Terms of Service
Peech Technology Ltd. ("Peech", "us", "our", or "we"), a company incorporated in the State of Israel with Company No. 516254000, has developed a proprietary algorithm which analyzes the verbal content of video footage and automatically produces an edited video based on such content (the "Edited Video", and the "Services", respectively), available to you through this website ("Site"). It is hereby clarified that the terms “Services” shall include any services provided by Peech in creating the Edited Video(s) through the Platform or otherwise. These Terms of Service ("Terms") govern your access and use of the Site and Services available thereon. Our Privacy Notice, available at [app.peech-ai.com] ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means an individual using the Site or Services.
Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time, following which, your continued use of the Site and/or Services shall constitute your acceptance of such change. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Site or Services.
If you are registering on behalf of any entity or company ("Company"), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Services is revoked where these Terms or use of the Services is prohibited.
In the event of a conflict between these Terms and a statement of work and/or customer agreement we have executed with you or the Company on whose behalf you are using the Site and/or Services, separately and prior to entering into these Terms ("Customer Agreement"), the provisions of such Customer Agreement, as applicable, shall prevail.
1. Use of Site and Services
1.1. Subject to these Terms, Peech allows you to access and use the Site and Services on a non-exclusive basis. Peech may, at its sole discretion and at any time, modify or discontinue providing the Site, Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Site and/or Services.
1.2. Use of and access to the Site and Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, and have the ability to form a binding contract; (d) your use of the Site and Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Site and/or Services.
2. Account Registration
2.1. In order to use the Services, you will need to have a registered account. [You can register by logging in through your Facebook, Gmail or other third-party login account ("Login Account") as may be permitted by Peech from time to time. By registering through a Login Account you represent and warrant that such Login Account is yours and that you have full rights to provide us with the information in such Login Account. To complete the registration process, you must provide all (additional) registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.
2.2. Peech offers different plans to suit your needs. Upon registration you can indicate your choice of plan. Different plans offer different features and scopes, all as listed on the Site or as separately provided to you. If you wish to change the plan for which you are registered, such change will be effective as of the subsequent month.
2.3. Peech may refuse to open an account for any individual or entity at its sole discretion, all subject to applicable law.
2.4. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Peech will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Peech harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at [email@example.com] that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site and Services.
3. Termination of Account
3.1. You acknowledge and agree that Peech may suspend or terminate your account at any time by providing three (3) days prior notice to you. Additionally, upon the occurrence of any of the following events, Peech may suspend or terminate your account immediately: (i) expiration or idleness of your account, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Peech, or (v) failure to make payment in accordance with the terms specified herein, or use of your chargeback rights with your credit card company or denial or dispute of any preapproval obtained by Peech from your credit card company. If your account is terminated, you may not rejoin Peech again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.
3.2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Site and/or Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Site and/or Services.
3.3. You may request termination of your Peech account at any time and for any reason by sending an email to [firstname.lastname@example.org], and such termination will be effective at the end of the following calendar month. Following such time, Peech shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
4. Fees and Payment
4.2. Where applicable, taxes may also be charged. Except as expressly provided in these Terms, fees are non-refundable.
4.3. Please note that Peech may impose or deduct foreign currency processing costs on or from any payments or payouts by Peech in currencies other than U.S. dollars or New Israeli Shekel. When converting currency, prices may be rounded up to the nearest whole number.
5.1. Certain types of content may be made available through the Site and/or Services. "Content" as used in these Terms means, collectively, all content on or made available through the Site and/or Services, including the Edited Videos and any images, photos, pictures, videos, music tracks and any modifications or derivatives of the foregoing. Peech allows you to upload certain Content including but not limited to images and/or pictures and/or videos on or through the Site and/or Services, referred to herein as "User Content".
5.2. Content comes from a variety of sources. You understand that Peech is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the Content (including but not limited to the User Content). You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
6. User Content Restrictions
6.1. Peech has no obligation to accept, display, or maintain any User Content. Moreover, Peech reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content that you upload to the Site and/or Services. You represent and warrant that any User Content that you upload (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; and (iii) that you have all necessary rights, licenses, consents, and authorities to submit such User Content.
6.2. Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts or inhibits use of the Site and/or Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals; (3) infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
7. Use Restrictions
7.1. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site or Services without our prior written authorization, including framing or mirroring any part of the Site or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Services or features that prevent or restrict use or copying of any Content; (3) use the Site or Services or Content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (5) use or access another user’s account or password without permission; (6) use the Site or Services or Content thereon in any manner not permitted by these Terms or applicable law.
7.2. Shutterstock Restrictions. You may have access to certain Content through the Site and/or Services licensed from Shutterstock Inc. (“Shutterstock” and "Shutterstock Content", respectively). Without derogating from any restrictions in these Terms, you agree you shall not and shall not allow any third party to do any of the following with respect to the Shutterstock Content.
7.2.1.You shall not use any Shutterstock Content:
a. except solely as incorporated into an Edited Video or otherwise download any Shutterstock Content in its original, unaltered form outside the Site and/or Services;
b. together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights;
c. portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, or elected official, or political opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities;
d. as a trademark, service mark, or logo.
7.2.2.You shall not use any Shutterstock Content that is music:
a. as a musical theme in connection with any Edited Video;
b. in an audio-only capacity in which music is the primary content with any Edited Video;
c. in an international television advertising campaign by or on behalf of an entity with annual revenues of more than One Billion Dollars ($1,000,000,000);
d. remixed or otherwise altered, except that you may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.);
e. in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
7.2.3.In connection with the access to or use of any Shutterstock Content, you shall not:
a. interfere with or disrupt Shutterstock services or servers or networks connected to Shutterstock services, or disobey any requirements, procedures, policies or regulations of networks connected to Shutterstock services;
b. place, nor cause, enable or permit a third party to place, advertisements or other materials that overlay, obscure or misattribute the Shutterstock Content;
c. use Shutterstock Content and/or services for any illegal or unauthorized purpose;
d. circumvent or modify any API-related keys or other security mechanisms employed by Shutterstock or such API, including without limitation any authentication technologies;
e. enable any other person to personally identify any user of the Site and Services except with the user's express consent;
f. falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including Shutterstock Content);
g. provide content with, in or in connection with the Site and/or Services that falsely expresses or implies that such content is sponsored or endorsed by Shutterstock;
h. Upload, post, email or transmit or otherwise make available with, in or in connection with the Site and/or Services, any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or the user posting the content) are the owner of the content or have the permission of the owner to post such content;
i. transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.
8. Intellectual Property
8.1. Peech or its licensors, as the case may be, have all right, title and interest in the Site, Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Site or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Peech or any third party. If you provide Peech with any feedback ("Feedback") regarding any Content on the Site and/or Services, including with respect to any Edited Video, Peech may use all such Feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such Feedback.
8.2. You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you grant Peech and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, transmit, modify, prepare derivative works of, alter, and/or decompile such User Content on, through or in connection with the Site and/or Services, including to create the Edited Videos and including for the improvement of the Site and/or Services and the development of new services, all for internal use only, save for the Edited Videos and subject to Section 15 herein.
8.3. Notwithstanding Section 8.1 and 8.2, and subject to the terms hereof, including the payment in full of any fees due to Peech, as applicable, Peech assigns to you all rights, title and interest in and to any Edited Video(s), created by Peech for you as a result of the Services; provided however that where such assignment would preclude Peech from providing its Services to any current or future client (the "Excluded Materials), then Peech shall retain all such intellectual property rights in the Excluded Materials and it shall automatically grant back to you a non-exclusive, perpetual, irrevocable, worldwide royalty-free license to use the Edited Video(s) worldwide and for any purpose. Each Edited Video may be subject to additional third-party terms, and you hereby agree that your use of any Edited Video(s) will comply with such terms.
9.1. The policy of Peech is not to infringe upon or violate the intellectual property rights or other rights of any third party, and Peech will refuse to use and remove any User Content in connection with the Site and/or Services that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Peech will remove any Content (including, without limitation, any User Content) if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of Peech is to terminate the accounts of repeat infringers in appropriate circumstances.
9.2. You are in the best position to judge whether your User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
9.3. If you believe that something appearing on the Site and/or Services infringes your copyright, you may send us a notice requesting that it be removed, or that access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA allows you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult with your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting us at [email@example.com].
10. Disclaimers and Disclaimer of Warranty
10.1. All information and Content posted on the Site is for informational purposes only and Peech provides no guarantees with respect thereto. Your use of the Site and/or Services is at your sole discretion and risk. The Site, Services, Content thereon, and/or any Edited Video are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Site, Services and/or Edited Video will be of good quality or useful for your needs.
10.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES AND/OR ANY EDITED VIDEO(S) OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES AND/OR ANY EDITED VIDEO(S); (II) THAT THE SITE, SERVICES OR ANY EDITED VIDEO(S)WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES AND/OR ANY EDITED VIDEO(S).
10.3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10.4. You acknowledge and agree that Peech is not a data retention service. You therefore must create backups of your data, and Peech shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
11. Beta version. Please note that the Site and Services are currently being provided in their beta versions, the features of which have not been fully implemented or refined. As with any beta version, the services currently constitute a work in progress and as such, there may be unresolved issues. The Site and Services have not been subject to full quality assurance procedures and may contain defects. Unless you are comfortable using beta software and understand the implications thereof, please do not to use this beta version of the Site and/or Services.
12. Limitation of Liability
12.1. Without derogating from any of the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or any Content or Services, including Edited Videos. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's property, including mobile device or computer, resulting from use of the Site, Services, from any Content, including without limitation any Edited Video(s), or from the conduct of any users of the Site or Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Peech, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
12.2. IN NO EVENT SHALL PEECH, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES AND/OR ANY EDITED VIDEO(S), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE AND/OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PEECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO PEECH FOR THE USE OF THE SITE AND/OR SERVICES, THEN PEECH SHALL NOT HAVE ANY LIABILITY TOWARD YOU.
13. Indemnification. You agree to indemnify, defend, and hold harmless Peech and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) Site or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
14. Third-Party Content. The Site may provide you with third-party links (including, without limitation, advertisements) to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
15. Publicity. Peech may refer to you as a customer of Peech, including by displaying your name and logo on Peech's Site and/or other marketing materials.
16. Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Peech or enables you to act on behalf of Peech. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.
Last updated: October, 2021