TERMS OF USE
Last updated: April 11, 2024
Acknowledgment
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Little Bee Speech Co. software and website (the “Services" or “Properties”) operated by Little Bee Speech Co. ("Company" "us", "we", or "our").
The terms of use for the Little Bee Speech Co. mobile applications for iOS (“iOS App Terms of Use”) is a legally binding agreement. By downloading, installing or using the Little Bee Speech Co. mobile applications software and/or any updates to such software (collectively, “App(s)”) provided by Little Bee Speech Co. you Agree to the following terms as an authorized User of the entity with which you are employed, affiliated, or associated (“Customer”), which has concluded a subscription agreement for the Little Bee Speech Co. Hive (“Agreement”).
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application(s) or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
App Store Terms
You represent that you are an authorized User under the Agreement. If you do not qualify as an authorized User, then you may download the Apps, but will not be able to log in.
Apple Inc. may, at any time and without notice, restrict, interrupt, or prevent use of the App(s), or delete the App(s) from your Apple device(s), or require Little Bee Speech Co. to do any of the foregoing, without entitling Customer or you to any refund, credit, or other compensation from Little Bee Speech Co. or any third party (including, but not limited to, Apple Inc. or your network connectivity provider).
User’s and Customer's use of the App(s) must comply with the Usage Rules set forth in the Apple App Store Terms of Use, which can be viewed at: https://www.apple.com/legal/internet-services/itunes/us/terms.html
Indemnification
To the extent permitted by applicable law you agree to defend, indemnify and hold harmless Little Bee Speech Co. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Use Restrictions and Intellectual Property
The Service and its original software, content, features and functionality are and will remain the exclusive property of Little Bee Speech Co. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Little Bee Speech Co.
Limitation Of Liability
You understand and agree that in no event shall company parties be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the company properties, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not company has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of the company properties, on any theory of liability, resulting from: (1) the use or inability to use the company properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through the company properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the company properties; or (5) any other matter related to the company properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
Disclaimer of Warranties
As is. You expressly understand and agree that to the extent permitted by applicable law, your use of the company properties is at your sole risk, and the company properties are provided on an “as is” and “as available” basis, with all faults. Company parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
The company parties make no warranty, representation or condition that: (1) the company properties will meet your requirements; (2) your use of the company properties will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the company properties will be accurate or reliable; or (4) any errors in the company properties will be corrected.
Any content downloaded from or otherwise accessed through the company properties is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, any device you use to access the company properties, or any other loss that results from accessing such content. The services may be subject to delays, cancellations and other disruptions. Company makes no warranty, representation or condition with respect to services, including but not limited to, the quality, effectiveness, reputation and other characteristics of services.
Transmissions
All data provided to Company will be handled in accordance with Company’s Privacy Policy. You can view our Privacy Policy here: http://www.littlebeespeech.com/privacy_policy.php
Subscription
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. If you are a school district or organization that purchased a group Subscription directly through the Company the Subscription will not renew automatically. It must be renewed by contacting the Company.
Subscription cancellations
You may cancel Your Subscription renewal through Your User Account Settings screen on your iOS device. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Subscription Billing
To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Company. Your account and access to the Services may be suspended in the event of non-payment of applicable fees.
A free trial is offered so that individual users can try out the services before payment. Payment will be automatically collected at the end of the trial unless the subscription is cancelled before that date.
Charges for monthly and yearly plans are posted within the App(s) and may be changed from time to time. Monthly subscriptions automatically renew on the same or closest date to the day the first monthly payment is made. Yearly subscriptions automatically renew on the one-year anniversary of the initial subscription date, and a reminder email is sent prior to renewal. Renewals are paid with the credit card used to initially subscribe. If you are a school district or organization that purchased a group Subscription directly through the Company you must contact the Company to renew.
Price Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable. Fees for our Services are paid in advance on a monthly or yearly basis and are non-refundable. The Company will not be required to issue refunds or credits for partial months of service, upgrade/downgrade, or for months unused.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. Refunds may also be requested through Apple at: https://support.apple.com/en-us/HT204084 if your subscription is through the Apple App Store.
Free Trial
The Company offers the Little Bee Hive Subscription with a Free Trial for a limited period of time.
Individual Trial: You will be required to have a valid Apple ID and enter Your billing information in the Apple App Store in order to sign up for the Free Trial. Free trials are available for individuals only through the App Store.
You will not be charged by the Company until the Free Trial has expired. You must cancel your subscription before the last 24 hours of the trial period if you do not wish to automatically be charged the applicable Subscription fees for the type of Subscription You have selected. All subscription fees are processed through the App Store.
Group Trial: If you belong to a school district or other group you can contact the Company at sales@littlebeespeech.com for group trial details. Group trials are set up by the Company directly and are not processed through the App Store. The Company reserves the right to refuse trials to any group if deemed necessary by the Company.
Group Payment: At the end of the free trial customer will have the option to continue with the service by paying the Company directly via PO, card or check for U.S. customers. Customers outside the U.S. have the option to pay by card or wire transfer. Group payments are not recurring and must be paid before the end of the subscription period to continue service.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Uploading Content
Our Service allows You to upload Content. This includes custom words, custom images, custom word lists, user image/avatar, student image/avatar. You are responsible for the Content that You upload to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Termination and/or Cancellation
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may contact the Company and your account will be terminated within 30 days.
The Company will not be required to issue refunds or credits for partial months of service, upgrade/downgrade, or for months unused. The Company may, however, choose to issue refunds at its sole discretion. Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site. Termination, suspension, or cancellation of the Services or your access rights to the Application(s) shall not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company.
User Communications
You agree that Company may contact you by email at any of the email addresses provided by you or on your behalf in connection with a Company account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You may opt out of receiving promotional messages from Company at any time, by following the opt-out instructions provided in the email.
Governing Law
The Service is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service. Those who choose to access the Service from other locations outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Revisions to this Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. Users will be notified in the event of any material changes by direct email or in-app message.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us: support@littlebeespeech.com