Speakfully Terms of Service
Welcome to Speakfully. Please read these Terms of Service (“Terms”) carefully before using Speakfully, as they are a legal agreement between you and HR Acuity, LLC (“HR Acuity,” “we,” “us,” or “our”). These Terms govern your use of Speakfully and impact your legal rights. If you do not agree with any of these Terms, you should not access or use Speakfully.
Use of our Services
HR Acuity grants you permission to use the Services only as set forth in, and subject to your compliance with, the terms of this Agreement. You acknowledge that the Services contain content and intellectual property owned or licensed by HR Acuity, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks and copyrights (the “Platform Content”). This Agreement does not convey any proprietary interest in or to any Platform Content or rights of entitlement to the use thereof except as expressly set forth herein. Subject to User’s compliance with this Agreement, HR Acuity grants User a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and download Platform Content solely in connection with User’s permitted use of the Services for User’s own behalf. You may not use Platform Content or related service marks or trademarks without the written consent of the relevant property holder. You shall comply with all applicable laws and regulations and refrain from violating any rights of HR Acuity or any third party in connection with your use of the Services. This Agreement does not grant you any rights to use the hracuity.net website, or any other features, content, or applications offered from time to time in connection with such website, including, without limitation, the HR Acuity On-Demand Application software, (collectively, the “Client Applications”). A separate written agreement will govern any such use of the Client Applications.
What is Speakfully and who can use it?
Speakfully is a platform that allows users to report potential workplace issues, like harassment or discrimination, to an organization that has a Speakfully subscription. Users are generally employees or contractors of the subscribing organization but may include other people who have witnessed or reasonably suspect potential employee relations issues at the organization. Organizations that purchase a Speakfully subscription from HR Acuity are able to view these submissions, provide updates, and request clarification through Speakfully.
Will my submission be anonymous?
It is your choice whether to provide your name and contact details to the organization. You may report concerns anonymously, however, you should be aware that your submission is provided directly to your organization, so depending on the level of detail you provide, your organization may be able to indirectly identify you (for example, if you provide peer names).
Does Speakfully collect information other than what I submit?
Speakfully may capture additional information that is not shared with your organization but is used to render Speakfully services or enhance performance. When you use Speakfully, we may send one or more cookies – small files – to your computer or other devices. We may be able to uniquely identify your browser with such cookies. We may also record certain information that your device sends or makes available whenever you use or access Speakfully, which may include your location, your device and its specifications, your referring page or service and URL, browser type and language, operating system specifications, pages viewed, the time you spend on each page, the order in which you view pages, the date and time of your use or access, the exit page or service and URL, application crashes, and similar information. If you have questions regarding the information about you that we process or retain, please contact us at support@speakfully.com.
How can I get an update on my submission?
If you provide your email in the “Get Updated” section after clicking Submit, then you will receive automatic notifications via email on any updates to your submission. This email is not shared with your organization and is used solely to convey these updates. Whether or not you provide your email, you will receive a unique Key upon completing your submission. When you access Speakfully online or call your organization’s Speakfully hotline, you will provide this Key and your password to get an update on your case. If you lose this Key, you will not be able to view this information and Speakfully will not be able to provide you with it.
Who owns Speakfully and the information I submit?
HR Acuity owns Speakfully, including the Speakfully website and our existing or future applications. Speakfully is protected by copyright, trademark, and other laws of both the United States and foreign countries. Your use of Speakfully does not give you any intellectual property rights in Speakfully. Subject to your compliance with these Terms, we grant you the right, solely as expressly permitted by these Terms and all applicable laws, to use Speakfully.
When you submit information via Speakfully or provide feedback to us about our services, you are granting HR Acuity an irrevocable, perpetual, worldwide license to use that information in accordance with these Terms and our Privacy Policy. In other words, we will not own the information you share, but we may use it, without any compensation to you, indefinitely, to provide our services to you and your organization and to improve Speakfully.
Are there any restrictions on how I can use Speakfully?
Speakfully may only be used to report concerns about your workplace. You do not need evidence of misconduct, and you can make submissions based on second-hand accounts or general concerns you may have. There are limitations on your use of Speakfully, though. The following uses of Speakfully are strictly prohibited:
- Using Speakfully for any purpose you know to be illegal;
- Using Speakfully to harass, threaten, demean, embarrass, extort, blackmail, retaliate against, or otherwise intentionally harm anyone;
- Submitting information you know to be false or fraudulent;
- Impersonating anyone or claiming you have an affiliation with the organization when you do not.
You also must limit the personal information you submit via Speakfully. For example, do not provide your (or anyone else’s) social security number, bank account number, mother’s maiden name, address, date of birth, or any other similarly sensitive personal information unless it is related to the subject of your submission.
Finally, Speakfully may also give you the option, depending on your organization’s subscription, to attach files. You may not submit any files that include pornographic content and/or may be harmful to children.
HR Acuity does not review the content you submit via Speakfully. We do, however, reserve the right to remove and/or not share with your organization any content that is submitted in violation of these restrictions.
Does HR Acuity make any guarantees about Speakfully?
HR Acuity makes commercially reasonable efforts to make Speakfully useful and easily accessible to you, but we do not offer certain guarantees.
First, Speakfully is provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied. TO THE EXTENT PERMITTED BY LAW, HR ACUITY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Second, HR Acuity does not provide any legal advice or assistance to Speakfully users, and we do not share any information you report via Speakfully with law enforcement or administrative agencies. If you feel unsafe at your workplace or need legal advice, please consult with an attorney or contact authorities as appropriate based on the situation.
GDPR Policy
If you make an anonymous submission, no personal data is processed by your organization or Speakfully. If you provide an email address or identifying information and are within the UK or EU, HR Acuity shall act as the processor of your personal information, if any. Any request to exercise your rights or further details about how your data may be used by your organization should be directed to your organization, the controller.
COPPA Privacy Policy
This COPPA Privacy Policy Notice (the “COPPA Policy”) only applies to children under the age of 13. Children may access distinct parts of Speakfully and its content by being provided access to Speakfully through their school or school district (“Educational Institution”).
Children may use many of Speakfully features, without providing us with personal information. However, some content and features may require us to collect certain information, including personal information, from them. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use Speakfully.
At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information.
You can review, change, or delete your child’s personal information by sending us an email at support@speakfully.com. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
Indemnity
To the extent permitted by applicable law, you agree to indemnify and hold harmless, and to defend at our option, HR Acuity LLC, its affiliates, officers, members, managers, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s’ fees) arising from: (i) your use of and access to Speakfully; (ii) your interaction with other Speakfully users; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your submission caused damage to a third party. This defense and indemnification obligation will survive termination of your use of and access to Speakfully.
Limitation of Liability
HR Acuity’s total aggregate liability to you for any claims arising out of or related to your use of Speakfully or otherwise under these Terms is limited to $500. This limitation on liability allocates risk between the parties and is a fundamental element of the basis of the bargain between you and HR Acuity.
How we will handle disputes
Please read these terms carefully, as they require you to waive certain legal rights.
Waiver of Jury Trial. YOU AND HR ACUITY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
Class Action Waiver. YOU AND HR ACUITY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE TO BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
The laws of the State of New Jersey will apply to these Terms and any claim, without regard to any conflict of law provisions. You agree that any legal action or proceeding between HR Acuity and you concerning these Terms, the Privacy Policy, or your use of Speakfully must be brought in the U.S. District Court for the District of New Jersey or a state court located in Morris County, New Jersey. You also agree to the personal jurisdiction of either of these courts for resolving any claims.
General Terms
These Terms constitute the entire agreement between you and HR Acuity concerning Speakfully. If any provision of these Terms or the Privacy Policy is unenforceable, the remaining terms will remain in effect. Our failure to enforce any aspect of these Terms will not constitute a waiver.
HR Acuity may transfer any of our rights and obligations under these Terms to others. This could occur if we change ownership or if otherwise required by law.
Contact Information
If you have any questions or suggestions regarding the user agreement, please contact us.
HR Acuity, LLC
23 Vreeland Rd #220, Florham Park, NJ 07932