Terms and Conditions Governing Referrals
Effective Date: 01/24/2024
We hold the authority to exclude participants from this Program at our sole discretion, including but not limited to instances where an individual does not adhere to the Terms and Conditions or fails to abide by applicable laws. This includes, but is not limited to, neglecting to include necessary disclosures as mandated by the FTC or as specifically required by Ai Speakly, LLC and its Affiliates.
Age Restriction PolicyThis program is not intended for individuals under the age of eighteen. IF YOU ARE YOUNGER THAN 18 YEARS OF AGE, YOU ARE PROHIBITED FROM ENGAGING WITH, ACCESSING, OR PARTICIPATING IN THE PROGRAM IN ANY FORM OR MANNER.
I. Program OverviewA. General ParticipationTo engage in the Program, individuals (hereinafter referred to as "Affiliates") must navigate to https://aispeakly.com/affiliates and follow the prompts to recommend acquaintances or colleagues to the program by submitting their contact details in the designated fields. Persons referred by An Affiliate are referred to as "Friends". A "Qualifying" Affiliate, one who strictly adheres to these Terms and Conditions, is eligible to receive "Reward(s)" for each "Eligible Referral" as defined herein. Participation signifies the Affiliate's assertion of obtaining prior consent from their Friends to submit their contact details.
B. Referral ProcessAn Affiliate is required to register at https://aispeakly.com/affiliates to initiate a referral. It is important to note that no prior purchase is necessary for eligibility (both purchasers and non-purchasers are eligible). Upon referring a Friend, the Affiliate will receive a confirmation email and will be notified if the referred Friend makes a Qualified Purchase within 12 months. Affiliates are expected to honor the Program's spirit by referring genuine individuals who meet the Terms and Conditions. Self-referrals, including creating multiple or false accounts with Ai Speakly, LLC and its Affiliates or using multiple or fake identities, are prohibited.
C. Eligible ReferralsAn "Eligible Referral" is one that satisfies all the following criteria: The Friend executes a purchase of Ai Speakly, LLC products with a total value of at least $1,997 USD in a single transaction, facilitated by a direct sales representative. Should a Friend engage with Ai Speakly, LLC through any alternative method, such engagement will not qualify as an Eligible Referral, nor will the Affiliate earn Credit; The Friend must not have previously made any purchases with Ai Speakly, LLC using any email address or alias; The Friend must be lawful resident or a legally registered entity of the United States of America; and Are at least 18 years of age; Each Affiliate is limited to one Qualified Referral per Friend. Subsequent purchases by a Friend do not qualify as Eligible Referrals and are not entitled to Referral benefits.
C. Reward AcquisitionRewards may be redeemed in various forms as determined solely by Ai Speakly, LLC , including but not limited to system refunds (primary method) or through various cash transfer applications (Zelle, Venmo, Cashapp, etc.) (secondary method). Certain restrictions may apply. For instance, if the Reward is issued in the form of a gift card, certificate, or voucher, it may be subject to the issuer's terms and conditions.
D. Verification of Eligible Referrals (Payouts)Rewards are contingent to verification. Ai Speakly, LLC reserves the right to delay a Reward for up to 65 business days for investigative purposes. Furthermore, Ai Speakly, LLC retains the discretion to reject any transaction deemed fraudulent, suspicious, or in violation of these Terms and Conditions, or that could potentially impose liability on Ai Speakly, LLC, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. All determinations by Ai Speakly, LLC regarding the verification of an Eligible Referral or Reward are final and binding.
II. Privacy ConsiderationsParticipation in the Program requires Affiliates to submit personal information, such as names and email addresses, about themselves and their Friends, enabling Ai Speakly, LLC to send communications to the Friends on behalf of the Affiliates. This personal information is collected, processed, and utilized in accordance with Ai Speakly, LLC ' Privacy Policy, available at https://www.aispeakly.com/privacy. In addition to initial outreach, Ai Speakly, LLC may use the collected personal information to send follow-up communications to the Friends to encourage or remind them to make a purchase, as well as to contact Affiliates regarding their Program participation and to send additional communications from Ai Speakly, LLC.
III. Intellectual Property Rights and UsageA. Content OwnershipThe online platform and the Program include various forms of content, such as designs, text, graphics, images, videos, logos, button icons, software, audio files, and computer code (collectively, "Content"). The ownership of all Content lies with Ai Speakly, LLC or its licensors, protected under copyright, trademark, and other laws. The compilation of all Content on the online platform or within the Program is the exclusive property of Ai Speakly, LLC, safeguarded by copyright, trademark, and other laws.
B. License AgreementSubject to these Terms, Ai Speakly, LLC grants you a revocable, non-transferable license to access and use the online platform, the Program, and the Content for your personal, non-commercial use. This license may be revoked at any time without prior notice, for any reason. Unauthorized use of the Content may infringe upon copyright, trademark, and communication regulations and statutes, and is strictly prohibited. You must maintain all copyright, trademarks, service marks, and other proprietary notices contained within the original Content on any copies made.
C. Trademark UsageThe logos, product names, and service marks displayed on the online platform or within the Program (collectively, "Marks") may be registered or unregistered trademarks of Ai Speakly, LLC or its licensors. Without express written permission from Ai Speakly, LLC, and except as directly enabled through any provided link, you are prohibited from using the Marks in any manner.
D. User-Generated ContentThe online platform or the Program may include trademarks, logos, product, and service names that are or may be registered or unregistered trademarks of Ai Speakly, LLC or its licensors ("Marks"). Without explicit prior written consent from Ai Speakly, LLC , except as specifically enabled by any link provided by Ai Speakly, LLC, you agree not to display or use the Marks in any way.
IV. Legal and Liability ConsiderationsA. Program Participation AgreementBy participating in the Program, Affiliates agree to:- Adhere to these Terms and Conditions, the determinations of Ai Speakly, LLC and its designated agents, and the Privacy Policy of Ai Speakly, LLC;- Defend, indemnify, and hold harmless Ai Speakly, LLC , its parent entities, affiliates, subsidiaries, and their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents (collectively, "Released Parties") from all claims, actions, demands, losses, liabilities, costs, or expenses arising from, related to, or in connection with the Affiliates' participation in the Program. This includes, without limitation, any property damage, loss, personal injury, or death caused to any individual(s), and/or the awarding, receipt, and/or use or misuse of the Program or any Reward;- Acknowledge that Ai Speakly, LLC and the Released Parties are not liable for late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission. This includes telephone system malfunctions, computer hardware or software failures, lost connections, disconnections, delays, or transmission errors;- Understand that Ai Speakly, LLC is not responsible for data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;- Recognize that Ai Speakly, LLC is not liable for any printing, typographical, administrative, or technological errors in any materials associated with the Program;- Accept that Ai Speakly, LLC is not responsible for claims, demands, and damages in disputes among Affiliates or between Affiliates and Friends;- Acknowledge that Ai Speakly, LLC and Associates is not liable for any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Ai Speakly, LLC at the relevant time.
B. Limitations of LiabilityAi Speakly, LLC shall not be held accountable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:- The use or the inability to use the Program;- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services obtained or messages received or transactions entered into through, from, or as a result of the Program;- Unauthorized access to or alteration of your transmissions or data;- Statements or conduct of any third party on or through the Program; or- Any other matter relating to the Program.
Disclaimer of WarrantiesAffiliates expressly understand and agree that their use of the Program is at their sole risk. The Program is provided on an "as is" and "as available" basis. Ai Speakly, LLC expressly disclaims all warranties, conditions, and terms of any kind, whether express or implied by statute, common law, or custom. This includes, but is not limited to, warranties as to products or services offered through the use of the Program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Ai Speakly, LLC makes no warranty that:- The Program will meet your requirements, be uninterrupted, timely, secure, or error-free;- The results obtained from the use of the Program will be accurate or reliable;- The quality of any products, services, information, or other material obtained by you through the Program will meet your expectations; and- Any errors in the service will be corrected.
Any material downloaded or otherwise obtained through the use of the Program is done at your discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.
G. Limitation of Liability and IndemnificationAffiliates expressly understand and agree that Ai Speakly, LLC (including any vendors and service providers associated with or assisting in providing the Program) shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Ai Speakly, LLC was advised of the possibility of such damages), resulting from:- The use or the inability to use the Program;- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services obtained or messages received or transactions entered into through, from, or as a result of the Program;- Unauthorized access to or alteration of your transmissions or data;- Statements or conduct of any third party on or through the Program; or- Any other matter relating to the Program.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you. To the fullest extent possible by law, Ai Speakly, LLC (including any vendors and service providers) maximum liability arising out of or in connection with the Program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), shall not exceed $100 USD. Affiliates should use the Program at their own risk.
V. Program ConductA. Integrity MaintenanceShould there arise any conduct that compromises the integrity of the Program ("Prohibited Conduct"), Ai Speakly, LLC reserves the right to cancel, change, or suspend the Program to restore its integrity.
B. Prohibited ConductAffiliates are prohibited from using the Program to:- Violate applicable law;- Infringe the intellectual property rights of Ai Speakly, LLC or any third parties;- Stalk, harass, or harm another individual;- Collect or store personal data about other Affiliates;- Impersonate any person or otherwise misrepresent Affiliate's identity;- Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;- Interfere with another Affiliate's use of the Program;- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;- Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution and SpamAffiliates must ensure that any distribution of a Personal Link to https://aispeakly.com/affiliates via email to a Friend is conducted in a personal and appropriate manner, typical of communication with friends, colleagues, and family members. Bulk referrals, distribution to strangers, or any other promotion of the Program in a manner that could be construed as unsolicited commercial email or "spam," is expressly prohibited and may result in immediate termination of the Affiliate's participation in the Program. Ai Speakly, LLC maintains a zero-tolerance policy towards spam. Although Ai Speakly, LLC is not obligated to monitor content provided by Affiliates, it may choose to do so and block any email messages, remove any content, or prohibit any use of the Program. While Ai Speakly, LLC is the actual sender of the referral email, each Affiliate must still comply with applicable law. Affiliates who fail to comply with the law, including anti-spam laws, are obligated to indemnify Ai Speakly, LLC and all of the Released Parties against any liabilities, costs, and expenses incurred as a result of such violation.
D. Fraudulent and Suspicious BehaviorAi Speakly, LLC may prohibit An Affiliate from participating in the Program or receiving a Credit or Reward, at Ai Speakly, LLC’s sole discretion, if it determines that the Affiliate is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Affiliates or representatives of Ai Speakly, LLC. The use of any affiliate website, affiliate network properties, automated systems, scripts, or macros to participate is strictly prohibited and will result in disqualification. Affiliates may not enter with multiple or fake email addresses or accounts, use fictitious identities, or use any system, bot, or other device or artifice to participate in the Program or receive a Reward. Ai Speakly, LLC reserves the right to disqualify any Affiliate and/or cancel any Reward(s) if it finds An Affiliate to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, Ai Speakly, LLC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
VI. Suggestions and SubmissionsA. Feedback and CommentsAi Speakly, LLC welcomes feedback from users regarding the Program. However, please be advised that Ai Speakly, LLC does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those specifically requested. While Ai Speakly, LLC values your feedback on the program, please be specific in your comments and refrain from submitting Creative Ideas. If, despite this request, you send Ai Speakly, LLC Creative Ideas, Ai Speakly, LLC :- Shall exclusively own all known or later discovered rights to the Creative Ideas;- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and- Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. Governing Law; Arbitration; Class Waiver; Waiver of Jury TrialA. Applicable LawAny and all disputes, claims, and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or this agreement shall be resolved under Florida law (without reference to its conflicts of laws principles).
B. Arbitration AgreementAffiliates and Ai Speakly, LLC agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Ai Speakly, LLC ’ online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Duval in the state of Florida. Affiliates covenant not to sue or otherwise bring a claim against Ai Speakly, LLC in any other forum.
C. Waiver of RightsAffiliates acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Affiliates' use of the Program or this agreement:- Affiliates ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and- Affiliates ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
VIII. General ProvisionsA. Entire AgreementThese terms constitute the entire agreement between Affiliates and Ai Speakly, LLC concerning Affiliates' use of the Program. The failure of Ai Speakly, LLC to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Ai Speakly, LLC and Affiliates nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.
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