Speech Tech MB | Terms of Service

Effective Date: November 8, 2023

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY

Speech Tech MB ("Speech Tech", "we" or "us") provides an online products, services, content and features, including through the CatZu mobile application (the "App"), CatZu-controlled social media pages, streaming services, CatZu software, and our technology (collectively with the App, the "Services").

The CatZu Mobile Application is a product of Speech Tech MB and references to that product in these Terms of Service will be associated with the legal entity Speech Tech MB.

These Terms of Service ("Terms") explain the rules that apply to you while you use the Services. By downloading, accessing or using the App or Services and by registering as a user or creating a profile within the App, you acknowledge that you have read and understood the Terms and that you accept and agree to be bound by the Terms. The Terms and our Privacy Policy (available here: CatZu - Privacy Policy.docx) form a legally binding agreement between you and Speech Tech, and are the rules about your access and use, and our provision of, the Services and any other technology, content, items, or other materials provided by or through the App or the Services. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

If you have any questions about these Terms or the Services, feel free to contact us at:

our email: catzugame@gmail.com
our postal address: LT-09110 Lithuania, Vilnius, Žirmūnų g. 105-88

1. Who Can Use the Speech Tech Services

All users of the CatZu:

• Сonfirm that you and anyone you share the application with are healthy enough to use the application, and that you have consulted with your speech therapist or other relevant speech-language pathologist about starting this exercise program and using this program with your child under your supervision;
  
  
• Acknowledge that you are solely responsible for following suggestions provided, modifying any instructions to your level of ability and physical and mental condition of a guarded person;
  
  
• Must comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
  
  

Please do not use the Services if you do not meet the above requirements.

2. Speech Tech Intellectual Property and Limited License to CatZu

Ownership. You acknowledge and agree that the Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained in the App or the Services, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by us or our affiliates, licensors or suppliers. You also acknowledge and agree that the source and object code of the App and the format, directories, queries, algorithms, structure and organization of the App are our intellectual property, proprietary and confidential information. You expressly agree that you will do nothing inconsistent with our ownership of the Services, and that you gain no rights, title, or interest in or to any Services or any goodwill associated with the Services. In addition, except as expressly set out in the Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of CatZu or any third party. Any and all goodwill arising from your use of any Services shall inure solely to the benefit of CatZu.

Limited License. For any Services which allows you to use any software, content, or other materials owned or licensed by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Services, and any related software, content, or other materials for your personal, non-commercial use only.

Restrictions. You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Service; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Services; (iv) access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Service or any part of the Service, except as expressly authorized in the Terms; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Service or connected network, or interfere with any person or entity's use or enjoyment of any Service; (vii) access, monitor, or copy any element of the Service using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Services.

Third Party Services and Content

The Services may integrate, be integrated into, or be provided by or in connection with third-party instructors, services, applications, tools, interfaces, content, and/or materials ("Third-Party Services"). We do not review or control any Third-Party Services, and we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our App or any other element of the Services. We are not be responsible for any content provided by, on, or through these Third-Party Services. You should read the terms of use and privacy policies that separately apply to these Third-Party Services.

4. Mobile Networks and Texting

When you access and use the App or any Services through a mobile network, or you sign up for our text message programs, your network or roaming provider's messaging, data and other rates and fees may apply. Not all Services may work with your mobile network provider or device.

5. Professional Advice Disclaimer; Medical Disclaimer

a. Professional Advice Disclaimer. THE SERVICE OFFERS EDUCATIONAL INFORMATION AND IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.. YOU SHOULD CONSULT YOUR PEDIATRICIAN OR SPEECH THERAPIST BEFORE USE. YOU SHOULD NOT RELY ON INFORMATION OR EXERCISES AVAILABLE IN OR VIA THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR CONDITIONS, YOU SHOULD ALWAYS CONSULT WITH A PEDIATRICIAN OR SPEECH THERAPIST OR OTHER RELATED PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING CONSULTANCY OR ADVICE FROM A PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE SERVICE OR COMMUNICATED TO YOU THROUGH THE SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN DISCRETION AND AT YOUR RESPONSIBILITY.

NOTHING STATED OR POSTED ON THE SERVICE OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THE AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND CatZu MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

b. Medical Disclaimer. In using the Service, you affirm that either your pediatrician or speech therapist has approved your use of the Service; or that you have no conditions or any other reasons to avoid using our Products or Services.

6. Assumption of the Risk

You acknowledge that speech development exercises and the Services require additional activities and regular attendance at speech therapy sessions. The CatZu app should be considered as an additional aid in the development of speech skills.

7. Enforcement Rights

We are not obligated to monitor access or use of the App or the Services; however, we reserve the right to do so for purposes of operating and maintaining the App or the Services, as applicable, ensuring your compliance with the Terms, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and we may cooperate with law enforcement authorities to investigate users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App or Services at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the App or Services is objectionable or violates the Terms.

8. User Generated Content

The Services and the may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information, feedback about our products and services, testimonials, success stories, or other content ("User Generated Content"). User Generated Content that you submit to us will be stored, maintained and used by us in accordance with our Privacy Policy. You acknowledge certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.

CatZu is a welcoming community for all. You may not submit or upload User Generated Content that is harmful and disruptive, or content that will cause harm if disclosed. It is also prohibited to distribute:

• Content containing or promoting racism, hate speech, violence, and illegal activity;
  
  
• Spam, unauthorized advertising, and other forms of solicitation;
  
  
• Content intended to disparage, defame, abuse, intimidate, bully, threaten, or otherwise harass other people; or
  
  
• Others' personal information or any other information that you do not have the permission to disclose.
  
  

Although we want all users to comply with all User Generated Content requirements, we do not have any obligation to monitor and review User Generated Content for compliance. However, if we do see User Generated Content that violates these rules or if we simply think that User Generated Content is not appropriate for the Services, we may, at our sole discretion, either remove or edit the User Generated Content without letting you know ahead of time, or we may terminate your ability to submit User Generated Content. If you see User Generated Content that violates the Terms, please let us know at catzugame@gmail.com


9. Disclaimer of Warranties and Conditions

AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECH TECH PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND YOUR USE THE APP AND SERVICE IS AT YOUR OWN, SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY SPEECH TECH WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SPEECH TECH DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW WITH RESPECT TO THE SERVICE.

WITHOUT LIMITING THE FOREGOING, SPEECH TECH MAKES NO REPRESENTATIONS OR WARRANTIES:

• THAT THE SERVICE IS OR WILL BE PERMITTED OR FUNCTION PROPERLY WHERE YOU LIVE OR ACCESS THE APP OR SERVICES;
  
  
• THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  
  
• THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR PRODUCTS WILL BE ACCURATE OR RELIABLE;
  
  
• REGARDING THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICE OR PRODUCTS;
  
  
• THAT THE SERVICE WILL BE WITHOUT DELAYS, CANCELLATION, OR OTHER DISRUPTIONS.
  
  

FROM TIME TO TIME, SPECH TECH IN CATZU APP MAY OFFER NEW "BETA" FEATURES OR TOOLS THAT ITS USERS MAY TEST AND EVALUATE. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EVALUATION PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT CatZu'S SOLE DISCRETION.

10. Limitation of Liability

1. DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPEECH TECH WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT SPEECH TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
   
   
2. CAP ON LIABILITY. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW SPECH TECH'S LIABILITY TO YOU OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS, WILL NOT EXCEED IN THE AGGREGATE (FOR ALL CLAIMS), THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SPECH TECH OVER THE THREE (3) MONTHS PRECEDING THE DATE YOUR FIRST CLAIM AROSE.
   
   
3. USER CONTENT. EXCEPT FOR SPEECH TECH'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN OUR PRIVACY POLICY, SPEECH TECH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER GENERATED CONTENT AND ANY OTHER USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
   
   

EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPEECH TECH AND YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Speech Tech and its directors, officers, employees, contractors, suppliers, content providers, and agents, from and against all claims, damages, losses and costs that arise from or relate to

• your activities on the Service,
  
  
• any User Generated Content submitted by or on behalf of you, or
  
  
• your violation of the Terms.
  
  

12. Class Action Waiver

YOU AND SPEECH TECH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person's claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose.

Intellectual Property Infringement

We respect the intellectual property rights of others and we expect our users to do the same. To report a copyright, trademark or other intellectual property rights infringement, please contact us at catzugame@gmail.com, using the heading "Intellectual property report".

Limitations and Changes to the Services

We will use every reasonable effort to keep the Services operational, but from time to time, there may be some technical difficulties or maintenance that cause temporary interruption to your access to the Services.

In addition, we're always thinking of ways to improve the Services for our users, whether by adding or removing features and functionalities or by suspending or stopping the Services altogether. We will try to notify you of any changes or scheduled interruptions to Services access beforehand, but we can't guarantee that we always will.

From time to time, we may make changes these Terms. If we make any material changes, we will let you know by either posting an update on the Website or by sending you an email if we have your email address on file. In some situations, we will notify you before making changes to the Terms and your continued use of the App and Services will mean you have accepted the new Terms.

15. Miscellaneous

1. Governing Law. You agree that the laws of the Lithuania, without regard to principles of conflict of laws, will exclusively govern these Terms and any Dispute between you and Speech Tech.
   
   
2. Notices. All notices required or permitted to be given under these Terms must be in writing. Speech Tech may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH SPEECH TECH IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY SPEECH TECH OF AN EMAIL TO THAT ADDRESS. You will give any notice to Speech Tech by means of mail, postage prepaid, to Speech Tech MB, LT-09110 Lithuania, Vilnius, Žirmūnų g. 105-88. Such notice to Speech Tech will be effective upon receipt of notice by Speech Tech.
   
   
3. Severability. If any provision or part of these Terms is deemed to be unlawful, void or for any reason unenforceable, then that provision or part will be deemed severable from these Terms. Any severing of a Term will not affect the validity and enforceability of any remaining provisions or parts of the Terms.
   
   
4. Termination. Notwithstanding anything to the contrary in these Terms, Speech Tech reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any of the Services, including to block or prevent your access and use of any of our websites. You agree that Speech Tech will not be liable for any interruption or termination of your access and/or use of our Services.
   
   
5. No Third-Party Beneficiaries. Except as set forth in these Terms, only you and Speech Tech may enforce these Terms; no third party will be entitled to enforce these Terms.
   
   
6. Survival. The provisions of these Terms which by their nature should survive the termination of these Terms will survive such termination.
   
   
7. Waiver. No waiver of any provision of these Terms by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Chief Executive Officer of Speech Tech in order to be effective.
   
   
8. Assignment. Speech Tech may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
   
   
9. Amendments. These Terms may not be amended unless agreed to in writing and signed by the Chief Executive Officer of Speech Tech.
   
   

our email: catzugame@gmail.com
our postal address: Speech Tech MB, LT-09110 Lithuania, Vilnius, Žirmūnų g. 105-88