Description of the Service
SpeakMyNews – Podcast and Video Creation Service
SpeakMyNews offers a service designed to create podcasts and videos from news articles, blogs, websites… The Service uses advanced technology to convert written articles into audio podcasts and video formats.
Usage Limitations and Monetization
The content generated by the Service, including podcast and videos, cannot be used for TV and Radio advertising, and cannot be used to promote products or services.
The podcast and videos generated by the Service cannot be streamed in TV or Radio stations.
Content Generation
The process of content creation involves using Acapela Group’s proprietary technologies to transform written texts into audio and video formats. The quality of the generated content depends on the input material and the quality of the source articles. Users can refer to the FAQ section on our website for guidelines on optimizing content quality. Acapela Group does not conduct the actual content creation but provides the technology for it.
Licensed Software
The content created using the Service is delivered along with licensed software, hereinafter referred to as the « Licensed Software. » The terms and conditions for using the Licensed Software are detailed in Annex A. Users are required to adhere to the specific terms outlined in Annex B, General Terms and Conditions, attached hereto.
Delivery
Upon the completion of content creation and formal approval by the User, SpeakMyNews will deliver the final content via a secure link in the website.
Section 1 – Pricing
The pricing for using the Service, including content creation and the Licensed Software, is detailed on the SpeakMyNews website. The price list is based on standard usage of our technologies and is provided for informational purposes only. SpeakMyNews reserves the right to propose alternative pricing models tailored to specific usage, applications, or markets.
Section 2 – Payment
Users are responsible for the purchase and payment of the Service as per the invoice issued by Acapela Group. Invoices are generated after the payment, the formal approval of the content and delivery completion. Payment can be made as a monthly or a yearly subscription basis.
Section 3 – Date of Payment
The subscription fee for the service will be due each month or year, depending on the subscription period selected.
Section 4 – Delay in Payment
Invoices must be settled within 30 days following the invoice date. In cases of delayed payment, Acapela Group will issue a first reminder free of charge. For payments not made within the specified period, late payment interest and fixed indemnity, as outlined by applicable law, will be applied. Reminder costs for subsequent reminders will be incurred by the User.
End User License Agreement
By accepting these Terms of Service (ToS), the User agrees to the General Terms and Conditions outlined in Annex B, attached hereto as « End User License Agreement. » These terms encompass additional conditions governing the transaction between the parties.
Copyright on Content
The User retains sole ownership of the content created using the Service, including podcasts and videos. Acapela Group may use samples of the content, with the User’s written consent, for showcasing purposes.
Term and Limited Warranty
The agreement between the parties is valid for a period of 70 (seventy) years, commencing from the date of signing the agreement. It is important to note that reproducing a human voice is a complex process, and achieving a perfectly natural-sounding voice may not be possible. Voice quality perception is subjective and does not affect Acapela Group’s warranty.
Acapela Group warrants, solely for the User’s benefit, that for a period of six (6) months from the date of delivery: (i) the Licensed Software, when used as directed, will substantially achieve the functionality described in the Specifications, and (ii) the media containing the Licensed Software is free from defects in material and workmanship. However, this warranty is contingent on strict adherence to usage instructions and the absence of misuse, damage, alteration, or modification to the Licensed Software.
Acapela Group and its licensors disclaim all other warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose. In no event will Acapela Group’s liability exceed the total amount paid by the User.
Governing Law and Disputes
The agreement is governed by and construed in accordance with the laws of BELGIUM. Any disputes, controversy or claims arising from the agreement will be subject to the jurisdiction of the courts of BELGIUM.
General Provisions
- Severability: If any provision hereof including the Annex A and B of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain valid. The parties agree to substitute for such provision a valid provision that most closely approximates the intent and economic effect of such severed provision.
- Independent Companies: The relationship of Acapela Group and The User hereby established is that of independent companies, and nothing contained herein will be construed to constitute the parties as partners, joint venturers, co-owners or otherwise as participants in a joint or common undertaking, or to allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
- Force Majeure: Neither party shall be liable to the other for a failure to perform any of its obligations hereunder, except for payment obligations, during any period in which such performance is delayed due to circumstances beyond its reasonable control, provided such party notifies the other of the delay.
- Waiver of Breach: No waiver of any kind hereunder will be deemed effective unless set forth in writing and signed by the party charged with such waiver, and no waiver of any right arising from any breach or failure to perform will be deemed to be a waiver or authorization of any other breach or failure to perform or of any other right arising hereunder.
- Successors and Assigns: The rights and obligations of each party hereunder may not be transferred or assigned directly or indirectly without the prior written consent of the other party, except that Acapela Group may assign the agreement to a parent, subsidiary, or any entity that acquires substantially all of its stock, assets or business. Except as otherwise expressly provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto. You understand and acknowledge that the Service is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing you with possibilities to evaluate and demonstrate the Service and Acapela Group with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Acapela Group strongly encourages you to backup all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
Changes to the Service
Acapela Group reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Acapela Group may provide notice of any such changes to the Service by posting them on its websites and/or via the Service. You agree that Acapela Group shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that Acapela Group has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future.Feedback
As part of using the Service, Acapela Group will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, Acapela Group will be free to use any feedback you provide for any purpose whatsoever.
Support
Support for SpeakMyNews is available via email ([email protected]) or the Contact Us form on our website during office hours (9 AM – 5 PM CET). Efforts are made to respond to support requests within 5 working days.
Please review these Terms of Service carefully before using SpeakMyNews. If you do not agree with any part of these terms, please refrain from using the Service.