Terms of Service

1. Service Description and Acceptance

1.1 Speakeasy Service

Speakeasy is an AI-powered conversation practice platform that provides:

• Conversation Simulation: Realistic practice conversations for various scenarios
• Voice Interaction: Speech-based practice sessions with AI-generated responses
• Custom Scenarios: Ability to create and modify practice situations
• Progress Tracking: Analytics and feedback on communication improvement
• Professional Development: Interview, coaching, and career-focused practice tools

1.2 Acceptance Requirements

By using Speakeasy, you represent that:

• You are at least 13 years old (or the age of digital consent in your jurisdiction)
• You have the legal authority to enter into this agreement
• You will use Speakeasy responsibly and in compliance with all applicable laws
• You have read and understood our Privacy Policy regarding voice data

1.3 Modifications

We reserve the right to modify these Terms:

• Notice: 30 days' advance notice for material changes
• Communication: Updates sent via email and in-app notification
• Continued Use: Using Speakeasy after changes constitutes acceptance
• Objection Rights: You may discontinue use if you disagree with changes

2. Age Requirements and Capacity

2.1 Minimum Age Requirements

• General Use: Must be 13 years or older
• EU Users: Must meet GDPR digital consent age (typically 16)
• Parental Consent: Required for users under 18 in some jurisdictions
• Professional Features: Some career-focused features require 18+ age verification

2.2 Parental Oversight

For users under 18:

• Parental Awareness: Parents should be aware of voice data processing
• Content Monitoring: Parents can review practice scenarios and content
• Data Rights: Parents can exercise privacy rights on behalf of minors
• Account Termination: Parents can request account deletion

2.3 Educational Use

For educational institutions:

• FERPA Compliance: Educational use complies with privacy requirements
• Institutional Oversight: Schools maintain oversight of student use
• Parent Notification: Parents informed of educational voice data processing
• Limited Features: Some features may be restricted for educational accounts

3. Voice Data and AI Interaction

3.1 Voice Data Usage

By using Speakeasy's voice features, you consent to:

• Voice Recording: Recording your voice during practice sessions
• Speech Processing: AI analysis of your speech for conversation simulation
• Response Generation: Using your input to generate appropriate AI responses
• Performance Analytics: Analysis of conversation patterns for improvement feedback

3.2 AI Conversation Limitations

• Simulation Only: AI conversations are practice simulations, not real counseling or advice
• Accuracy Limitations: AI may not perfectly understand or respond to all inputs
• No Professional Advice: AI responses are not professional, medical, or legal advice
• Human Judgment Required: Apply your own judgment in real-world situations

3.3 Voice Privacy and Security

• Consent Control: You can withdraw voice data consent at any time
• Data Deletion: Request deletion of voice recordings and derived data
• Processing Transparency: Clear information about how voice data is processed
• Security Measures: Industry-standard security for voice data protection

4. Acceptable Use Policy

4.1 Permitted Uses

Speakeasy may be used for:

• Personal Development: Improving communication and conversation skills
• Professional Training: Interview preparation and career development
• Educational Purposes: Learning and practicing communication techniques
• Confidence Building: Safe practice environment for difficult conversations

4.2 Prohibited Activities

You agree NOT to use Speakeasy for:

• Illegal Content: Practicing or discussing illegal activities
• Harassment Simulation: Creating scenarios that promote harassment or abuse
• Harmful Content: Generating content that could harm yourself or others
• Privacy Violations: Recording others without consent
• Deceptive Practices: Using AI voices to deceive others
• Reverse Engineering: Attempting to reverse-engineer AI models
• System Abuse: Overloading or attacking our systems
• Data Mining: Extracting data for unauthorized purposes

4.3 Content Guidelines

All user-generated content must:

• Comply with applicable laws and regulations
• Respect intellectual property rights
• Be appropriate for professional development contexts
• Avoid offensive, discriminatory, or harmful language
• Maintain professional and ethical standards

4.4 Professional Ethics

• Confidentiality: Respect confidentiality of real workplace situations
• Appropriate Boundaries: Maintain professional boundaries in practice scenarios
• Ethical Use: Use practice sessions to improve professional conduct
• No Substitution: Do not use as substitute for actual professional training

5. Professional Development Disclaimers

5.1 Interview and Career Preparation

• Practice Only: Interview simulations are for practice, not actual interview advice
• No Guarantees: Cannot guarantee job interview success or career outcomes
• Industry Variance: Real interviews may differ significantly from simulations
• Professional Guidance: Seek professional career counseling for important decisions

5.2 Leadership and Executive Coaching

• Not Professional Coaching: AI simulations are not replacement for executive coaching
• Leadership Development: Supplement, not substitute, for professional development
• Situational Context: Real leadership situations require human judgment and expertise
• Professional Resources: Consult qualified coaches for serious leadership challenges

5.3 Personal and Relationship Conversations

• Not Therapy: Personal conversation practice is not counseling or therapy
• Mental Health: Seek professional help for mental health concerns
• Relationship Counseling: AI cannot replace professional relationship therapy
• Crisis Situations: Contact appropriate professionals for crisis intervention

5.4 Medical and Healthcare Communication

• Educational Only: Healthcare communication practice is educational only
• Not Medical Training: Cannot replace formal medical communication training
• Patient Safety: Real patient interactions require proper medical training
• Professional Standards: Follow healthcare professional standards and ethics

6. Intellectual Property Rights

6.1 Speakeasy Intellectual Property

All Speakeasy technology and content are protected by intellectual property laws:

• AI Technology: Conversation AI models and algorithms are proprietary
• Software: App code, interfaces, and functionality are copyrighted
• Content: Practice scenarios, prompts, and educational materials
• Trademarks: "Speakeasy" name, logos, and branding

6.2 User Content Rights

Regarding content you create in Speakeasy:

• Ownership: You retain ownership of your original creative content
• License Grant: You grant us license to process and store your content for service provision
• Voice Data: Your voice recordings remain your property subject to processing rights
• Custom Scenarios: You own custom scenarios you create

6.3 AI-Generated Content

• AI Responses: AI-generated responses are created by our proprietary systems
• No Ownership Claims: We don't claim ownership of AI responses to your input
• Training Data: Your interactions may be used to improve AI models (with consent)
• Commercial Use: Commercial use of AI responses requires separate agreement

6.4 DMCA Safe Harbor Protection

Speakeasy complies with the Digital Millennium Copyright Act (DMCA) and qualifies for safe harbor protections:

Filing a DMCA Takedown Notice

To report copyright infringement, send a notice to synclively@gmail.com including:

• Identification: Description of the copyrighted work claimed to be infringed
• Location: Information reasonably sufficient to locate the infringing material
• Contact Information: Your name, address, phone number, and email
• Good Faith Statement: Statement that you have a good faith belief the use is not authorized
• Accuracy Statement: Statement that the information is accurate and you are authorized to act
• Signature: Physical or electronic signature of the copyright owner or authorized agent

Counter-Notification Process

If your content was removed due to a DMCA notice, you may file a counter-notification:

• Identification: Identification of the material that was removed
• Good Faith Statement: Statement that removal was due to mistake or misidentification
• Consent to Jurisdiction: Agreement to federal district court jurisdiction
• Contact Information: Name, address, and phone number
• Signature: Physical or electronic signature

Repeat Infringer Policy

We maintain a policy to terminate accounts of users who are repeat infringers:

• Three Strike Policy: Three valid DMCA complaints may result in account termination
• Serious Violations: Egregious infringement may result in immediate termination
• Appeal Process: Users may appeal termination decisions
• Record Keeping: We maintain records of infringement notices and responses

Designated Agent

Our DMCA Designated Agent is registered with the U.S. Copyright Office:

• Email: synclively@gmail.com
• Company: Fuyu Labs
• Address: [TODO: Add business address after Delaware incorporation]

6.5 Third-Party Content

• Respect Rights: Respect third-party intellectual property in custom content
• Licensed Content: Some practice scenarios may include licensed content
• Attribution: Proper attribution for any third-party materials used
• Fair Use: Educational use may qualify for fair use exceptions

7. AI Technology Terms and Limitations

7.1 AI System Capabilities

Our AI technology provides:

• Speech Recognition: Converting voice input to text for processing
• Natural Language Processing: Understanding and analyzing conversation content
• Response Generation: Creating contextually appropriate conversation responses
• Performance Analysis: Evaluating communication patterns and providing feedback

7.2 Local AI Model Usage

Speakeasy employs on-device AI models for privacy and performance:

• Local Processing: AI models (including Qwen and similar) operate locally on your device
• No Internet Required: Core AI functionality works offline for enhanced privacy
• Model Performance: Local models may have different capabilities than cloud-based alternatives
• Device Requirements: AI performance depends on your device's processing capabilities

7.3 AI Limitations and Disclaimers

• Processing Errors: AI may misunderstand or incorrectly process input
• Contextual Limitations: May not fully grasp complex contextual nuances
• Bias Potential: AI models may reflect biases present in training data
• Cultural Sensitivity: May not fully account for cultural communication differences
• Local Model Constraints: On-device AI may have reduced capabilities compared to cloud models

7.4 Future AI Enhancements

Planned AI improvements include:

• Enhanced Conversations: More sophisticated dialogue capabilities
• Voice Synthesis: AI-generated voices for conversation partners
• Emotional Recognition: Understanding and responding to emotional context
• Personalized Coaching: AI-driven personalized improvement recommendations

7.5 User Responsibilities with AI

• Critical Evaluation: Critically evaluate all AI responses and suggestions
• Real-World Application: Apply human judgment when using AI insights in real situations
• Professional Consultation: Consult professionals for important decisions
• Feedback Provision: Provide feedback to improve AI accuracy and appropriateness

7.6 Export Control and AI Model Compliance

Speakeasy's AI models and technology are subject to export control regulations:

U.S. Export Administration Regulations (EAR)

• Controlled Technology: AI models may be subject to EAR controls
• End User Compliance: Users must comply with applicable export control laws
• Restricted Countries: Service may be restricted in certain jurisdictions
• Re-export Restrictions: AI models and data cannot be re-exported to restricted parties

International Traffic in Arms Regulations (ITAR)

• Non-ITAR Technology: Speakeasy AI models are not designed for military applications
• Civilian Use Only: Technology intended for civilian conversation practice
• No Weapons Applications: Prohibited from use in weapons systems or military applications

Model Provenance and Licensing

• Qwen Model: Used under appropriate licensing agreements
• Apple Foundation Models: Subject to Apple's terms and restrictions when available
• Third-Party Models: All third-party AI models used under proper licenses
• Open Source Components: Compliance with open source license requirements

International Use Restrictions

• Prohibited Countries: Service may be restricted in countries subject to U.S. sanctions
• Sanctions Compliance: Full compliance with OFAC and other sanctions programs
• User Verification: We may verify user locations and identities for compliance
• Service Termination: Service may be terminated for export control violations

Compliance Commitment

• Legal Compliance: Full compliance with all applicable export control laws
• Regular Review: Regular review of export control requirements
• User Education: Education of users about export control obligations
• Cooperation: Full cooperation with government agencies on compliance matters

8. Service Availability and Performance

8.1 Service Availability

• Best Effort: We strive to maintain high service availability
• No Guarantees: Cannot guarantee uninterrupted or error-free service
• Maintenance Windows: Scheduled maintenance may temporarily interrupt service
• Technical Issues: Outages may occur due to technical problems or updates

8.2 AI Performance Expectations

• Continuous Improvement: AI models are regularly updated and improved
• Performance Variations: AI performance may vary based on input quality and complexity
• Learning Period: AI may require time to adapt to individual users
• Feedback Integration: User feedback helps improve AI performance over time

8.3 Platform Requirements

• Device Compatibility: Compatible devices with microphone and speaker capabilities
• Internet Connection: Stable internet required for AI processing
• Browser Requirements: Modern web browsers with voice recognition support
• System Updates: Regular updates may be required for optimal performance

8.4 Feature Development

• Early Access: New features may be released in early access or beta versions
• Feature Changes: Features may be modified or discontinued based on user feedback
• User Testing: Some users may be invited to test experimental features
• Feedback Welcome: User input helps guide feature development priorities

9. Payment Terms and Subscription (Future)

9.1 Planned Subscription Features

Future paid features may include:

• Premium AI Models: Access to advanced conversation AI capabilities
• Extended Practice Time: Unlimited or extended practice session durations
• Professional Scenarios: Industry-specific and advanced practice scenarios
• Detailed Analytics: Comprehensive progress tracking and improvement insights

9.2 Payment Processing

• Third-Party Processors: Payments processed through secure third-party services
• Payment Security: Industry-standard security for payment information
• Billing Cycles: Clear information about subscription periods and renewal
• Payment Methods: Multiple payment options for user convenience

9.3 Subscription Management

• Easy Cancellation: Cancel subscriptions at any time through account settings
• Refund Policy: Clear refund policies for subscription services
• Grace Periods: Reasonable grace periods for payment issues
• Feature Access: Clear explanation of feature access during and after subscription

10. Privacy and Data Protection Integration

10.1 Privacy Policy Integration

These Terms work together with our Privacy Policy to govern:

• Voice data collection, processing, and storage practices
• AI training data usage and user consent
• User rights regarding personal and voice data
• International data transfer and protection measures

10.2 Consent Management

• Granular Consent: Separate consent for different data processing activities
• Consent Withdrawal: Ability to withdraw consent for voice data processing
• Processing Transparency: Clear information about how voice data is processed
• User Control: Controls for managing data processing preferences

10.3 Data Subject Rights

• Access Rights: Request access to your voice data and AI interactions
• Deletion Rights: Request deletion of voice recordings and derived data
• Portability Rights: Export your practice data and custom scenarios
• Correction Rights: Correct inaccurate personal information

11. Limitation of Liability and Disclaimers

11.1 Service Disclaimers

• As-Is Provision: Service provided without warranties of any kind
• No Professional Advice: AI responses are not professional advice or recommendations
• Accuracy Limitations: Cannot guarantee accuracy of AI responses or analysis
• Real-World Outcomes: Not responsible for real-world conversation outcomes

11.2 AI Technology Disclaimers

• AI Limitations: Artificial Intelligence has inherent limitations and biases
• Processing Errors: AI may misinterpret or incorrectly process input
• Contextual Understanding: AI may not fully understand complex situations
• Cultural Sensitivity: AI may not account for all cultural communication norms

11.3 Limitation of Liability

To the maximum extent permitted by law:

• No Consequential Damages: Not liable for indirect or consequential damages
• Professional Outcomes: Not liable for job interview results or career outcomes
• Relationship Impact: Not liable for personal relationship consequences
• Maximum Liability: Total liability limited to fees paid (if any)

11.4 User Responsibility

• Independent Judgment: Users must exercise independent judgment
• Professional Consultation: Seek professional advice for important matters
• Appropriate Use: Use service appropriately for intended purposes
• Risk Assessment: Assess risks before applying practice insights

12. Indemnification

12.1 User Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Misuse of Service: Improper or unauthorized use of Speakeasy
• Content Violations: User-generated content that violates these Terms
• Privacy Violations: Recording others without consent
• Professional Misuse: Inappropriate application of practice insights
• Third-Party Claims: Claims related to your use of the service

12.2 AI-Related Indemnification

• AI Misuse: Using AI responses inappropriately or without judgment
• Professional Consequences: Negative outcomes from applying AI advice
• Voice Data Misuse: Inappropriate use of voice generation features
• Deceptive Use: Using AI to deceive or mislead others

12.3 Defense Rights

• We reserve the right to assume defense of indemnified claims
• You cannot settle claims affecting us without written consent
• Cooperation required with defense of indemnified matters
• Indemnification obligations survive termination of these Terms

13. Termination and Account Management

13.1 User Termination Rights

• At-Will Termination: Stop using Speakeasy at any time
• Account Deletion: Request complete account and data deletion
• Voice Data Deletion: Request immediate deletion of voice recordings
• Export Options: Export custom scenarios and practice data before termination

13.2 Our Termination Rights

We may terminate or suspend access for:

• Terms Violations: Breach of these Terms of Service
• Inappropriate Use: Use contrary to intended purposes
• Harmful Content: Creating harmful or inappropriate practice scenarios
• Technical Abuse: Abuse of AI systems or technical infrastructure
• Legal Requirements: When required by law or regulation

13.3 Effect of Termination

• Service Access: Immediate loss of access to Speakeasy services
• Data Retention: Data handled according to Privacy Policy retention periods
• Voice Data: Voice recordings deleted according to user preferences
• Surviving Obligations: Certain Terms survive termination (indemnification, liability)

13.4 Account Recovery

• Suspension Appeals: Process for appealing account suspensions
• Data Recovery: Limited time periods for data recovery after deletion
• Reactivation: Conditions for account reactivation after suspension
• Support Contact: Dedicated support for account-related issues

14. Dispute Resolution and Legal Terms

14.1 Informal Resolution

Before pursuing formal dispute resolution:

• Direct Contact: Contact synclively@gmail.com with detailed dispute description
• Good Faith: Work in good faith to resolve disputes amicably
• Resolution Period: Allow 60 days for informal resolution attempts
• Documentation: Maintain records of resolution attempts

14.2 Arbitration Agreement

Disputes not resolved informally will be subject to binding arbitration:

• Individual Basis: Arbitration conducted on individual basis only
• Class Action Waiver: Waiver of class action and collective dispute rights
• AAA Rules: Arbitration under American Arbitration Association rules
• Cost Allocation: Costs allocated according to applicable law

14.3 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Intellectual property disputes and violations
• Small claims court matters under jurisdictional limits
• Injunctive relief for Terms violations
• Regulatory complaints to government agencies

14.4 Governing Law and Jurisdiction

• Federal Law: Governed by United States federal law
• State Law: Delaware state law applies where federal law doesn't govern
• Jurisdiction: Delaware courts have jurisdiction for non-arbitrable disputes
• International Users: May have additional rights under local law

15. General Provisions

15.1 Entire Agreement

• These Terms and our Privacy Policy constitute the complete agreement
• Supersedes all prior agreements and communications
• Modifications must be in writing and agreed to by both parties
• Additional terms may apply to specific features or services

15.2 Severability and Enforcement

• Severability: Invalid provisions severed, remainder remains enforceable
• Enforcement: Failure to enforce doesn't waive right to enforce later
• Partial Invalidity: Partial invalidity doesn't affect remaining provisions
• Reform: Invalid provisions reformed to be enforceable when possible

15.3 Assignment and Transfer

• Our Assignment Rights: We may assign these Terms without notice
• User Assignment: Users cannot assign Terms without written consent
• Successor Binding: Terms bind successors and permitted assigns
• Business Transfer: Terms may transfer with business acquisition

15.4 Force Majeure

• Neither party liable for delays due to circumstances beyond reasonable control
• Includes natural disasters, government actions, pandemics, technical failures
• Obligations resume when circumstances permit
• Notice required of force majeure events when practical

17. Acknowledgment and Effective Date

By using Speakeasy, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms
• You have read and understood our Privacy Policy regarding voice data
• You understand the limitations of AI technology and conversation simulation
• You will use Speakeasy responsibly for its intended purposes
• You understand that practice sessions are simulations, not professional advice
• You consent to voice data processing as described in our Privacy Policy