speaky is not liable in any capacity for User conduct in connection with the Speaky website and the services provided therein.
   2. Furthermore, you agree to indemnify and hold harmless Speaky, its affiliates, licensors, and service providers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of or relating to the unauthorized use, production, and/or distribution by a third party of your image, likeness, or otherwise proprietary content connected with your use of the Site (i.e., User records or screenshots a User/Speaker Transaction).
9. You acknowledge that User conduct, including but not limited to, conduct during a Connection or User/Speaker Transaction, is completely outside of Speaky’s control and will not be held liable. You further acknowledge that Speaky is not liable in any capacity for User conduct in connection with the Speaky website and the services provided therein.
10. Limitation of Liability.
    1. IN NO EVENT SHALL SPEAKY BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OF DATA, DIMINUTION OF VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SPEAKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    2. IN NO EVENT SHALL SPEAKY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LESS OF THE TOTAL OF THE AMOUNTS PAID TO SPEAKY FOR THE SERVICES SOLD HEREUNDER.
    3. Section 10(b) shall not apply to (i) liability resulting from Speaky’s gross negligence or willful misconduct and (ii) death or bodily injury directly resulting from Speaky’s acts or omissions.
11. Compliance with Law. Users shall comply with all applicable laws, regulations, and ordinances. Users shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that User needs to carry out its obligations under this Agreement. Speaky may terminate this Agreement if any governmental authority imposes any duties or penalties on the Services.
12. Termination. In addition to any remedies that may be provided under these Terms, Speaky may terminate this Agreement with immediate effect upon written notice to User, if User: (a) fails to pay any amount when due under this Agreement, and such failure continues for seven (7) days after Buyer’s receipt of written notice of nonpayment; (b) has not otherwise performed or complied with any of these Terms, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
13. Waiver. No waiver by Speaky of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Speaky. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
14. Assignment. User shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Speaky. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under this Agreement.
15. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
16. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
17. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
18. Notice.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) posting to the Speaky website. Notice sent by email is effective when we send the email and notices posted on the Speaky Site is effective upon posting. It is your responsibility to keep your email address current and check the Speaky Website for changes.
    2. To Us. To give us notice under these Terms, you must: (i) by facsimile transmission to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to [NAME AND ADDRESS]. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery are effective immediately. Notices provided by facsimile transmission or overnight courier are effective one business day after they are sent. Notices provided by registered or certified mail are effective three (3) business days after they are sent.
19. Waiver of Jury Trials and Binding Arbitration.
    1. YOU AND SPEAKY AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS IN A COURT BEFORE A JURY. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCT(S) OR SERVICE(S) THROUGH SPEAKY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
    2. Arbitration will be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and Mediation Procedures.
       1. The arbitrator has exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) is final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
       2. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced.
    3. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Contract between speakers and users

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

1. Introduction. This Contract Between Speakers and Users (“this agreement”) governs the terms of each transaction between a Speaker and a User on Speaky.
   1. Application. Each time a User/Speaker Transaction occurs on Speaky, this agreement will apply to the exclusion of any other terms which the Speaker or User may propose and/or agree to amongst themselves, and this agreement between User and Speaker will legally bind the same in the User/Speaker Transaction.
   2. The only parties to this agreement are the Speaker and User involved in the User/Speaker Transaction. Neither HWC nor any of its subsidiaries are party to this agreement. Neither HWC nor any of its subsidiaries grants any rights in respect of, nor participates in, any User/Speaker Transaction, except that HWC or its subsidiaries may act as a payment intermediary in accordance with the Speaker and Fan instructions set out in this agreement.
2. Definitions. In the Contract Between Speakers and Users, defined terms have the same meanings as defined in the Terms of Use for all Users, unless otherwise stated.
   1. “User/Speaker Transaction” includes any video call between Users, for which the Speaker offers a timed video call in exchange for monetary compensation from a Speakee (also “Speaker Services”).
3. Pricing and Payment. User(s) agree that by entering into a User/Speaker Transaction, the User agrees to pay the amount due according to the pricing established and published in the Speaker’s account, plus any applicable fees and/or taxes.
   1. All Users and Speakers participating in a User/Speaker Transaction authorize HWC or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the payments and any applicable taxes and/or fees, and to pay out the sums due to Speakers and Referring Users (if applicable under the Referral Program), as described in the Speaky Terms of Use.
4. Speaker Content License. Speakers agree to grant to Users a limited license to access the Speaker’s content during a “User/Speaker Transaction”. This license is non-transferable, non-sublicensable, and non-exclusive. This license allows Users to view the Speaker’s content on the User’s personal device, in accordance with the Speaky Acceptable Use Policy.
5. Ownership of Content. The User participating in the User/Speaker Transaction agrees that the license provided in this Agreement does not result in the User acquiring any rights in or to the aforementioned content, the rights to which shall be retained by the Speaker.
6. License Expiration. The License granted to a User regarding a User/Speaker Transaction will automatically expire without notice when: (i) the User payment to the Speaker was unsuccessful, or is charged back or reversed for any reason; (ii) once the User has completed viewing the content or at the end of the User/Speaker Transaction; if a User’s account is suspended or terminated for any reason; (iii) if the User breaches Speaky’s Terms of Use; and (iv) if the User closes their Speaky account. ‘’’
7. Requests for Explicit Content. Any User that requests explicit and/or sexual content from a Speaker, at any time, will result in immediate cancellation of the User/Speaker Transaction, suspension/termination of the User’s account, and there WILL BE NO REFUNDS.
8. Speaker and User Instructions.
   1. Account Creation/Onboarding Process. Speaky has procedures in place intended to ensure that all Users and Speakers on the Speaky website: (1) are at least 18 years of age; and (2) verify their identity.
      1. Before creating a Speaker account, Speaky will:
         1. Require that you provide Personal Information as identified herein.
         2. Check your country of residence to ensure lawful access to the Speaky website and its services.
         3. Request Financial Information as identified herein.
         4. Require that all Speakers pass a Know Your Customer (“KYC”) check administered by a third party to be eligible to receive compensation from Speaky.
      2. Transaction Disputes.
   2. Cancellation and Refunds. All sales are final and nonrefundable. You acknowledge that Speaky is not liable for fraud or misrepresentation committed by Speakers.
      1. In the event that a User initiates a ‘chargeback’, the Speaker engaged in the transaction for which the chargeback was initiated agrees that the amount charged back will be deducted from the Speaker’s Earnings.
   3. User/Speaker Transaction Obligations.
      1. The User and Speaker engaged in the User/Speaker Transaction agree to comply with Speaky’s Terms of Use, including but not limited to, the Speaky Acceptable Use Policy.
      2. A User that incorrectly initiates a chargeback for a User/Speaker Transaction is subject to immediate and indefinite account suspension and a ban from accessing Speaky in any capacity.
      3. The Speaker engaged in the User/Speaker Transaction agrees to appear at the scheduled date and time after the User has made the payment applicable to the User/Speaker Transaction.
      4. The Speaker engaged in a User/Speaker Transaction that fails to appear at the scheduled time and fails to agree to a new date within five (5) days of the original User/Speaker Transaction date, will be subject to a deduction from their Speaker Earnings equal to the disputed amount charged back by the User.
      5. The User engaged in the User/Speaker Transaction acknowledges and agrees that it cannot record nor share the content that forms the User/Speaker Transaction for any reason whatsoever.
      6. The User acknowledges that entering into a User/Speaker Transaction is entirely at the User’s own risk.
      7. The User engaged in the User/Speaker Transaction acknowledges that ANY REQUEST FOR SEXUAL AND/OR EXPLICIT CONTENT WILL RESULT IN IMMEDIATE SUSPENSION/TERMINATION OF THE USER’S ACCOUNT AND ANY PENDING/ACTIVE USER/SPEAKER TRANSACTION(S) WITH NO REFUND(S) WHATSOEVER.

ACCEPTABLE USE POLICY

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

1. This Acceptable Use Policy (“Policy”) applies to your use of Speaky and all material on Speaky and forms part of your agreement with us. This Policy describes what is permitted and what is not allowed on Speaky. All defined terms have the same meanings as set forth in the Terms of Use for all Users, unless otherwise specified.
2. You may not use Speaky except for your own personal use. You cannot sell, rent, transfer, or share your account or any content obtained through your use of Speaky to or with any other individual or entity.
3. You cannot use Speaky for an unlawful purpose or manner.
4. There is NO NUDITY OR EXPLICIT CONTENT allowed on Speaky, whatsoever, including but not limited to, during a User/Speaker Transaction.
5. You may not transmit, stream, or otherwise send a pre-recorded audio or video material during a live stream, or otherwise attempt to present recorded material as a live stream.
6. Do not impersonate us, a Speaky employee, another User, or any other person or entity.
7. Do not falsely state or suggest any affiliation, endorsement, or sponsorship between you and us or any other person/entity.
8. You cannot display, upload, post, or publish content on Speaky that shows, includes, promotes, advertises, or refers to:
   1. any individual that is under the age of 18 years old;
   2. any other individual unless you possess documentation that confirms said individuals are at least 18 years old, and you have written consent from all individual(s) to use their name, image, or likeness in the content.
   3. drugs or drug paraphernalia;
   4. self-harm or suicide;
   5. firearms, weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions;
   6. any explicit or sexual content;
   7. violence, rape, lack of consent, hypnosis, intoxication, drug use, sexual assault, torture, and/ or abuse;
   8. human excrement;
   9. escort services, sex trafficking, or prostitution;
   10. hate speech;
   11. any other individual’s personal data or private confidential information (for example, phone number, location information, names, identifying documentation, email addresses, log-in information, financial information, biometric data, medical records, or credit card details without that individual’s express and written consent;
   12. implies that it is approved, licensed, or endorsed by Speaky or any other person or company;
   13. causes or is intended to cause harm to someone else, or which is likely to upset, embarrass, or cause serious offence to another person;
   14. involves or promotes third-party commercial activities or sales (i.e., contests, sweepstakes, other sales promotions, product placements, advertisements, job posting or employment ads without our express and written consent;
9. You may not provide false information when registering for a User account, nor make unauthorized use of anyone else’s information or content.
10. You agree not to use the Speaky website in a manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the Speaky website, including their ability to engage in real time activities (i.e., live video chat) through the Speaky website.
11. You may not use any robot or other automatic device, “bot”, process, or means to access the Speaky website for any purpose.
12. You may not use manual process(es) to monitor or copy any material on the Speaky website, or for any other purpose not expressly authorized by the Terms of Use, without our prior written consent.
13. You cannot use any device, software, or routine that interferes or is meant to interfere with the proper operation of the Speaky website.
14. You agree not to introduce any viruses, trojan horses, worms, logic bombs, or any other materials/programs that are malicious or technologically harmful.
15. You may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any part(s) of the Speaky website, the server on which the Speaky website and/or its data is stored, or any server, computer, or database connected to the Speaky website and its operation.
16. You agree not to attack the Speaky website utilizing a denial-of-service attack or a distributed denial-of-service attack.
17. You agree not to otherwise attempt to interfere with the proper operation of the Speaky website.
18. You may not post or cause spam to be posted, or otherwise inauthentic, repetitive, misleading, or low quality posts.
19. Do not use Speaky to stalk, bully, abuse, harass, threaten, or intimidate someone else.
20. You may not use Speaky to engage in misleading or deceptive conduct, or conduct that is intended or likely to mislead or deceive another person(s).
21. You may not violate our or someone else’s rights, including but not limited to intellectual property rights, personality, rights, unfair competition, privacy, and data protection rights.
22. Do not record, reproduce, share, communicate, or otherwise distribute Speaker content without their express authorization.
23. User Contributions. The Speaky website may contain message boards, chat rooms, personal web pages, profiles, forums, bulletin boards, interactive video posts, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users or persons content or material (collectively, “User Contributions”) on or through the Speaky website.
    1. All User Contributions posted to the Speaky website will be considered non-confidential and non-proprietary. All User Contributions on the Speaky website will be considered a grant allowing us and our affiliate(s), service provider(s), and each respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material(s).
    2. You represent and warrant that: (i) you own or control all rights in and to your User Contributions and have the right to grant the aforementioned license to us and our affiliates, service providers, and each respective licensees, successors, and assigns, and (ii) all of your User Contributions comply with these Terms of Use.
    3. You acknowledge and understand that you are responsible for any User Contributions you submit or contribute, and you, not Speaky, have full responsibility for such content, including its legality, reliability, accuracy, appropriateness, and potential consequences.
    4. Speaky is not responsible or liable to any third party for the content and/or accuracy of User Contribution(s) posted by you or any other User of the Speaky website.
24. Monitoring and Enforcement. Speaky has the right to:
    1. Remove or refuse to post any User Contribution(s) for any reason in our sole discretion, without prior notice.
    2. Take any action with respect to User Contributions that we deem necessary or appropriate in our sole discretion.
    3. Disclose your identity or other information about you to a third party who claims that your User Contribution(s) violates their rights, including their intellectual property rights or right to privacy.
    4. Take appropriate legal action, without limitation, including referral to law enforcement for any illegal or unauthorized use of the Speaky website.
    5. Terminate or suspend your access to the Speaky website, in part or in whole, for any reason without limitation within our discretion, for any violation of these Terms of Use.
    6. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Speaky website. YOU WAIVE AND HOLD HARMLESS HWC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPEAKY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SPEAKY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    7. However, Speaky does not review all material before it is posted on the Speaky website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Speaky has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
25. Content Standards. These Content Standards apply to any and all User Contributions and the use of Speaky’s services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. User contributions must not:
    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
    3. Violate the legal rights of others or contain material that could give rise to civil/criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Policy.
    4. Be likely or intended to deceive any person.
    5. Promote any illegal activity, or advocate, promote, or assist any unlawful act(s).
    6. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions or advertising.
26. Online Purchases. All purchases made through the Speaky website or other transaction(s) for the sale of services carried out through the Speaky website are governed by our Terms of Use and Contract Between Speaker(s) and User(s), IF APPLICABLE, which are incorporated by reference into the Terms of Use.
    1. Additional terms and conditions may also apply to specific portions, services, or features of the Speaky website. All such additional terms and conditions are hereby incorporated by reference into the Terms of Use.

Privacy Policy

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

1. Introduction. These Terms of Use are entered into between you and HWC TECHNOLOGIES, LLC (“HWC,” “we,” or “us”), a Florida Limited Liability Company with offices located at 3400 SW 27TH AVE APT 1604, MIAMI, FL 33133.
2. The Privacy Policy describes the types of Personal Information that we collect when you interact with the Speaky website and however else you may interact with us (collectively, the “Service(s), no matter the platform or device that you used. The Privacy Policy describes all Personal Information collected, used, transmitted, disclosed, stored, or maintained by us.
3. Information that Speaky collects and uses.
   1. Information You Give to Us.
   2. Personal Identifiers/Information. Speaky receives personal identifiers (i.e., your name, email, mailing address, telephone number, etc.) and may use them to respond to and complete User requests, communicate with Users, and marketing purposes.
   3. Communications. Speaky collects the information and content submitted by Users (including information transmitted that is related to Speaker/User Transaction(s)).
   4. Financial Information.
   5. Speaky Referral Information. Users that participate in Speaky’s referral program may be required to provide contact information for themselves and the individual that they are referring.
   6. Audio and Visual Information.
   7. Device Information.
   8. Browsing Information.
   9. Location Information.
   10. IP Address.
   11. Automatic Collection of Information from Cookies and Other Technology (i.e., cookies, mobile identifiers, and web beacons, etc.).
   12. Inferences from the Information Above.
4. Information from Third Parties.
   1. Social Networks and Publicly Available Data.
   2. Information Collected from Marketing Partners and Data Providers.
   3. Information Collected from Affiliates.
5. Opting Out. Speaky offers its Users choices regarding the use, collection, and sharing of your personal Information. Upon written request, Speaky will inform you about whether we hold any of your Personal Information.
   7757. Account Information. Speaky users may verify, correct, update, or delete any personal information provided to us in connection with the user’s Speaky account by editing their account information through the “edit profile” page. Please note that Speaky may be required by law to keep certain information and will comply with any deletion request once those requirements have been met. If you would like to make a request related to your Personal Information, you may contact us at 786-239-7757.
   7758. Email Communications. You may contact as at [email protected]for any communications. Please note that all communications may be monitored or recorded and Speaky is not liable for protecting this information.
6. California Privacy Rights. Under the California Privacy Act of 2018 (“CCPA”), California residents have the right to request:
   1. the deletion of Personal Information that Speaky has;
   2. specific pieces of Personal Information Speaky has; and
   3. the deletion of Personal Information within Speaky’s possession.
7. Requests for Deletion of Personal Information. If you make a request pertaining to Personal information that Speaky has collected, Speaky may require that you provide additional information and follow specific procedures so that we may verify the request prior to responding. The verification steps may differ depending on the nature of your request. If Speaky is unable to verify your request, we may ask for additional information.
   1. California Residents must submit their first and last name and email address. Additional information such as telephone number or address may also be requested for verification purposes. Please provide as much information as possible to help Speaky verify your request. Speaky will only use such information for the purposes of responding and verifying said request.
   2. California law permits California residents to use an authorized agent to make privacy requests. Such an agent is required to provide proof of the California resident’s written permission that shows the agent has the authority to submit request(s) on behalf of the resident. The authorized agent may be required to verify his/her own identity as well.
8. Nevada Privacy Rights. Speaky does not sell consumers’ covered information for monetary consideration (as defined in Chapter 603A of the Nevada Revised Statutes). However, if you are a Nevada resident, you have the right to submit a request directing us not to sell your Personal Information.
9. Users Outside of the United States. Speaky is a United States company, and its services are provided from the United States. If a User resides outside of the United States, be advised that the information Speaky collects will be transferred and processed in the United States which may have different data protection laws than your country. By using Speaky, its services, or providing us any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable countries.
10. Information Protection. Speaky maintains technical, procedural, and physical protections to help protect and mitigate loss, misuse, or unauthorized access and/or destruction of your Personal Information. Any transmission of your Personal Information to Speaky is at your own risk.
11. Updates. From time to time, Speaky may revise this Privacy Policy. Material revisions to this policy will be announced through the Speaky website. You agree that this form of notice is acceptable and that you will check our online terms and policies frequently. Any changes to this policy will become effective as of the Effective Date on the top of this page.
12. Additional Terms. This Privacy Policy may be supplemented at any time by additional terms, privacy statements, or notices.
13. Contact us. If you have any questions regarding this Privacy Policy, please contact us at 786-239-7757.

Cookie Policy

Effective Date: 6/1/24

1. Introduction This Cookie Policy explains how Speaky (“we,” “our,” “us”) utilizes cookies and similar technologies on our website. By using our website, you consent to the use of cookies as described in this policy.
2. What Are Cookies? Cookies are small text files stored on your device when you visit our website. They are widely used to make websites function more efficiently and provide information to the site owners.
3. Types of Cookies We Use

• Necessary Cookies: Essential for the operation of our website.
• Preference Cookies: Allow our website to remember your choices.
• Statistics Cookies: Collect information about how visitors use our site.
• Marketing Cookies: Track visitors across websites to deliver relevant advertisements.

4. Specific Cookies in Use Below is a detailed list of the cookies we use, including their name, provider, purpose, and duration:

5. How We Use Cookies We use cookies to:

• Enhance your browsing experience.
• Gather data to improve our website’s functionality.
• Serve personalized advertisements.

6. How to Manage Cookies You can manage your cookie preferences through the Cookiebot consent banner on our site. Additionally, most browsers allow you to control cookies through their settings.
7. Third-Party Cookies We use cookies from third-party services such as Google Analytics and social media platforms. These cookies are subject to the third-party providers’ privacy policies.
8. Data Protection and Privacy We are committed to protecting your data. For more information, please see our Privacy Policy.
9. Your Rights You have the right to access, correct, or delete your personal data collected through cookies. Contact us at [email protected] for any inquiries.
10. Changes to the Cookie Policy We may update this policy from time to time. Any changes will be posted on this page with an updated effective date. Last updated on 6/1/24.
11. Contact Information For any questions regarding this Cookie Policy, please contact us at [email protected].

Anti-Money Laundering (AML) Policies and Procedures

1. Introduction These Anti-Money Laundering (AML) Policies and Procedures are part of the Terms of Use that govern the use of Speaky. By accessing and using Speaky, you agree to comply with these AML Policies and Procedures.
2. Objective The objective of these AML Policies and Procedures is to prevent the use of Speaky for money laundering and other illegal activities. We are committed to complying with all applicable AML laws and regulations, including but not limited to the Bank Secrecy Act (BSA), the USA PATRIOT Act, and any relevant international standards.
3. User Verification and Identification To prevent and detect money laundering, we require all Users to provide accurate and up-to-date identification information at the time of account creation and periodically thereafter.

For Speakers, this may include:

• Full legal name
• Date of birth
• Address of residence
• Government-issued identification (e.g., passport, driver’s license)
• Social Security Number (SSN) or equivalent national identification number
• Proof of address (e.g., utility bill, bank statement)
• Phone number and email verification

For Speakees, we may require:

• Full legal name
• Date of birth
• Address of residence
• Phone number and email verification

We reserve the right to verify the provided information and may use third-party services to do so. Failure to provide accurate information or refusal to undergo verification may result in account suspension or termination.

4. Monitoring and Reporting We monitor all User activities on Speaky to detect suspicious behavior that may indicate money laundering. Suspicious activities include, but are not limited to:

• Transactions that are unusually large or complex
• Transactions that do not match the User’s profile or usual behavior
• Multiple transactions in a short period of time
• Use of multiple accounts by a single individual
• Transactions involving high-risk jurisdictions or entities on sanctions lists
• Use of virtual currencies or untraceable payment methods

We maintain records of all transactions and User activities for a minimum of five years, in compliance with regulatory requirements. We are obligated to report any suspicious activities to the appropriate authorities without prior notice to the User, including filing Suspicious Activity Reports (SARs) with the Financial Crimes Enforcement Network (FinCEN) or equivalent agencies.

5. Payment Methods and Limits Users must use legitimate payment methods approved by us for any transactions on Speaky. Approved payment methods include but are not limited to credit/debit cards, bank transfers, and verified payment service providers. We may impose limits on transaction amounts to reduce the risk of money laundering. These limits include:

• Maximum transaction amount per day
• Maximum number of transactions per day
• Cumulative transaction limits over a specified period

Transactions involving cash or anonymous payment methods are strictly prohibited.

6. Training and Awareness We provide comprehensive training and resources to our employees and contractors to ensure they are aware of and can identify money laundering activities. This includes initial training upon hiring and regular refresher courses. Training topics include:

• AML laws and regulations
• Identifying and reporting suspicious activities
• Record-keeping requirements
• Internal policies and procedures

7. User Responsibilities Users must comply with these AML Policies and Procedures and all applicable laws and regulations. This includes providing accurate information, cooperating with verification processes, and avoiding prohibited activities. Users must promptly report any suspicious activities or violations of these policies to us. Reports can be made anonymously through our secure reporting system.
8. Consequences of Non-Compliance Non-compliance with these AML Policies and Procedures may result in account suspension, termination, and/or legal action. We reserve the right to take any necessary action to ensure compliance with these policies, including freezing User accounts and withholding funds. Users found to be engaged in money laundering or other illegal activities may be reported to law enforcement authorities.
9. Changes to the AML Policies and Procedures We may update these AML Policies and Procedures from time to time to reflect changes in laws or our business practices. Users will be notified of any significant changes to these policies. Continued use of Speaky after such changes will constitute acceptance of the updated policies.
10. Contact Information If you have any questions or concerns about these AML Policies and Procedures, please contact us at [email protected] or call our customer service number, (786) 239-7757. By using Speaky, you acknowledge that you have read, understood, and agree to comply with these AML Policies and Procedures.

Speaky’s Prohibited List of Activities

At Speaky, we are committed to creating a safe, respectful, and enjoyable environment for all users. To maintain the integrity of our platform, we have established a clear list of prohibited activities. These activities are strictly forbidden, and violations may result in account suspension or termination, as well as other legal consequences.

Prohibited Activities:

1. Adult and Explicit Content:
   • Sharing, promoting, or discussing any form of adult content, pornography, or explicit material.
   • Engaging in sexually explicit conversations or behavior during video calls.
2. Harassment and Abuse:
   • Any form of harassment, bullying, or abusive behavior, including but not limited to threats, intimidation, and stalking.
   • Use of hateful or discriminatory language based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
3. Illegal Activities:
   • Engaging in or promoting illegal activities, including drug use, trafficking, and solicitation of illegal goods or services.
   • Sharing content that involves or encourages criminal behavior.
4. Fraud and Deception:
   • Engaging in deceptive practices, such as impersonating another person or entity.
   • Creating fake accounts or using the platform for fraudulent activities.
5. Violence and Harm:
   • Sharing or promoting violent content, including graphic images, videos, or descriptions of physical harm or abuse.
   • Encouraging self-harm or suicide.
6. Child Exploitation:
   • Any form of child exploitation, including sharing or promoting child pornography, or engaging in inappropriate conversations with minors.
7. Privacy Violations:
   • Sharing personal information of other users without their consent, including addresses, phone numbers, and financial information.
   • Recording or distributing video calls without the explicit consent of all parties involved.
8. Spam and Unsolicited Messaging:
   • Sending unsolicited messages or spam to other users, including advertising or promotional content not approved by Speaky.
   • Engaging in repetitive or disruptive messaging.
9. Intellectual Property Infringement:
   • Sharing or promoting content that infringes on the intellectual property rights of others, including copyrighted materials, trademarks, and patents.
   • Using Speaky to distribute pirated software, music, videos, or other copyrighted content.
10. Malware and Hacking:
    • Sharing or distributing malware, viruses, or any other malicious software.
    • Attempting to hack or gain unauthorized access to Speaky’s systems, other users’ accounts, or any other part of the platform.
11. Misuse of Platform:
    • Using the platform for purposes other than its intended use, such as conducting non-permitted commercial activities or surveys.
    • Attempting to manipulate or exploit platform features for personal gain.

Enforcement and Reporting:

• Reporting Violations: Users can report any prohibited activities they encounter on the platform. Reports will be reviewed promptly, and appropriate actions will be taken.
• Consequences of Violations: Violations of these rules may result in warnings, temporary suspension, or permanent termination of accounts. Severe violations may also result in legal action.
• Continuous Monitoring: We continuously monitor user activities to ensure compliance with these rules and to maintain a safe environment for all users.

Controls in Place to Screen, Monitor, and Block Prohibited Content and Activities:

• Automated Message Filtering: We utilize Sendbird’s moderation system to automatically detect and flag any message sent between users that violates our guidelines. This includes adult content, explicit material, and other forms of prohibited content.
• Manual Review and Moderation: In addition to automated message filtering, we have a team of content moderators who review flagged content. This dual-layer approach ensures that nuanced or borderline content is accurately assessed.
• User Reporting Mechanism: We empower our users to report any inappropriate content or behavior they encounter on the platform. Reports are reviewed promptly, and necessary actions are taken, including content removal and user sanctions. Our reporting tool is easily accessible and straightforward to use, ensuring users can report issues without friction.
• Proactive Screening of Talent: All potential talent (Speakers) undergo a thorough vetting process before being approved to offer their services on Speaky. We assess the content style and professionalism of each Speaker to ensure they align with our platform’s values and community standards.
• Strict Content Guidelines and User Agreements: Our Terms of Use, Acceptable Use Policy, and Community Guidelines explicitly prohibit adult content and other inappropriate activities. All users must agree to these terms before using our platform.
• Continuous Monitoring and Auditing: We continuously monitor user activities and content on our platform. Regular audits are conducted to identify potential risks and to ensure compliance with our standards. Our systems are designed to adapt and respond to new threats, ensuring we stay ahead of potential issues.
• Technology and Security Infrastructure: Our platform is built with robust security features that prevent unauthorized access and protect user data. This includes end-to-end encryption for video calls and secure payment processing. We collaborate with cybersecurity experts to regularly test and enhance our security measures.

Speaky Referral program terms of service

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS OF USE – READ THEM CAREFULLY

These Referral Program Terms of Service (the “Terms”) govern the participation in the referral program (the “Program”) offered by HWC, the owner and operator of the Speaky website, accessed via the URL Speaky.co (“Speaky”). By participating in the Program, you (“Referrer”) agree to these Terms. If you do not agree to these Terms, you may not participate in the Program.

1. Definitions

• “HWC,” “we,” “our,” or “us”refers to the owner and operator of the Speaky website.
• “Speaky”refers to the website accessed via the URL Speaky.co.
• “User”refers to any individual that accesses and/or uses Speaky, whether as a Speaker or Speakee (also “you” or “your”).
• “Speaker”refers to a User that offers their Services on Speaky.
• “Speakee”refers to a User that pays for Speaker Services and accesses the Speaky website.
• “Referral Code”refers to the unique identifier (Instagram name or full name) provided by the Referrer to track referrals.

2. Eligibility

• The Program is open to all Users of Speaky.
• To be eligible for referral rewards, the referred Speaker must enter the Referrer’s Instagram name or full name as the Referral Code at the time of their initial sign-up on Speaky.
• Referrals will not be accepted if the referred Speaker has previously signed up on Speaky without a Referral Code.

3. Referral Rewards

• Referrers will receive 5% of the referred Speaker’s income from Speaky for the first year they are active on the platform.
• Referral rewards will be calculated based on the referred Speaker’s gross earnings from video calls.
• Referral rewards will be paid out monthly, provided that the referred Speaker has generated income during that period.

4. Program Participation

• Referrers must ensure that the referred Speaker correctly enters the Referrer’s Instagram name or full name as the Referral Code during sign-up.
• Referrers are prohibited from engaging in fraudulent activities or attempting to game the system. Such activities include, but are not limited to, creating fake accounts or using multiple identities.
• HWC reserves the right to investigate and disqualify any Referrer suspected of violating these Terms.

5. Termination and Modifications

• HWC reserves the right to terminate or modify the Program at any time without notice.
• If HWC terminates the Program, all pending referral rewards will be forfeited.
• HWC may terminate a Referrer’s participation in the Program if they are found to be in violation of these Terms.

6. Disqualification

• Referrers will not be eligible for referral rewards if the referred Speaker has already signed up on Speaky without a Referral Code.
• Referrers found to be engaging in fraudulent activities will be disqualified from the Program and will forfeit any pending referral rewards.

7. Liability

• HWC will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Program, including, without limitation, any loss of revenue or profits.

8. General Terms

• These Terms constitute the entire agreement between the Referrer and HWC regarding the Program and supersede all prior agreements and understandings, whether written or oral.
• HWC’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

9. Governing Law

• These Terms will be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles.

By participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Speaky Refund Policy

This Refund Policy outlines the conditions under which refunds, credits, or rescheduling are available for Users (“Speakees”) who purchase Speaker Services on Speaky.co. By using the Speaky website, you agree to this Refund Policy.

1. General Policy

1.1. No Refunds Policy:

Once a timed video call is completed, there are no refunds or credits under any circumstances. This includes, but is not limited to, situations where the Speakee:

• Did not enjoy the conversation or found the Speaker Services unsatisfactory.
• Had a different expectation of the Speaker Services.
• Experienced technical issues due to their own internet connection or device.

2. Exceptions for Refunds, Credits, or Rescheduling

Refunds, credits, or the option to reschedule a call are only available under the following specific scenarios:

2.1. Speaker No-Show:

If the Speaker does not attend the scheduled call:

• The Speakee is entitled to a full refund, a credit towards a future session, or the opportunity to reschedule the call at a mutually agreed time.

2.2. Call Disconnection Not Attributable to Speakee:

If a call is dropped due to reasons beyond the Speakee’s control, as determined solely by HWC TECHNOLOGIES, LLC:

• The Speakee may be eligible for a refund, a credit, or the opportunity to reschedule the call. This determination includes, but is not limited to, issues related to the Speaker’s internet connection, platform malfunctions, or other technical difficulties on the Speaker’s end.

3. Scenarios Not Eligible for Refunds or Credits

3.1. Speakee’s Fault:

No refunds, credits, or rescheduling options will be provided if the call is dropped or disrupted due to the Speakee’s actions or technical issues, such as:

• Poor internet connection on the Speakee’s side.
• Device malfunctions or user errors.
• Any other circumstances within the Speakee’s control.

3.2. Content of the Call:

Refunds or credits will not be issued based on dissatisfaction with the content of the conversation, the Speaker’s opinions, or any other subjective criteria.

4. Refund Request Process

4.1. Submission of Request:

Refund or rescheduling requests must be submitted within 48 hours of the scheduled call time. Requests should be directed to Speaky’s customer support team at [email protected]

4.2. Review and Determination:

HWC TECHNOLOGIES, LLC reserves the right to review each request and make a final determination. All decisions regarding refunds, credits, or rescheduling are final and at the sole discretion of HWC TECHNOLOGIES, LLC.

5. Additional Considerations

5.1. Credits:

Any credits issued under this Refund Policy must be used within 90 days of issuance unless otherwise specified. Credits are non-transferable and cannot be exchanged for cash.

5.2. Changes to Refund Policy:

HWC TECHNOLOGIES, LLC reserves the right to modify this Refund Policy at any time. Changes will be effective immediately upon posting to the Speaky website. Continued use of the Service following such changes constitutes acceptance of the new Refund Policy.

Pre-Registration and Profile Creation

By pre-registering for Speaky, you agree to allow Speaky to create your user profile using the information you provide during the pre-registration process. This includes, but is not limited to, the following:

1. Profile Information: Speaky will create your profile using the details you provide, including your name, contact information, and any other relevant information. In addition, Speaky may pull necessary information and photos from your social media accounts to enhance and complete your profile.
2. Rate Setting: As part of the profile creation process, Speaky will set your rates based on our proprietary projections and analysis. These rates are subject to adjustment in the future, either by you or by Speaky, in accordance with our platform policies.
3. Standard Availability: Your profile will include our standard availability settings, which you can modify after your profile is activated. The initial availability settings are designed to optimize your exposure and opportunities on the platform.

By completing the pre-registration process, you acknowledge and accept that Speaky will create and manage your initial profile settings as described above, including the use of your social media content. You further agree that you are responsible for reviewing and adjusting these settings as necessary once your profile is active.