This service agreement (“Terms”) governs your (“Member”) service for and use of SpeakerFlow University (“Service”) made available by SpeakerFlow LLC, having its registered office in Wyoming (“Company”).
The Terms are accepted by the Member upon submitting order of the service.
1. The Service
1.1 The Service is accessible to the Member through university.speakerflow.com by way of Mighty Networks, a California company.
1.2 The service includes biweekly meetings for the tracks offered, access to the SpeakerFlow University community portal (accessibility referenced in 1.1), and all of the content and resources provided therein while a Member.
1.2.1 Meetings are composed of multiple types of sessions run through Zoom meetings and regarding topics to be chosen by the SpeakerFlow team, and run at their discretion. Including and not limited to information regarding the business of speaking, selling, marketing, and running a back office.
1.2.2 Meetings will be run by a person selected at SpeakerFlow LLC’s discretion. This includes, but is not limited to, agents of SpeakerFlow LLC, guest experts from third-party organizations, as well as other members of SpeakerFlow University.
1.3 Though SpeakerFlow CRM, another product owned and provided by SpeakerFlow LLC, is the main subject of at least one of our tracks, this product/service is provided separately and is governed by the terms and conditions outlined at https://speakerflow.com/crm/terms-of-service. This product/service is not provided with the SpeakerFlow University subscription, but can be provided upon customer request at an additional charge.
1.4 All content provided within SpeakerFlow University and by the SpeakerFlow LLC team is owned solely by SpeakerFlow and is made available to the Member at it’s discretion.
1.4.1 Content is not to be shared or otherwise distributed, without written permission by an agent of SpeakerFlow LLC, outside of university.speakerflow.com OR to another member of SpeakerFlow University by other means of communication (including but not limited to: social media direct messages, email, SMS, phone).
1.4.2 Sharing content outside of permissible settings is considered a breach of these terms and SpeakerFlow LLC reserves the right to pursue claims for damages and losses attributed to this breach.
2. Prices and payment
2.1 The Customer shall pay the fee in accordance with the price list set out on the Company’s website and these Terms, unless a special agreement has been reached.
2.2 In addition to the above, the Company is entitled to change its prices according to changes in currency rates and general price changes (inflation). Such price adjustments will be notified to the Member before taking effect.
2.3 The Member must pay invoices no later than the due date of the Company’s invoice.
2.4 If the Company’s invoice is not duly paid after fifteen (15) days, the Company is entitled to suspend the Member’s access to SpeakerFlow University, as well as it’s meetings and content. The suspended access does not release the Member from its obligation to pay the invoice and other accruing fees thereafter.
2.5 The Customer accepts to receive invoices and reminders sent by email.
3. Termination and refunds
3.1 The term of service will conclude upon written notice by the Member. Members can terminate this service at any time, and for any reason.
3.2 SpeakerFlow LLC reserves the right to terminate the terms of service at any time, and for any reason, upon written notice to the Member.
3.2 SpeakerFlow will not issue refunds at any time, nor for any reason.
5.1 The Company is entitled to assign all of its rights and obligations pursuant to the service agreement, including these Terms to a third party.
5.2 The Member cannot assign its rights and obligations pursuant to the service agreement to a third party without the prior written consent of the Company. Such content must not be unreasonably withheld.
6. Intellectual property rights
6.1 The Company retains all intellectual property rights, including without limitation copyrights, patent rights, trademark rights, know-how etc., in and to the Service. The Company does in no way assign, transfer or grant any rights to any of its intellectual property rights to the Customer.
6.2 The Member is not allowed to assign, license, sell, rent out, lend out, hand over, or pass on the information provided by SpeakerFlow LLC to a third party without the written consent of the Company.
6.3 The Member is not entitled to copy, reverse-engineer, disassemble, decompile, change or modify the information provided by the Company or in any other way attempt to investigate, tamper with and/or discover the source code and/or the structural framework and/or the principles on which the information is based except as expressly permitted under mandatory applicable law.
6.4 The Member is not entitled to change or remove any marks and notices concerning copyright, patents, trademarks or other rights placed on, applied to or otherwise implemented in the template or supplemental training materials.
7. Limitation of liability
7.1 The liability of either party is subject to the ordinary rules of Wyoming law, save for the exceptions and limitations as expressly set out in these Terms.
7.2 The Company will only be liable for the service as outlined in section 1 and excludes liability for any other products, services, tasks or services provided by vendors/providers and/or agents acting on behalf of the Company. In no event will the Company be liable for the services, tasks or obligations to be performed by the Member and/or any third party.
7.3 The Company will not be liable for any direct, indirect, punitive or other damages or losses including, without limitation, damages for loss of profits, business interruption, loss of data or the restoration thereof, product liability or personal injury arising out of the use of or inability to use the Product or data, including, but not limited to, business interruption, lost business or lost profits or savings. The aforesaid exclusions and limitations apply irrespective of whether such damages or losses are caused by acts or omissions by the Company attributable to the Company as negligent (including both gross and simple negligence) or incidental.
7.4 As regards loss of data, the sole liability of Mighty Networks and can be found in their terms of service at this link: https://www.mightynetworks.com/terms-of-use
7.5 A party will not be liable for non-performance of its obligations (other than failure to pay any amounts due) in the event that a situation arises beyond its reasonable control including failure or breakdown of telecommunications networks and lines, regulations by government authorities, lock-outs, strikes, infrastructure breakdowns, natural disasters, epidemics, pandemics, acts of terrorism, fires, floods, storms, fire storms, sabotage, vandalism, damages caused by computer virus, hacking, war, civil wars, riots, nuclear disaster etc. which such party did not take into account prior to the execution of these Terms unless the other party (except if performance is de facto impossible) agrees to compensate the affected party for any additional costs incurred as a consequence of a situation beyond such party’s reasonable control.
8.1 All confidential information received by either party from the other party must be held in complete confidence by the receiving party and its directors, employees, advisers or representatives, and must not without the prior written consent of the Company be used for any purpose other than in connection with the fulfillment of the service agreement.
8.2 Confidential information does not include information which (i) has already passed into the public domain other than through breach of this confidentiality obligation; (ii) has been received from an independent third party other than through breach of a confidentiality obligation; or (iii) the Customer can demonstrate has been independently developed by that party prior to disclosure.
8.3 All advertising, press releases, public announcements and public disclosures by a party relating to the service must be approved by both parties prior to release to any third party. This clause does not prevent a party from making such press releases, public announcements or public disclosures as may be required by law or otherwise are reasonably justified to protect a party’s legitimate interests.
9. Governing law and venue
9.1 The Customer’s agreement, including these Terms, is governed by United States law.
9.2 Any dispute between the Company and the Customer arising out of the service and the Terms will be subject to the jurisdiction of the ordinary courts of Wyoming, at the Company’s then-current venue.