TERMS OF USE
Last updated: May 3, 2020
- GENERAL
- Welcome to www.salsa-research.com (the "Website").
- The Website offers online speech and language analysis tools for the analyzing of individuals’ speech and language patterns. (the "Services").
- The Services are intended to assist speech and language therapists in their work and is not intended to replace a professional diagnosis and/or treatment.
- These terms of use (the "Terms") govern your ("you", "your" or "User") use of the Website or the Services. These Terms should be read carefully by you in their entirety prior to your use of the Website and/or Services. Please note that these Terms constitute a legally binding agreement between you and us, and that if you do not agree with any provision of these Terms, You shall immediately cease using the Platform. By using the Website, You agree to the Terms, as amended from time to time.
- These Terms incorporate our Privacy Policy and by agreeing to these Terms, You confirm that you also accept and agree to our privacy policy (You can review our Privacy Policy by clicking here).
- All content and services made available through the Website that were not made available as of the "Last Revised" date above, shall automatically be deemed to be effective when first made available through the Website.
- You are deemed to accept these terms of use (the "Terms") and conditions by any of the following: (i) selecting "I Agree" to these Terms; (ii) using the Website in any way; or (iii) browsing the Website; and thereby enter into a legal and binding agreement with SALSA Research Limited.
- DEFINITIONS
In these Terms, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them:
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- "The Company", "we", "us" or "our" means SALSA Research Limited, a company located at 3475130 Haifa, including any of its subsidiaries and controlling entities.
- "Services" means using the Platform for the purpose of analysing individuals’ speech and language patterns, such as in cases of disfluency, and the issuing of an analysis session report to the User via the Website.
- "Terms" means these Terms of Use including all subsequent amendments.
- "User," "you" or "your" means you and any other person or entity entering into these Terms with us or using the Services.
- ELIGIBILITY
- You are only entitled to use the Services, if you comply with all of the following:
- You are at least 18 years old;
- You have the right, authority and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms;
- You are certified to perform speech or language diagnosis; and
- You are not prohibited from using the Website and/or the Services pursuant to the laws of the country in which you reside or located while using the Website.
- We make no representations or warranties, express or implied, concerning the legality of the Website and/or the Services and/or of any person’s use of the Website and/or the Services, and we shall not be responsible for any illegal use of the Website and/or the Services by the User.
- You are only entitled to use the Services, if you comply with all of the following:
- YOUR PRIVACY
Protecting your privacy is very important to us. Your passwords (in encrypted form) and your private information will be stored and used pursuant to our Privacy Policy, which can be viewed here: https://www.salsa-research.com/infopage/2.
- REGISTRATION
- In order to use the Services, you will be required to register with us in order to open an account via the Website ("User Account") and complete the Website's registration process.
- In order to create a User Account, you will have to submit your email address and choose a unique password. In order to use the Services through the User Account, you will be required to verify your User Account by submitting your full name, telephone number and address.
- You shall be fully responsible to maintain confidentiality of your User Account and not transfer your User Account's details to third parties. The full responsibility for an unauthorized use of your User Account lies solely with you, and you will bear, alone, all responsibility derived of an unauthorized use of your User Account. If you misplace, forget or lose your User Account details, we shall not be liable for any direct or indirect loss associated with such occurrence. You may ask to reset your password using the email address provided by You during registration.
- It is your responsibility to keep your email address associated with your User Account up to date, so that we can communicate with you electronically. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic communication sent to you by us, because your User Account's email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications.
- In addition, when you create a User Account, you agree: (i) not to use or access a User Account other than your own; (ii) not to allow third parties to access your User Account; (iii) promptly notify us if you discover or otherwise suspect any security breaches or misuse related to your User Account.
- If, at our sole discretion, we take the view that you are in breach of any of the representations, warranties or undertakings set out in this Section 5, we reserve the right to immediately suspend your User Account. Termination is not the exclusive remedy for such a violation and we reserve the right to take further action against you.
- USE OF THE SERVICES
- In order to use certain parts of our Services you need to play a video of the subject whose speech and language are being analyzed via our designated player and follow the instructions on the screen. The video will not be uploaded to our servers, nor shared with us.
- It is your sole responsibility to obtain the subject’s consent prior to making the video or analyzing the video using our services.
- We do not retain the information you upload or fill out using our Services and the information is deleted at the end of each session. Once you close the webpage the information is deleted and not stored in the User Account. Therefore, it is your responsibility to save the information and the report generated prior to ending the session.
- We will retain statistical information regarding the speech impediments identified using our Services, as further elaborated in the Privacy Policy.
- We charge for our Services per use as detailed in our pricing policy and the Cancellation Policy, as dated from time to time.
- INTELLECTUAL PROPERTY
- The Website and the content contained therein including the Website design, drawings, diagrams, illustrations, photographs, pictures, text, graphics, etc. (the "Information"), are protected by copyright. The Information is the property of the Company, or third parties that have allowed the Company to publish the copyrighted Information on the Website. You must not change, copy, publish, distribute, broadcast, present, photocopy, issue a license, produce derivative works, or sell any part of the Information contained in the Website without the explicit written consent of the Company provided in advance. You acknowledge the existing copyrights in the Information and undertake not to make any commercial use of the Information or change or alter the Information or any part thereof. Any comments or suggestion you make to Us will also be deemed as Information and will be owned by Us. No rights in the Information shall be conferred to the user by virtue of such a comment or communication with Us.
- The trademarks, service marks and logos of the Company and others used in the Website (“Trademarks”) are the property of the Company and its respective owners. The software, algorithms, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on the Website, the Services and anything additional relating therein (“Materials”) belong to the Company. The Trademarks and Materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any Trademarks and/or any Materials on any other website or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- LINKS
- The Website may include links to internet websites that are not operated by the Company. These links are intended for the User's convenience only and the Company has no control over these internet websites and is not responsible for the content contained on these websites. The inclusion of links to other websites does not attest to the Company’s support of the content of these websites nor any other connection to these websites or their operators. The Company is not responsible for the proper functioning of the links. The Company is entitled at its own discretion to remove any link from the Website and/or add additional links.
- The User may link to the Website’s home page, provided the User does so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but the User must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s part where none exists. The Website must not be framed on any other website, nor may the User create a link to any part of the Website other than the home page. The Company reserves the right to withdraw linking permission without notice. The Website from which the User is linking must comply in all respects with the content standards set out in these Terms.
- USER CONDUCT
- You agree not to access or attempt to access the Website and/or Services and/or User Account by any means other than the interface provided by the Company or circumvent any access or use restrictions put into place by the Company to prevent certain uses of the Website and/or Services and/or User Account.
- You agree to use the Website and/or Services and/or User Account in good faith and in accordance with these Terms and not to use, or to encourage others or permit others to use, the Website and/or Services and/or User Account to:
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- access or use the Website and/or Services in any manner that could damage, disable, overburden, or impair any of the Company’s server or the networks connected to any of the Company’s server;
- intentionally or unintentionally interfere with or disrupt the Website and/or Services or violate any laws related to the access to or use of the Website and/or Services, violate any requirements, procedures, policies, or regulations of networks connected to the Website and/or Services, or engage in any activity prohibited by these Terms;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, the Services, User Account, passwords, servers, or networks connected to or accessible through the Website and/or Services and/or User Account or any affiliated or linked sites;
- disrupt, interfere with, or inhibit any other user from using and enjoying the Website and/or Services or other affiliated or linked sites, platforms or content;
- reproduce, sell, trade, resell or exploit for any commercial purpose, any use of the Website and/or Services and/or User Account, or access to the Website and/or use of the Services and/or User Account;
- defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- engage in any other conduct which, in the Company’s sole discretion, is considered inappropriate, unauthorized or objectionable;
- use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Website and/or Services and/or User Account without our express prior written permission (we may use robot exclusion headers within the Website and you agree to comply with any such headers);
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Website and/or Services and/or User Account, except to the limited extent that applicable laws specifically prohibit such restrictions;
- post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam;
- forge any TCP/IP packet header or any part of the header information in any email or posting, deceptive or false source-identifying information;
- mirror or frame any part of the Website and/or Services and/or User Account on any other website;
- use any meta-tags or other hidden text or metadata containing any of the Company’s Trademark, Materials, URL or name without our express prior written permission;
- use any of the Company’s Trademark, Materials, URL, name or logo in any way that incorrectly suggests our affiliation with or endorsement of any person, entity or service; or use any other trademarks, service marks, trade dress, designs or logos that are confusingly similar to any of the Company’s Trademark, Materials, name or logo or to the look and feel of the Services and/or User Account; or
- assist or encourage any third party to do any of the above activities prohibited in this section or to otherwise violate any term of these Terms or the Privacy Policy.
- In addition, you agree to comply with all applicable laws, regulations, and ordinances as a condition of use of the Website and Services.
- In order to permit us to protect the quality of our services, you hereby consent to our employees and representatives being able to access your User Account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Website and/or Services and/or User Account. Your use of the Website and/or Services and/or User Account is subject to all applicable local, state, national and international laws and regulations. Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Website, and paying all charges related thereto.
- You agree not to use the Website and/or Services and/or User Account for any unlawful activity and the Company reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, the Company reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
- DISCLAIMER
THE USE OF THIS WEBSITE AND/OR SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL DIAGNOSIS AND/OR TREATMENT.
BY A LICENSED SPEECH AND LANGUAGE THERAPIST. YOU ACKNOWLEDGE THAT THE WEBSITE AND/OR SERVICES ARE PROVIDED BY US FOR INFORMATIONAL PURPOSES ALONE AND UNDER NO CIRCUMSTANCES ARE INTENDED TO SUBSTITUTE OR REPLACE THE EXPERT ADVICE, CONSULTATIONS, DIAGNOSIS, OR TREATMENT OF SPEECH AND LANGUAGE THERAPISTS AND/OR DOCTORS AND/OR OTHER HEALTH CARE PROFESSIONALS. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY IS NOT LICENSED TO PRACTICE MEDICINE OR RENDER MEDICAL CARE OR MEDICAL ADVICE, INCLUDING WITHOUT LIMITING, IN THE AREA OF SPEECH AND LANGUAGE THERAPY, NOR IS THE WEBSITE AND/OR SERVICES DESIGNED FOR USE WITH EMERGENCY OR LIFESAVING SITUATIONS. YOU MUST ALWAYS SEEK THE PROFESSIONAL OR MEDICAL ADVICE OF A CERTIFIED SPEECH AND LANGUAGE THERAPIST OR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION, AND YOU MUST NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE AND/OR RELIED ON VIA THE SERVICES. NEITHER THE COMPANY, NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, ADVISORS, LICENSORS, CONTRACTORS, AGENTS, SUPPLIERS, SUBSIDIARIES AND/OR AFFILIATES SHALL BE LIABLE FOR ANY USE OF THE WEBSITE AND/OR FOR ANY SERVICES RECEIVED BY THE USER AND/OR USED BY THE USER TOWARDS ANY OF ITS SUBJECTS AND/OR THIRD PARTIES.
- LIMITATION OF LIABILITY
- the Company is not responsible for any error, omission, interruption, deletion, defect, third party hacking operations, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss that arises from these occurrences. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line, systems, servers, computer equipment, software failure of email on account of technical problems or traffic congestion on the internet or at any website. The Company shall not be responsible or liable to you in the event of systems or communications errors, bugs or viruses relating to the Website and/or the Services and/or the User Account or which will result in damage to your hardware and/or software and/or data.
- In no event shall the Company be liable for any direct, indirect, incidental, special, punitive or consequential damages or damages for loss of profits, revenue, data or use incurred by you or any third party, whether in an action for contract, tort or any other legal theory, arising from the access to, or use of, the Website, the Services, the User Account or otherwise, regardless of whether the damages are foreseeable and whether you had been advised of the possibility of such damages.
- In any event, the Company shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the Website and/or Services, and you and anyone using the Website and/or Services are invited to verify the information published on the Website and/or Services.
- The Company shall not be responsible or hold any liability for any actions or omissions of internet service providers or any other third party that provides you with access to the Website and/or Services. You hereby undertake not to hold the Company liable for any of your actions or the actions of any third party acting on your behalf in relation to the User Account and/or the use of the Website and/or Services, including but not limited to, with respect towards third parties engaged with you in any manner.
- You will use the Website, Services and User Account at your own risk, and the Company shall not be responsible for any damage or loss you shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services or User Account. The Company will not be responsible for any damage or loss you shall incur as a result of your use or reliance on the content of any website or application to which links appear on the Website and/or Services.
- It is hereby agreed that any claim and/or cause of action pertaining to the Website and/or Services and/or User Account must be filed by you or any other third party within six (6) months from the event giving rise to such claim and/or cause of action.
- THE WEBSITE AND/OR SERVICES AND/OR USER ACCOUNT AND/OR ANY CONTENT USED IN CONNECTION THEREWITH ARE PROVIDED "AS IS", AND THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE) IN RESPECT OF SUCH, INCLUDING BUT NOT LIMITED TO EXPRESS AND/OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, NON INFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY AND/OR OF APPLICABLE LAWS AND REGULATION, OR THAT THE WEBSITE, SERVICES, USER ACCOUNT AND/OR CONTENT USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE WEBSITE AND/OR SERVICES AND OR USER ACCOUNT.
- In no event shall the Company’s aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of and/or inability to use the Website and/or Services and/or User Account at any time exceed the amount of $200 (two hundred US Dollars) during the 6 (six) months immediately preceding the date of any claim giving rise to such liability.
- INDEMNIFICATION
- You agree to be fully, independently and personally liable for using your User Account and/or the Website and/or the Services with respect to any third party. As such, you must make sure that you are the only person with access to your User Account at all times.
- You shall indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms by you and/or anyone acting on your behalf, and any other liabilities arising out of: (a) your access and/or use of the Website and/or Services and/or User Account, or (b) a breach of any applicable laws or regulations, or (c) any unauthorized use of the Website and/or Services and/or User Account by you or any third party, and you shall be solely responsible for all losses, liabilities and damages incurred as a result of any illegal action performed by you and shall indemnify us for any such losses, damages and liabilities.
- SUSPENSION, TERMINATION, CANCELLATION AND SURVIVAL
- You may terminate your User Account at any time by sending us a written notice. however, Any such termination will be also subject to our Cancellation Policy as updated from time to time.
- All provisions hereof which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the above, the provisions of Sections 5.6, 7 (Intellectual Property), 8 (Links), 9 (User Conduct), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13 (Suspension, Termination Cancellation and Survival) and 14 (Miscellaneous) will survive termination of these Terms. Termination shall not affect any legal rights or obligations which may already have arisen under these Terms at the date of termination.
- MISCELLANEOUS
- These Terms and the relationship between you and the Company shall be governed by, construed and interpreted in accordance with, the laws of Israel, excluding its conflict of law rules, and you hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Haifa, with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms, the Website and/or Services and/or User Account.
- The Company may transfer or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under these Terms.
- Unless explicitly stated in these Terms, nothing herein shall: (i) be construed as creating any agency, arrangement, trust of fiduciary relationships or any similar relationship between you and the Company; (ii) create or confer any rights or benefits to any third party; and/or (iii) grant you any security interest in any asset of the Company.
- These Terms and any other terms and conditions referred to herein or incorporated by reference hereto, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede any and all prior agreement between you and the Company in relation to the same. You hereby confirm that, in agreeing to accept these Terms, you do not rely on any representation for any express representation made by the Company.
- The Company may provide you with notices with respect to or in connection with these Terms via Email and/or through the Website and/or Services.
- No failure or delay on the Company’s part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
- If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
- These Terms have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of these Terms of Use and the English language version, the meaning of the English language version shall prevail.