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General Terms and Conditions for Customers
(hereinafter: “Agreement”)

WHEREAS

Thespeech Zártkörűen Működő Részvénytársaság a limited liability company incorporated and registered in Hungary under registration number 13-10-041851 whose registered office is at 2049 Diósd, Vadvirág utca 6. Hungary, Tax No. 25579028 (hereinafter: “TS”) wishes to provide Service as defined below in accordance with the provisions of this Agreement.

THIS LEGALLY BINDING AGREEMENT GOVERNS THE METHOD OF THE PROVISION OF THE SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

  1. 1. Definitions
    • “Account” means the page on the Platform created during the registration, which is suitable for the identification of each Customer.
    • “Application” means the application through which TS is streaming the interpretation voice channels of the Event for the registered Users and downloadable from Google Play Store or App Store.
    • “Average Price” means the average of the fees provided by the Interpreters during the registration per language pairs.
    • “Civil Code” means the Hungarian Act V of 2013 on the Civil Code.
    • “Content” means the content of any and each Event provided by the Customer which is to be interpreted by the Interpreters.
    • “Copyright Act” Act LXXVI of 1999 on Copyright.
    • “Channel” means each and every “home page” which is opened by the Customer on TS’s platform in order to collect various Events.
    • “Customer” means any registered legal or other person who wishes to order the Interpretation Service through the Platform for its/his/her Event.
    • “Event” means the live happening of the Customer which was created on the Platform, and to which the Platform enables to the Interpreters to connect and provide Interpretation Service in accordance with the terms of this Agreement.
    • “General Terms and Conditions for Interpretation Services” means the agreement which has been made between each of the Interpreters and TS and which can be reached if you click on this [link].
    • “Interpreter” means any qualified registered person who provides live simultaneous interpretation service in different languages through the Platform pursuant to the terms of General Terms and Conditions for Interpretation Services.
    • “Interpretation Service” means the live simultaneous interpretation of the Content in different languages provided by any Interpreter and which is streamed by TheSpeech.
    • “Offer” means the bid of any Interpreter regarding the provision of the Interpretation Service for an Event. Each Offer shall be made for a time sloth.
    • “Platform” means the TS’ web-based service, where any Customer may create its Channel(s) and Event(s), and where Interpreters may register and provide their skills and qualifications, where the connection between the Interpreters and the Customers is established, and by which the voice channels of the Interpretation Service are streamed to the Users.
    • “TS`s Service” means the operation of the TheSpeech i.e. where the Customers can register various Events, and order Interpretation Services to the Events, an instrument which helps to establish the connection between the Customers and the Interpreters, and also the streaming the voice channels of the Interpretation Service.
    • “Technical Issue” means any issue arising from the defect of the Application and / or the Platform, for e.g.: any errors of the source code; etc.
    • “TheSpeech” means together the Platform and the Application.
    • “User” means any person who can reach the Interpretation Service through the TheSpeech.
  2. 2. The Purpose
    1. By accepting the terms of this Agreement, the Customer wishes to order the Service through the Platform in accordance with the provisions of this Agreement
  3. 3. Registration
    1. 3.1. The registration is required for using the TS`s Service.
    2. 3.2. The Customer hereby acknowledge, that after the registration the Customer will not be able to use the Platform automatically.
    3. 3.3. Your registration request will be forwarded to the representative of TS who will contact you regarding the identification of the Customer. TS is entitled to inspect the personal identification documents of the Customer and the persons acting on behalf of the Customer and to check those in state and other official registers (thus especially in any company registration records (including the records available on the EU e-Justice Portal), personal data and home address records, passport records). The Customer also acknowledges that TS shall keep records of the checks performed in such a way and shall store the data of the records for the period prescribed by the relevant Data Protection legislation. The Customer agrees to cooperate with TS in connection with fulfilling the identification obligation in every respect, and in the case of a breach of such obligation, TS shall be entitled to cancel your registration.
    4. 3.4. . If you fulfilled the requirements of the registration and other KYC requirements it is TS`s sole discretion to decide whether TS activates the Customer`s account. After TS activated your account the Customer will receive your username and password and the Customer will be entitled to use the Platform, create Events and / or Channels.
  4. 4. Events
    1. 4.1. If any Customer want to use the Interpretation Service it shall register an Event on the Platform.
    2. 4.2. During the registration of an Event the Customer shall provide
      • each and every language pairs on which the Interpretation Service shall be provided;
      • whether the Customer wishes to use its own Interpreters or the Interpreters of TS; and
      • the length of the Event.
    3. 4.3. If the Customer wishes to use the Interpreters of TS after the registration of the Event the relevant Interpreters (whose profile is matching to the language requirements indicated by the Customer) receive a notification about the Event and each Interpreter can make an Offer.
    4. 4.4. If any relevant Interpreter makes an Offer the Customer receive a notification about it and shall accept or refuse it. If the Customer accepts the Offer an agreement shall be established by the Customer and the Interpreter pursuant to the terms of the General Terms and Conditions for Interpretation Services.
    5. 4.5. By accepting this Agreement you undertakes that by accepting any Offer an agreement will be automatically established by the Customer and the Interpreter pursuant to the terms of the General Terms and Conditions for Interpretation Services.
    6. 4.6. Any of the Interpreters may cancel their Offer until 48 hours to the start of the Event freely. In this scenario the Platform will notify the relevant Interpreters again and a new Interpreter may give you an Offer and you may accept it. If the Interpreter cancel its Offer within 48 hours to the Event it shall pay the 50% of the price indicated in the Offer to TS.
    7. 4.7. Public or Private Events
      1. 4.7.1. Upon setting up an Event the Customer shall decide that such Event shall be considered as private or public Events.
      2. 4.7.2. If the Event is public, then any registered or non-registered Users can listen to the available interpretations of the Event through the TheSpeech.
      3. 4.7.3. It the Event is private, then only the people invited by the Platform can listen to the available interpretations of the Event.
    8. 4.8. The Events can be categorized freely by Channels. Before the first Event is created at least one Channel has to be created by the Customer also.
  5. 5. Fees
    1. 5.1. Set-up Fee
      1. The Customer shall pay a set-up fee per each created Channel to TS by the registered credit card.
    2. 5.2. Monthly Fee
      1. The Customer should pay a monthly operation fee per each created Channel to TS by the registered credit card.
    3. 5.3. Fees payable for each Event
      1. 5.3.1. Budgeted Amount
        1. Upon creating an Event the Platform shall count a budgeted amount. This amount is calculated by the number of Interpreters required by the Customer and their Average Price. This amount shall be blocked in favour of TS immediately after the registration of an Event on the Customer’s registered credit card. After the Event, TS will charge the actual set-up fee and settle it against the blocked amount. The actual set-up fee is based on the fees provided by the actual Interpreters whose interpretation service was ordered by the Customer.
      2. 5.3.2. Offered fee
        1. The offered fee will be charged automatically by TS if any of the Offers were accepted by the Customer.
      3. 5.3.3. Final fee
        1. The final fee payable after each Event is determined by the actual number of the Interpreters who provided Interpretation Service.
        2. And after the Event the final fee is determined regarding the actual number of the Interpreters who provided Interpretation Service. If any of the Interpreters cancelled its Offer or the Interpreter did not provide Interpretation Service despite the Offer you shall pay the 42.5% of the fee provided in the accepted Offer.
      4. 5.3.4. If the Customer wishes to use its own Interpreters, then TS will charge 15% of the average amount provided by the registered Interpreters.
    4. 5.4. Price list
      1. 5.4.1. The amounts and the details of the payment terms is determined by the [price list] as amended from time to time. If the condition list is amended the Customer shall receive a notification through the TheSpeech.
  6. 6. Interpreters
    1. 6.1. Through the registration the Interpreters shall provide the documents evidencing their skills and qualifications.
    2. 6.2. The Interpreters shall be responsible for having the appropriate skills and qualifications. If any legal entity registers on behalf of the Interpreters on the Platform such legal entity shall be responsible that the Interpreters are having the appropriate skills and qualifications.
    3. 6.3. If the Customer is using its own Interpreters they shall be registered by the Customer on the Platform and the Customer is only liable for their skills and qualifications and the quality of the Interpretation Service.
    4. 6.4. The Customer selects the person of the Interpreters by the accepting the incoming Offers. In order to ensure this right of the Customer TS shall provide all data of the Interpreters listed and uploaded to the Platform which are essential for the decision-making of the Customer.
  7. 7. Ratings
    1. After each Event you may give ratings about your opinion of the quality of the Interpretation Service. The given ratings shall reflect to the reality because poor rating shall cause the termination of the Interpreters` Account with immediate effect.
  8. 8. Intellectual property
    1. 8.1. In accordance with Section 1 (1) b) of Copyright Act the Customeris entitled to exercise any rights arising from copyright protection.
    2. 8.2. If the Customer creates an Event on the Platform which is protected by intellectual property, the Customer authorizes each Interpreter to provide their Interpretation Service and TS to provide the TS`s Service.
  9. 9. Representations and warranties
    1. 9.1. TS hereby represents and warrants that:
      • it is a duly incorporated and existing company in Hungary and the representative of TS is duly authorized to sign this Agreement;
      • it owns the Application`s source codes; and
      • it has the appropriate technical background to provide the Service.
    2. 9.2. The Customer hereby represents and warrants that:
      • if it is a legal entity or other organization:
        • it is a duly incorporated and existing company in its country of incorporation;
        • it has the right and authorization to register on the Platform and order and pay simultaneous interpretation services to any Events.
      • if it a natural person:
        • he/she is duly authorized to avail oneself of the Service;
        • he/she has the right and authorization to register on the Platform and order and pay simultaneous interpretation services to the Event.
  10. 10. Undertakings
    1. 10.1. TS hereby undertakes that it shall:
      • provide the Service;
      • not violate any of the Customer`s copyrights;
      • endeavour to collect Interpreters through their registration who are capable to provide simultaneous interpreter service;
      • ensure that the Application will work without any defect.
    2. 10.2. The Customer hereby undertakes that it shall:
      • not pretend to be anyone, or any entity, you are not — the Customer is / may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service participant, a TS employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (TS reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
      • pay the Fee to TS according to section 3;
      • select the Interpreters based on their Offers and/or use its own interpreters;
      • ensure that during the Event there will not be any logical or other defect;
      • any Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or defame any other person;
      • not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the TheSpeech or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
      • provide the documents (power of attorney, engagement contract or equivalent) proving its right if the Customer is acting on behalf of any third party;
      • upload the original link of the Event on the Platform;
      • not cancel the Event before 24 hours to the start of the Event;
      • not give instructions to the Interpreters anyway.
  11. 11. Disclaimer and Limitation of Liability
    1. 11.1. TS does not guarantee, represent, or warrant that the use of the TS`s Service will be uninterrupted or error-free.
    2. 11.2. TS is only liable for the defects arising from the Technical Issues. Regarding any other issues which affect the quality of the Interpretation Service TS shall not be liable.
    3. 11.3. TS hereby expressly excludes its liability regarding the Content provided by the Customer.
    4. 11.4. TS does not guarantee, represent, or warrant that the use of the TheSpeech will be uninterrupted or error-free, and you agree that from time to time TS may remove the Service provided through the Platform for indefinite periods of time, or cancel the TS`s Service in accordance with the terms of this Agreement.
    5. 11.5. The Customer expressly understand and agree that the TS`s Service is provided on an “as is” and “as available” basis. TS and its officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. in particular, TS and its officers, directors, employees, agents, partners and licensors make no warranty that (i) the TS`s Service will meet your requirements; (ii) your use of the TS`s Service will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the TS`s Service will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of the service will be corrected.
    6. 11.6. The Customer hereby explicitly accepts that TS may immediately cancel the streaming of the Interpretation Service if the Content is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable. In this case you shall pay the full actual fee for the Event.
    7. 11.7. TS hereby explicitly excludes its liability if any Interpreter cancel its Offer or does not provide the Interpretation Service despite its Offer.
  12. 12. Confidentiality
    1. 12.1. Each Party shall treat as strictly confidential all information received or obtained as a result of entering into or performing this Agreement which relates to: (i) the subject matter and provisions of this Agreement or any document referred to in or entered into pursuant to this Agreement; (ii) the negotiations relating to this Agreement and all documents referred to in this Agreement or entered into pursuant to this Agreement ((i) to (iii) together being “Confidential Information”).
    2. 12.2. The above section does not apply to disclosure of Confidential Information in case of the section 5 of Act LIV of 2018 on the Protection of Business Secrets
  13. 13. Preservation
    1. Hereby you acknowledge that TS preserves the audio material of the interpretation for one year period.
  14. 14. Notices
    1. 14.1. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the third day after mailing, if mailed to the party to whom notice is to be given to such party’s registered email address.
    2. 14.2. TS accepts the notices, requests, demands and other communications if they were made in English. If any notices, requests, demands and other communications were not be made in English you shall provide its English interpretation, otherwise it shall not be deemed as duly given.
  15. 15. Termination
    1. 15.1. Customer can terminate this Agreement in written with a 30 days’ notice period. At the last day of the termination period TS will disable the ability of the Customer to create new Events/Channels but shall keep the Customer’s Channels and Events in the archive for 1 year or as long as it is pre-agreed with the Customer.
    2. 15.2. Customer may create Events anytime. The Customer may cancel (or partly cancel) the any Event 48 hours before such Event free of charge. If Customer cancels partly or fully the Event within 48 hours to the start of the Event, the Customer shall pay a fee the budgeted fee determined in section 5.3.1 of the interpretation.
    3. 15.3. .If you fail, or the TS suspects that you have failed, to comply with any of the provisions of this Agreement, the TS, at its sole discretion, without notice to you may: (i) terminate your account and cancel your registration; and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Service (or any part thereof).
  16. 16. Partial invalidity
    1. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate this Agreement as a whole, but this Agreement shall be construed as though it did not contain the particular provision held to be invalid or unenforceable and the rights and obligations of the parties shall be construed and enforced only to such extent as shall be permitted by applicable law.
  17. 17. Governing law
    1. 17.1. This Agreement and all matters (including any contractual or non-contractual obligation) arising from or connected with it are governed by, and will be construed in accordance with, Hungarian law.
    2. 17.2. .Regarding any other question not regulated by this Agreement the provisions of the Civil Code shall prevail.
  18. 18. Amendments
    1. This Agreement shall be amended in writing with the mutual consent between the Parties.
  19. 19. Disputes
    1. Regarding any disputes arising from or in connection with the provisions of this Agreement the Central District Court of Buda and Székesfehérvár Regional Court shall have exclusive jurisdiction depending on the value of the claim.

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