These Terms and Conditions (“T&Cs) set out the terms on which the end user (“You”/”Your”/”Yours”) is granted a licence to access and use the spikizi app.

About Us

spikizi is a subscription based service and mobile application (“App”) owned by Carbon Global Ltd (Co. No. 10784684) whose registered address is at 84 Bridport Place, London, England, N1 5DS (“Us”/”We”/”Our”). We license the use of the App to You on the basis of these T&Cs and subject to any rules or policies applied by any appstore provider or operator from whose site You download the App. We do not sell the App to You and remain the legal and beneficial owner at all times.

Operating system requirements

To download the App You will require an Apple or Android Device with microphone and GPS capability, internet access and a minimum of 1GB of memory available. The minimum operating systems we support are iOS 13 and above for iOS and Android Lollipop. For Android devices, above 4GB of RAM is required.

You may also access the App via Our website https://spikizi.co and these T&Cs shall apply to the use of Your account in this manner.

Important notice: By downloading or using the App or clicking the accept button below you agree to these T&Cs and Our Privacy Notice which can be accessed here.

Agreed terms

1.1 These T&Cs apply to Your use of the App and any updates or supplements. If any open-source software is included in the App, the terms of an open-source licence may take precedence over some of the terms in these T&Cs.

1.2 We may change these terms at any time by notifying you of a change when you next start the App (or log in via the website). You may be required to read and accept them to continue Your use of the App and any continued use will be governed by any such changes.

1.3 From time to time updates to the App may be issued. Depending on the update, you may not be able to use the App until You have downloaded the latest version and accepted any new terms (or in the case of access via the website in which case the updates will be automatic and You will be deemed to have accepted any new terms by Your continued use of the App).

1.4 You will be assumed to have obtained permission from the owners of any mobile telephone or handheld device used by You to download and use a copy of the App.

1.5 By using the App, You accept that internet transmissions are never completely private or secure. Whilst messages and information You send is encrypted You understand that any such message or information may be read or intercepted by others.

1.6 The App may contain links to other independent third-party websites not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any such websites.

Licence

2.1 In consideration of you agreeing to abide by these T&Cs, we grant you a non-transferable, non-exclusive licence to use the App. We reserve all other rights.

2.2 You may download the App onto an Apple or Android Device and view, use and display the App on the device for your personal purposes only.

2.3 When You register for an account to access the App You will be asked to select the type of subscription You require (standard: quarterly subscription/yearly subscription; incognito: yearly subscription) and You agree to pay all fees associated with the type of subscription you select.

2.4 Additional fees are payable within the App if You wish to purchase the in-App currency called Karma.

2.5 Karma can be used to:

• (a) purchase the right to request recordings (“shout outs”); and
• (b) to obtain in-App certification of the quality and authenticity of Your recordings but shall have no redeemable cash value outside of the App.
• 2.6 Karma may be earned from responding to “shout outs” by other users.

Licence restrictions

3.1 Except as expressly set out in these T&Cs you agree:

• (a) not to copy the App or any part of it except where such copying is incidental to normal use or is necessary for the purpose of back-up or operational security;
• (b) not to sub-license, loan, translate, merge, adapt, alter, vary or modify the App (or any part of it);
• (c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing to the extent that such restriction is allowed by law;
• (d) to include Our copyright notice on all entire and partial copies you make of the App on any medium;
• (e) not to provide or otherwise make the App available in whole or in part (including object and source code), in any form to any person without prior written consent from Us; and
• (f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

Acceptable use restrictions

4.1 You must:

• not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these T&Cs
• not act fraudulently or maliciously, hack into or insert any malicious code, virus, or harmful data, into the App;
• not infringe Our intellectual property rights or those of any third party in relation to Your use of the App;
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• not use the App in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users;
• not collect or harvest any information or data from the App or attempt to decipher any transmissions to or from the servers;
• not share any recordings (which can only be accessed once logged into your account in the App).
• To provide information legally required by law or to fulfil a contract.
• To provide benefits to users of our spikizi app.

Intellectual property rights

5.1 You acknowledge that all intellectual property rights in the App belong to Us or Our licensors.

5.2 You acknowledge that You have no right to have access to the App in source-code form.

5.3 By submitting recordings You grant Us a worldwide non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable licence to use, reproduce and distribute Your recordings in connection with the App. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your recordings. You also hereby grant to each other user of the App a non-exclusive licence to access Your recordings through the App.

5.4 By submitting “shout outs” You confirm that any script provided is not subject to any rights of confidentiality owed by You to a third party. We cannot accept liability for any breaches of confidentiality by another user who accesses any script to produce a recording for You.

Limitation of liability

6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

6.2 You acknowledge that all recordings provided, whether originating from Us or a third party, have been provided by other users and We do not warrant the quality of the recordings (save to the extent that the recording has been explicitly verified by Us) and We exclude all liability in respect of the accuracy, completeness or fitness for purpose of any recording.

6.3 The content in the App is provided for general information only. We accept no liability for any results of Your use of the recordings for voice training purposes and it is Your liability to select the correct recordings for Your purposes.

6.4 Although we make reasonable efforts to update the information in the App, we make no representations, warranties or guarantees, whether express or implied that the content of the App is accurate, complete or up-to-date.

6.5 You acknowledge that the information may be updated, altered or removed, from time to time, at any time, without notice to You.

6.6 We only supply the App for personal use. You agree not to use the App for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.7 We are only responsible for loss or damage you suffer that is a foreseeable result of Our breach of these T&Cs or our negligence up to the total subscription fee paid by You. We are not responsible for any unforeseeable loss or damage.

6.8 Nothing in these T&Cs seek to limit or exclude liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law.

Termination

7.1 We may terminate your account immediately by written notice to you:

• (a) if You commit a material or persistent breach of these T&Cs which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
• (b) if you fail to pay any subscription fees applicable to Your account.

7.2 On termination for any reason:

• (a) all rights granted to you under these T&Cs shall cease;
• (b) you must immediately delete or remove the App from all devices, and immediately destroy all copies of the App in your possession, custody or control and certify to Us that you have done so.

Notices

8.1 All communication to Us (including any notices) shall be sent to Our registered address at the top of these T&Cs.

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address You provide to Us in Your request for the App.

Force Majeure

9.1 We will not be liable for any failure to perform, or delay in performance of, any of Our obligations under these T&Cs that is caused by any act or event beyond Our reasonable control, including failure of public or private telecommunications networks.

9.2 In the event of any failure or delay in performance for reasons out of Our reasonable control our obligations under the T&Cs will be suspended and the time for performance of Our obligations will be extended for the duration of the events outside Our control or We may elect to terminate Your account.

Non-assignment/novation

10.1 We may assign or otherwise novate Our rights and obligations under these T&Cs to a third party.

10.2 You may not transfer your rights or obligations under these T&Cs to any other person.

Non-waiver

11.1 If we fail to insist that you perform any of Your obligations under these T&Cs, or if We do not enforce Our rights against You, or if we delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations.

Severability

12.1 Each of the conditions of these T&Cs operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Applicable Law and Jurisdiction

13.1 These T&Cs shall be governed by, and construed in accordance with, the laws England and Wales.

13.2 The parties agree and consent to the exclusive jurisdiction of the courts of England and Wales.