Terms and Condition


  1. General
    The SpeechBuds website (“Website”), together with any content, tools, features and functionality offered on or through the Website (the “Service”) is operated by SpeechBuds, Inc. (“SpeechBuds,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. SpeechBuds may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
    PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.

  2. Description of Website and Service
    The Service allows users to take speech tests on the SpeechBuds App, which may be certified by SpeechBuds and shared with educational institutions or other third parties. SpeechBuds may, in its sole discretion, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, at any time, and may change a certification decision. In the event that SpeechBuds determines in its sole discretion that it believes a user has cheated on a test it may change its certification decision on all tests taken by that user, including notifying all third parties that the results have been sent to by the Service.

  3. Registration
    In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by SpeechBuds; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to SpeechBuds, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

  4. Content
    As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, responses to questions, interview videos or other materials on the Service (“Content”), you hereby grant to SpeechBuds a royalty free, perpetual, worldwide, nonexclusive, transferable, and sublicensable license, and otherwise authorize SpeechBuds, to use, reproduce, copy, modify, and distribute the Content in connection with the provision of the Services including distribution to educational institutions as part of any admissions process.

  5. Your Representations and Warranties
    You represent and warrant to SpeechBuds that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any Content you submit via the Service and that you have the right, as applicable, to grant us a license to use that Content as set forth above or the right to assign Activity Materials and Feedback to us as set forth below. If you register with the SpeechBuds, you further represent and warrant that the identification materials you submit to SpeechBuds are true and accurate representations of legal identification documents, issued to you by a government entity in accordance with local laws, and that you are registering for the SpeechBuds for the express purpose of taking a language examination. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your SpeechBuds account for any purpose.
    You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.

  6. Use Restrictions
    You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

    • upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in SpeechBuds’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose SpeechBuds or its users to any harm or liability of any kind;

    • use the SpeechBuds to collect information about our testing process or to develop strategy, guides or other testing preparation material or a similar testing service, and you may not violate any rules applicable to the English Test or otherwise cheat or circumvent the applicable procedures when taking an English Test;

    • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service;

    • access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same (including viruses and other malware);

    • attempt to gain unauthorized access to the Service, or the computer systems or networks connected to the Service;

    • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;

    • use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;

    • use the Service for illegal, harassing, unethical, or disruptive purposes;

    • violate any applicable law or regulation in connection with your access to or use of the Service; or

    • access or use the Service in any way not expressly permitted by these Terms.

  7. Indemnification of SpeechBuds
    You agree to defend, indemnify and hold harmless SpeechBuds and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, your Content, or your negligence or willful misconduct.

  8. License to Service
    Subject to your compliance with these Terms and Conditions, SpeechBuds hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the App provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us in the manner permitted by these Terms and Conditions and subject to the use restrictions described above. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that SpeechBuds, in its sole discretion, may elect to take.

  9. Payment Processors
    All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will SpeechBuds be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

  10. Refund Policy

    • General
      In the event that SpeechBuds suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused features.


  1. Third-Party Links, Sites, and Services
    The Service may contain links to third-party websites, services, or other events or activities that are not owned or controlled by SpeechBuds. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from SpeechBuds, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that SpeechBuds shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

  2. NO REPRESENTATIONS OR WARRANTIES BY SpeechBuds
    THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY SpeechBuds ARE PROVIDED TO YOU ON AN “AS IS” BASIS. SpeechBuds AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SpeechBuds DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  3. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
    IN NO EVENT WILL SpeechBuds BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF SpeechBuds HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SpeechBuds’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SpeechBuds FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

  4. Termination
    If you breach any of the provisions of these Terms and Conditions, all licenses granted by SpeechBuds will terminate automatically. Additionally, SpeechBuds may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your SpeechBuds account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of SpeechBuds’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

  5. Proprietary Rights in Service, Service Content and Activity Materials
    The Service and all content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of SpeechBuds or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and SpeechBuds, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by SpeechBuds, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to SpeechBuds any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of SpeechBuds or its licensors that are not expressly granted in these Terms and Conditions are reserved to SpeechBuds and its licensors.

  6. Trademarks
    “SpeechBuds,” “Speech buds” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of SpeechBuds or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the SpeechBuds name or any SpeechBuds or third-party trademarks, service marks, graphics or logos.

  7. Feedback
    We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of SpeechBuds, and SpeechBuds may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to SpeechBuds any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

  8. Privacy
    Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://www.speechbuds.com/privacy By using the Service, you consent to the terms of the Privacy Policy.

  9. Notice for Claims of Copyright Violations and Agent for Notice
    If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to SpeechBuds pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:

    • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;

    • a description of the copyrighted work that you claim has been infringed;

    • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

    • your address, telephone number, and email address;

    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

  10. Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). SpeechBuds can be reached as follows:
    By mail: 11 South Cres, Maplewood, NJ-07040
    By email:     info@speechbuds.com

  11. Governing Law and Arbitration; No Class Action
    These Terms and Conditions, its subject matter and SpeechBuds’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for SpeechBuds’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
    If you do not want to arbitrate disputes with SpeechBuds and you are an individual, you may opt out of this arbitration agreement by sending an email to info@speechbuds.com within 30 days of the day you first access or use the Service.
    If you intend to seek arbitration you must first send written notice to SpeechBuds’s Administration Office of your intent to arbitrate (“Notice”). The Notice to SpeechBuds should be sent by any of the following means: (i) electronic mail to info@speechbuds.com; or (ii) sending the Notice by U.S. Postal Service certified mail to 11 South Cres, Maplewood, NJ-07040 The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
    The arbitration will be conducted before a neutral single arbitrator in Tampa in Florida, whose decision will be final and binding, and the arbitral proceedings will be governed by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by these Terms and Conditions. The JAMS Rules are available at www.jamsadr.com. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Rules. We will reimburse all other JAMS filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the JAMS Rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or SpeechBuds may elect to have the dispute resolved through non-appearance-based arbitration.
    To the fullest extent permitted by applicable law, YOU AND SpeechBuds EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND SpeechBuds EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and SpeechBuds agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in Tampa in Florida and you and SpeechBuds each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that SpeechBuds shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

  12. Injunctive Relief
    You agree that a breach of these Terms and Conditions will cause irreparable injury to SpeechBuds for which monetary damages would not be an adequate remedy and SpeechBuds shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

  13. California Residents
    If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

  14. Language
    This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

  15. Miscellaneous
    These Terms and Conditions constitute the entire agreement between SpeechBuds and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by SpeechBuds or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. SpeechBuds may assign its rights or obligations under these Terms and Conditions without condition but may not be assigned by you without the prior express written consent of SpeechBuds. These Terms and Conditions will be binding upon and will inure to the benefit of SpeechBuds and you, and SpeechBuds’s and your respective successors and permitted assigns.

  16. Contact Us
    You may contact us regarding the Services or these Terms at: (i) 11 South Cres, Maplewood, NJ-07040 or (ii) by e-mail at info@speechbuds.com