Philips SpeechLive Subscriptions Supplied and Supported in Australia by VoiceX
Philips SpeechLive • Subscription Terms
These terms apply to Philips SpeechLive subscriptions, licences, modules and related subscription services supplied by VoiceX Communications Pty Ltd in Australia.
These SpeechLive Subscription Terms and Conditions are additional to the general VoiceX Terms and Conditions. If there is any inconsistency relating specifically to a SpeechLive subscription, these SpeechLive Subscription Terms prevail.
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or other protection that cannot lawfully be excluded, restricted or modified, including applicable rights under the Australian Consumer Law.
At a glance
Important SpeechLive subscription terms
A quick guide to the main subscription conditions. Please read the complete Terms below, as this summary does not replace the numbered contractual provisions.
New subscriptions
- Minimum 12-month fixed term unless otherwise quoted.
- Payment upfront unless approved credit terms apply.
- May be changed or withdrawn before activation.
- Once activated, there is no change-of-mind or non-use cancellation during the fixed term.
Renewals
- VoiceX SpeechLive subscriptions do not automatically renew.
- VoiceX issues a renewal quotation before expiry.
- Renewal requires written Customer instruction.
- Renewal instructions may be withdrawn before the Renewal Date.
- Once the Renewal Date occurs, the new fixed Subscription Term has commenced.
Additional licences and modules
- Co-termed with the existing SpeechLive subscription.
- Charged pro-rata to the existing expiry date.
- Once activated, they cannot be removed for credit during the current term.
- Reductions can be made for the next renewal term.
Expiry
- If no renewal instruction is received, the subscription expires.
- Customers are responsible for downloading data they need to retain.
- SPS currently provides a 30-day post-expiry download period before relevant data may be permanently deleted.
These provisions are subject to any statutory rights or remedies that cannot lawfully be excluded.
Contents
Jump directly to a section or continue reading the complete terms below.
1. About these Terms
1.1 These Terms form part of the agreement between VoiceX Communications Pty Ltd ABN 98 728 171 911 ("VoiceX", "we", "us" or "our") and the customer identified in the applicable quotation, order, renewal instruction or invoice ("Customer", "you" or "your").
1.2 VoiceX is an authorised reseller and support provider for Philips SpeechLive. The SpeechLive platform is developed and operated by Speech Processing Solutions GmbH ("SPS").
1.3 These Terms apply to:
- SpeechLive subscription plans;
- SpeechLive user licences;
- Speech Recognition;
- SpeechLive AI Assistant products and modules;
- transcription or other SpeechLive services where supplied through VoiceX;
- additional users and subscription modules;
- renewals; and
- related implementation, onboarding and support supplied by VoiceX.
1.4 These Terms are additional to the general VoiceX Terms and Conditions. If there is any inconsistency relating specifically to a SpeechLive subscription, these SpeechLive Subscription Terms prevail.
1.5 Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or other protection that cannot lawfully be excluded, restricted or modified, including any applicable rights under the Australian Consumer Law.
2. Contract Documents and Order of Precedence
2.1 Your agreement with VoiceX may comprise:
- a. any written variation expressly agreed by VoiceX and you;
- b. the applicable VoiceX quotation or renewal quotation;
- c. these SpeechLive Subscription Terms and Conditions;
- d. the general VoiceX Terms and Conditions; and
- e. where applicable, the SPS End-User Licence Agreement, privacy terms, acceptable-use requirements and other SPS terms governing use of the SpeechLive platform.
2.2 The VoiceX quotation and these Terms govern the commercial relationship between VoiceX and the Customer, including:
- pricing;
- subscription term;
- activation;
- invoicing;
- payment;
- renewal;
- cancellation;
- licence additions and reductions; and
- VoiceX support.
2.3 SPS terms govern the Customer's and individual users' use of the SpeechLive software, platform and related SPS services.
2.4 SPS terms do not replace VoiceX's pricing, payment, renewal or subscription arrangements unless expressly agreed by VoiceX or required by law.
2.5 A purchase order issued by the Customer is accepted for ordering and administrative purposes. Any standard or additional terms printed on or incorporated into a Customer purchase order do not vary these Terms unless VoiceX expressly agrees to those variations in writing.
3. Orders and Authority
3.1 An order may be placed by:
- accepting a VoiceX quotation;
- completing and signing a VoiceX order or renewal form;
- issuing a purchase order;
- providing written instructions by email or other agreed written communication; or
- another method expressly accepted by VoiceX.
3.2 The person placing an order or providing renewal instructions represents that they are authorised to do so on behalf of the Customer.
3.3 VoiceX may rely on instructions provided by a person who reasonably appears to have authority to act for the Customer.
3.4 The Customer must promptly notify VoiceX if authorised purchasing, billing or administrative contacts change.
4. Subscription Term
4.1 Unless otherwise expressly stated in the applicable quotation, SpeechLive subscriptions are supplied for a minimum fixed term of 12 months.
4.2 A quotation may specify a longer fixed subscription term where agreed with the Customer.
4.3 The Subscription Term begins on the activation date for a new subscription or on the Renewal Date for a renewed subscription.
4.4 Subscription fees purchase the right to access and use the applicable SpeechLive services during the Subscription Term. Unless expressly stated otherwise, subscription fees are not calculated according to actual usage.
4.5 Each individual SpeechLive workflow user who requires a user licence must have an appropriate licence allocated in accordance with SPS licensing requirements.
5. New Subscriptions and Activation
5.1 New subscriptions are ordinarily activated on the commencement date requested by the Customer.
5.2 VoiceX may activate a subscription immediately following receipt of the Customer's order or written instruction where immediate activation has been requested.
5.3 A Customer may withdraw or change an order for a new subscription before the subscription has been activated, subject to any separately agreed implementation work or other services already performed.
5.4 Once a new subscription has been activated at the Customer's instruction:
- the fixed Subscription Term has commenced;
- the subscription cannot be cancelled for change of mind, non-use or changed business circumstances; and
- the full applicable subscription fee remains payable,
subject always to any rights or remedies that cannot lawfully be excluded.
5.5 Activation may require Customer information including user names, email addresses, account details, licensing requirements or other information reasonably required by VoiceX or SPS.
5.6 Delays caused by incomplete or incorrect information supplied by the Customer do not automatically extend the Subscription Term.
6. Trial Subscriptions
6.1 Trial Purpose
VoiceX may provide eligible Customers with temporary trial access to SpeechLive, Speech Recognition, AI Assistant modules or other SpeechLive functionality for evaluation purposes.
A trial is provided to allow the Customer to assess the suitability of the relevant SpeechLive services before purchasing a paid subscription.
6.2 Trial Period and Entitlements
The trial period begins when the trial account or relevant trial functionality is activated and ends on the date advised by VoiceX or displayed within the SpeechLive service.
The duration of the trial, number of users, available functionality, included Speech Recognition or AI usage, storage and other trial entitlements may vary depending on the product being evaluated and the trial conditions made available by Speech Processing Solutions GmbH ("SPS").
VoiceX may agree in writing to extend a trial period. An extension is discretionary and does not create any entitlement to further extensions or ongoing access.
6.3 No Automatic Conversion to a Paid Subscription
A SpeechLive trial does not automatically convert, renew or roll over into a paid subscription.
At the end of the trial, the Customer is under no obligation to purchase a SpeechLive subscription unless the Customer has separately placed an order or instructed VoiceX to activate a paid subscription.
To continue using SpeechLive after the trial, the Customer must expressly order the applicable paid subscription from VoiceX.
Once a paid subscription has been ordered and activated at the Customer's instruction, the fixed Subscription Term and payment obligations set out elsewhere in these Terms apply.
6.4 Trial Features and Limitations
Trial accounts may provide access to functionality, subscription levels, modules or usage allowances that differ from those ultimately purchased by the Customer.
The availability of particular trial features is determined by SPS and may be subject to usage limits or other technical restrictions.
The Customer should not assume that all functionality available during a trial will be included in the paid subscription it subsequently purchases.
VoiceX will identify the relevant paid subscription, licences and modules in its quotation.
6.5 Use of Trial Services
Use of SpeechLive during a trial remains subject to:
- these Terms where relevant;
- the applicable SPS End-User Licence Agreement;
- SPS privacy, security and acceptable-use requirements; and
- applicable laws and professional obligations.
The Customer is responsible for determining whether the trial service is appropriate for its intended use.
Where the Customer uploads confidential, personal, health, legal or other sensitive information during a trial, the Customer is responsible for ensuring that it has lawful authority to process that information using SpeechLive and that use of the service complies with its own privacy, confidentiality, regulatory and professional obligations.
Customers may wish to use test or de-identified information when evaluating functionality where use of live information is not necessary.
6.6 Speech Recognition and AI Trial Output
Speech Recognition, transcription and AI-generated outputs produced during a trial may contain errors, omissions or inaccuracies.
The Customer must review output appropriately before relying upon it or using it for professional, legal, medical, commercial or other decision-making purposes.
Trial access does not constitute a representation or guarantee that Speech Recognition or AI functionality will achieve any particular accuracy, productivity or business outcome.
Nothing in this clause limits any right or remedy that cannot lawfully be excluded.
6.7 Trial Support and Implementation
VoiceX may provide reasonable setup assistance, onboarding, training and technical support during a trial.
Unless otherwise agreed in writing, a trial does not include customised implementation, integration development, data migration, workflow development or other professional services outside VoiceX's normal trial assistance.
Additional services may be quoted separately where required.
6.8 Trial Expiry and Customer Data
When a trial expires, access to the trial account or particular trial functionality may cease.
The Customer is responsible for downloading or exporting any dictations, documents, transcripts or other information it wishes to retain before the end of the trial.
Any post-trial retention, deletion or recovery of information stored within SpeechLive is controlled by SPS and is subject to SPS's applicable policies and technical arrangements.
VoiceX does not guarantee that information contained in an expired trial account can be recovered after the trial ends.
Customers should therefore not rely on the trial account as a permanent repository for information.
6.9 Conversion to a Paid Subscription
A Customer may request conversion from a trial to a paid SpeechLive subscription at any time.
VoiceX will confirm the applicable:
- subscription plan;
- number of users;
- Speech Recognition or AI modules;
- pricing;
- Subscription Term; and
- commencement date.
The Customer must expressly accept the applicable VoiceX quotation or otherwise provide written purchasing instructions.
The paid subscription becomes subject to the fixed-term commitment described in these Terms once the paid subscription is activated at the Customer's instruction.
6.10 Suspension or Withdrawal of Trial Access
VoiceX or SPS may suspend or withdraw trial access where reasonably necessary because of:
- misuse of the service;
- a material security risk;
- breach of applicable SPS terms;
- unlawful use;
- technical or platform requirements; or
- circumstances where the trial service is no longer available.
Where reasonably practicable, VoiceX will advise the Customer of the reason for the suspension or withdrawal.
6.11 No Ongoing Right Created by a Trial
Providing a trial, extending a trial, providing trial support or allowing continued temporary access does not create an ongoing right to use SpeechLive without purchasing the applicable paid subscription.
Any paid subscription must be separately ordered and will be governed by the applicable VoiceX quotation and these Terms.
7. Renewal Process
7.1 SpeechLive subscriptions supplied by VoiceX do not automatically renew.
7.2 VoiceX will ordinarily provide the Customer with a renewal quotation or renewal notice before the current subscription expiry date.
7.3 Renewal requires an affirmative instruction from the Customer.
7.4 Renewal may be authorised by:
- completion of the VoiceX SpeechLive Renewal Form;
- purchase order;
- signed quotation;
- written email instruction; or
- another written method accepted by VoiceX.
7.5 Once renewal instructions have been received, VoiceX may issue the renewal invoice and arrange for the subscription to continue from the existing expiry date.
Withdrawal before the Renewal Date
7.6 A Customer may change or withdraw its renewal instruction at any time before the Renewal Date, provided the renewed Subscription Term has not commenced.
7.7 If a renewal invoice has already been issued and the Customer validly withdraws its renewal instruction before the Renewal Date, VoiceX will cancel or credit the renewal invoice. If the renewal fee has already been paid, VoiceX will refund the applicable renewal fee.
Once the renewal term commences
7.8 Once the Renewal Date occurs and the renewed Subscription Term begins:
- the renewal is effective for the full applicable Subscription Term;
- it cannot be cancelled for change of mind, non-use or changed business circumstances; and
- the full renewal fee remains payable,
subject to rights that cannot lawfully be excluded.
No renewal instruction
7.9 If VoiceX does not receive a valid renewal instruction by the subscription expiry date, the subscription will not be renewed through VoiceX.
7.10 The SpeechLive service may then expire automatically.
7.11 VoiceX is not responsible for loss of access resulting from the Customer failing to provide renewal instructions or payment by the required date.
7.12 A subscription that has expired may require reactivation. Reactivation may not be immediate and may be subject to then-current pricing, licensing arrangements and SPS processing requirements.
8. Subscription Fees, Invoicing and Payment
8.1 Subscription fees are set out in the applicable VoiceX quotation, renewal quotation or other written offer.
8.2 Prices are subject to GST where applicable unless expressly stated otherwise.
New subscriptions
8.3 Unless VoiceX has approved alternative credit terms, payment for a new subscription is required at the time of order and before activation.
Renewals
8.4 Once renewal instructions have been received, VoiceX will issue an invoice.
8.5 Unless approved credit terms apply, renewal payment must be received no later than the Renewal Date.
Approved credit terms
8.6 Where VoiceX has approved account or credit terms, payment must be made within those agreed terms.
8.7 Approved credit terms change only the date on which payment is due. They do not:
- shorten the Subscription Term;
- make the subscription a month-to-month arrangement;
- provide a cancellation right;
- make payment dependent upon usage; or
- allow the Customer to withdraw from a subscription after activation or renewal commencement.
8.8 Failure to pay an invoice does not constitute cancellation of a subscription or withdrawal of a renewal instruction.
8.9 If a Customer disputes an invoice, it must notify VoiceX promptly and provide reasonable details of the disputed amount. Any undisputed amount remains payable when due.
9. Additional Users, Licences and Modules
9.1 During an existing Subscription Term, the Customer may request additional:
- SpeechLive users;
- Speech Recognition licences;
- AI Assistant licences;
- modules;
- storage or service options; or
- other available SpeechLive subscription products.
9.2 Unless otherwise agreed, additional licences and modules:
- are activated when requested;
- are co-termed to the Customer's existing SpeechLive subscription expiry date; and
- are invoiced pro-rata for the remaining portion of the existing Subscription Term.
9.3 Once an additional licence or module has been activated, it cannot be removed for a refund or credit during the current Subscription Term merely because it is no longer required or used.
9.4 A Customer may request a reduction in licence quantity or removal of modules for the next renewal term.
9.5 Requests to reduce licences or modules should be provided before the Renewal Date so that the revised requirements can be included in the renewal.
10. Fixed-Term Commitment, Cancellation and Non-Use
10.1 SpeechLive subscriptions are fixed-term subscriptions and are not month-to-month services unless VoiceX expressly agrees otherwise in writing.
10.2 Once a new subscription has been activated, or a renewed Subscription Term has commenced, there is no right to terminate the subscription for convenience during that Subscription Term.
10.3 In particular, the following do not terminate the subscription or remove the Customer's obligation to pay:
- deciding not to use SpeechLive;
- reduced or infrequent usage;
- an employee leaving;
- changes in staffing levels;
- a user not logging into the service;
- failure to allocate all purchased licences;
- changes in workflow or business requirements;
- replacement of SpeechLive with another system;
- a decision to stop using a particular module;
- business restructure;
- budget changes; or
- the Customer otherwise deciding that the service is no longer required.
10.4 The subscription fee is payable for the right to access the service for the agreed Subscription Term, regardless of the Customer's actual level of usage.
10.5 Subject to any rights that cannot lawfully be excluded, VoiceX does not provide refunds or credits for unused portions of an activated Subscription Term.
10.6 Nothing in this clause limits the Customer's rights where the Australian Consumer Law or another applicable law provides a non-excludable right or remedy because of a failure in the services supplied.
11. Customer Responsibilities
11.1 The Customer is responsible for:
- ensuring that SpeechLive is suitable for its intended workflow and business requirements;
- providing accurate account and user information;
- managing authorised users;
- maintaining appropriate passwords and access controls;
- promptly removing or updating users whose access should change;
- maintaining suitable computers, devices, networks and internet connectivity;
- complying with applicable laws and professional obligations;
- ensuring it has lawful authority to record, upload, process or otherwise use any information entered into SpeechLive; and
- ensuring users comply with applicable SPS terms.
11.2 Customers handling confidential, personal, health, legal or other sensitive information remain responsible for determining whether their use of SpeechLive complies with their own legal, regulatory, professional and information-governance obligations.
11.3 VoiceX does not provide legal, privacy, medical-records or regulatory-compliance advice as part of the SpeechLive subscription unless expressly agreed as a separate professional service.
12. Speech Recognition and AI Services
12.1 Where the Customer subscribes to Speech Recognition, an AI Assistant or another AI-enabled SpeechLive function, the Customer acknowledges that automated and generative AI outputs may contain errors, omissions or inaccuracies.
12.2 Outputs may include transcription, summaries, drafting assistance, document generation, analysis or other AI-generated material.
12.3 AI-generated or speech-recognised output should be reviewed by an appropriately qualified person before being relied upon, distributed, filed, provided to a client or patient, or used for professional decision-making.
12.4 The Customer remains responsible for its final documents and for determining whether its use of AI functions is suitable for its intended purpose and complies with applicable professional, legal, regulatory and privacy requirements.
12.5 VoiceX does not warrant that speech-recognition or AI-generated output will be error-free or suitable for use without human review.
13. SpeechLive Platform and SPS Terms
13.1 SpeechLive is a third-party platform developed and operated by SPS.
13.2 Use of SpeechLive is subject to the applicable Philips SpeechLive End-User Licence Agreement and other SPS product, privacy, security and acceptable-use terms.
13.3 The Customer and its users may be required to accept SPS terms during account creation or activation.
13.4 VoiceX does not own or develop the SpeechLive platform and cannot independently control:
- platform functionality;
- software updates;
- product roadmaps;
- hosting infrastructure;
- vendor service interruptions;
- third-party integrations;
- security changes;
- SPS product changes; or
- discontinuation of SPS products or functions.
13.5 VoiceX will use reasonable efforts to assist Customers with SpeechLive issues and to escalate appropriate product or platform issues to SPS.
13.6 SPS may update its platform, functionality, licences or applicable user terms from time to time in accordance with its own terms and applicable law.
14. Data, Privacy and Security
14.1 VoiceX collects and uses Customer contact, billing, licensing, subscription and support information as reasonably required to supply and administer the service.
14.2 SpeechLive customer content, including dictations and associated files, is hosted and processed through the SpeechLive environment operated by SPS and its authorised service providers.
14.3 SpeechLive currently uses Microsoft Azure infrastructure and SPS publishes information regarding regional data hosting, encryption, privacy and security arrangements.
14.4 VoiceX does not independently host a separate copy of the Customer's SpeechLive dictation repository as part of the standard subscription service.
14.5 Where reasonably required to provide support, configuration, training or troubleshooting, VoiceX may request Customer authorisation to access relevant account information, configuration, screen content or other information necessary to investigate the issue.
14.6 The Customer should not provide VoiceX with access to sensitive information unless reasonably necessary for the requested support service.
14.7 Any support access authorised by the Customer will be used only for the relevant service or support purpose and handled in accordance with VoiceX's privacy and confidentiality obligations.
14.8 The Customer remains responsible for maintaining appropriate internal copies, exports or backups of information it is required to retain.
15. Expiry and Customer Data
15.1 When a SpeechLive subscription expires, the Customer may lose normal access to the service.
15.2 SPS currently provides a limited post-expiry period during which stored dictations may be downloaded.
15.3 At the date of these Terms, SPS states that where a SpeechLive subscription is cancelled or expires, stored dictations remain available for download for 30 days, after which relevant SpeechLive data may be permanently and irretrievably deleted by SPS.
15.4 The Customer is responsible for downloading or exporting any dictations, documents or other information it needs to retain before the applicable deletion deadline.
15.5 VoiceX does not guarantee that expired or deleted SpeechLive data can be recovered after the SPS retention period has ended.
15.6 VoiceX recommends that Customers commence any required export or backup process before expiry rather than relying on the post-expiry period.
16. Support
16.1 VoiceX provides first-line support for SpeechLive subscriptions supplied by VoiceX, subject to the scope of the Customer's subscription and any separate support arrangement.
16.2 Support may include:
- account and user setup assistance;
- basic configuration;
- troubleshooting;
- user guidance;
- onboarding or training;
- investigation of subscription and licensing issues; and
- escalation of appropriate product or platform issues to SPS.
16.3 Support hours, contact methods and target response times may be published by VoiceX from time to time.
16.4 Unless a written service-level agreement expressly states otherwise, any published response times are targets only and are not guaranteed resolution times.
16.5 Resolution may depend upon SPS, Microsoft, third-party software providers, internet services, Customer systems, security policies or other factors outside VoiceX's reasonable control.
16.6 VoiceX does not guarantee resolution of problems caused by unsupported environments, third-party software, Customer configuration, network restrictions, operating-system changes, unauthorised modifications or other matters outside VoiceX's reasonable control.
17. Suspension and Material Breach
17.1 VoiceX may suspend further services or support where an undisputed invoice remains materially overdue after reasonable notice has been provided.
17.2 Where reasonably practicable, VoiceX will provide the Customer with notice and an opportunity to remedy a material breach before taking further action.
17.3 VoiceX may also suspend or terminate the Customer's VoiceX-supplied services where reasonably necessary because:
- the Customer has materially breached these Terms and failed to remedy that breach after reasonable notice;
- continued supply would breach applicable law;
- continued use creates a material security risk;
- SPS requires suspension because of a material breach of its applicable platform terms; or
- the relevant SpeechLive product or service is permanently discontinued or can no longer lawfully or practically be supplied.
17.4 Suspension caused by the Customer's material breach does not automatically remove amounts already due or the Customer's payment obligations for an existing fixed Subscription Term.
17.5 If VoiceX is unable to continue supplying a prepaid SpeechLive service for reasons for which the Customer is not responsible, VoiceX will provide any refund, credit, replacement service or other remedy required by applicable law and may offer an alternative solution.
18. Overdue Accounts and Debt Recovery
18.1 Customers must pay invoices by the applicable due date.
18.2 Where an amount becomes overdue, VoiceX may contact the Customer by telephone or in writing and may issue payment reminders or a final notice.
18.3 Where an undisputed amount remains overdue after reasonable attempts to obtain payment, VoiceX may:
- suspend further discretionary services or support where lawful and appropriate;
- refer the debt to an external debt collection agency; or
- commence appropriate debt recovery proceedings.
18.4 To the extent permitted by law, the Customer may be required to reimburse VoiceX for reasonable external debt recovery costs actually and properly incurred in recovering an overdue amount.
18.5 VoiceX will conduct debt recovery activities in accordance with applicable law.
19. Consumer Guarantees and Statutory Rights
19.1 The Australian Consumer Law may provide Customers with guarantees, rights and remedies that cannot be excluded by contract.
19.2 Nothing in these Terms excludes, restricts or modifies those non-excludable rights or remedies.
19.3 Statements in these Terms concerning:
- fixed subscription terms;
- change of mind;
- non-use;
- cancellation;
- refunds;
- liability; or
- service limitations
operate only to the maximum extent permitted by law.
19.4 Where the Australian Consumer Law permits liability for a failure to comply with a consumer guarantee relating to services that are not ordinarily acquired for personal, domestic or household use to be limited, VoiceX's liability may, where fair and reasonable, be limited to:
- supplying the relevant services again; or
- paying the cost of having the relevant services supplied again.
20. Limitation of Liability
20.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
20.2 Subject to clause 20.1 and to the maximum extent permitted by law, VoiceX is not liable for indirect or consequential loss arising from or connected with use of SpeechLive, including loss of profit, revenue, opportunity, goodwill or anticipated savings.
20.3 VoiceX is not responsible for loss arising solely from:
- Customer failure to follow reasonable instructions;
- Customer failure to maintain appropriate backups;
- unauthorised account access caused by Customer credential management;
- unsupported hardware or software;
- Customer network or internet failure;
- third-party applications or integrations outside VoiceX's control;
- SPS or other third-party platform outages outside VoiceX's reasonable control; or
- use of AI or speech-recognition output without appropriate review.
20.4 Subject to any liability that cannot lawfully be limited, VoiceX's aggregate liability arising from or in connection with a SpeechLive Subscription Term will not exceed the total subscription fees paid or payable to VoiceX for the affected SpeechLive service during that Subscription Term.
20.5 The limitation in clause 20.4 does not apply to the extent that doing so would be prohibited by law.
21. Intellectual Property and Acceptable Use
21.1 Intellectual property rights in the SpeechLive platform, SPS software and related SPS materials remain the property of SPS or its licensors.
21.2 VoiceX does not transfer ownership of SpeechLive software or intellectual property to the Customer.
21.3 The Customer receives only the usage rights provided under the applicable subscription and SPS licence terms.
21.4 The Customer and its users must not:
- use SpeechLive for unlawful purposes;
- attempt unauthorised access to accounts, systems or data;
- introduce malicious software or code;
- infringe another person's intellectual property, privacy or other rights;
- circumvent licensing or security controls; or
- use the service in a manner prohibited by applicable SPS terms.
22. Confidentiality
22.1 Each party must take reasonable steps to protect confidential information received from the other party in connection with the SpeechLive subscription.
22.2 Confidential information may be disclosed where:
- required to supply or support the service;
- disclosed to an authorised supplier or service provider subject to appropriate obligations;
- required by law; or
- authorised by the other party.
22.3 This clause does not apply to information that is publicly available other than through a breach of confidentiality.
23. Events Outside Reasonable Control
23.1 Neither party is liable for delay or failure to perform an obligation to the extent caused by an event outside its reasonable control, except that this clause does not excuse payment of amounts already due.
23.2 Events outside reasonable control may include significant telecommunications failure, internet or cloud infrastructure failure, cyber incidents not caused by the affected party's failure to take reasonable precautions, natural disasters, government action, industrial disruption, widespread power failure or failure of a critical third-party service.
23.3 The affected party must take reasonable steps to minimise the impact of the event.
24. Changes to these Terms
24.1 VoiceX may update these Terms from time to time.
24.2 Unless required by law or agreed with the Customer, a new version of these VoiceX Terms will apply to:
- new subscriptions ordered after the new version takes effect; and
- future renewal terms commencing after the new version takes effect.
24.3 VoiceX will not rely on a general website update to retrospectively change the agreed price or fixed Subscription Term of an existing subscription.
24.4 Changes independently made by SPS to its software, platform, security requirements, EULA or product conditions are governed by SPS's applicable terms and may affect continued use of the SpeechLive platform.
25. Notices and Communications
25.1 VoiceX may send subscription, renewal, invoice, account, support and service communications to the email address supplied by the Customer.
25.2 The Customer must keep its billing, account-administrator and other relevant contact details current.
25.3 A renewal or cancellation instruction should be provided in writing so that both parties have a record of the instruction.
25.4 Notices concerning billing or renewal may be sent to: accounts@voicex.com.au
25.5 Technical support requests may be sent to: support@voicex.com.au
26. General
26.1 If a provision of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary or, if that is not possible, severed without affecting the remaining provisions.
26.2 A failure or delay by either party to exercise a contractual right does not waive that right.
26.3 Any special pricing, variation, service level or other departure from these Terms must be expressly agreed by VoiceX in writing.
26.4 These Terms, together with the documents identified in clause 2, constitute the agreement concerning the relevant VoiceX SpeechLive subscription.
27. Governing Law and Jurisdiction
27.1 These Terms are governed by the laws of Victoria, Australia.
27.2 Subject to any rights the Customer has to bring a claim in another jurisdiction under mandatory law, the parties submit to the jurisdiction of the courts and tribunals of Victoria.
27.3 Before commencing formal proceedings, the parties should, where reasonably practicable, first attempt in good faith to resolve any dispute directly.
27.4 Nothing in clause 27.3 prevents either party from seeking urgent relief, taking steps necessary to preserve a legal right, or pursuing an undisputed overdue debt.
28. Contact Details
VoiceX Communications Pty Ltd
ABN 98 728 171 911
Level 2, Suite 2
468 St Kilda Road
Melbourne VIC 3004
Australia
General enquiries:
info@voicex.com.au
Accounts and renewals:
accounts@voicex.com.au
Technical support:
support@voicex.com.au
Telephone:
1300 551 778
Questions about your SpeechLive subscription?
Contact VoiceX if you need help with a trial, new subscription, licence changes, renewal instructions, billing or technical support.