SpeakForMe

Your Words, Your Way - Your Identity, Your Call

Terms and Conditions

Welcome to our Terms and Conditions page. By using our services, you agree to the following terms

Effective Date: 20th February 2025

Welcome to SpeakForMe by Cogitatio Limited ("we," "us," "our"). These Terms and Conditions ("Terms") govern your use of our message delivery service ("Service") and apply to all users, including customers who send messages ("Sender") and recipients ("Recipient"). By using our Service, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Definitions

In these Terms and Conditions, unless the context requires otherwise:

2. Description of Service

We provide a message delivery service, allowing individuals or organizations to send messages to a designated Recipient on their behalf. Our Service includes the delivery of messages through various methods, such as:

2.1 Message Delivery Features

We offer the option for anonymity for Senders who prefer not to reveal their identity, and we provide different message tones, including:

You may customize your message delivery by selecting the preferred method and tone. Additional charges may apply for certain delivery methods or special instructions.

2.2 Recipient Types and Delivery Charges

Senders can choose from various Recipient types based on the nature of the Recipient and the complexity of delivery. Each Recipient type incurs different charges depending on factors such as safety, distance, security, and accessibility. The Recipient types include:

2.3 Delivery Charges

Delivery charges will vary based on the selected delivery method, urgency of message and Recipient type. Higher fees may apply for:

Charges will be clearly communicated before the message is dispatched. We reserve the right to modify delivery charges based on circumstances and operational requirements.

2.4 Recipient Response Option

Senders may opt to request a response from the Recipient following message delivery, subject to additional charges. If selected, we will attempt to obtain the Recipient’s response and relay it to the Sender. We will wait up to 48 hours from the time of delivery for the Recipient to respond. If no response is received within this 48-hour period, no further action will be taken.

2.4.1 Response Format and Limitations

The Recipient’s response, if provided, will be relayed to the Sender in electronic form (e.g., text, or audio recording ). We do not guarantee the content, tone, length, or quality of the response, nor do we edit or interpret it unless explicitly requested by the Sender (subject to additional fees). A response is considered fulfilled once the Recipient provides any acknowledgment or reply, including a refusal to engage further. We are not responsible for incomplete, vague, or unsatisfactory responses from the Recipient.

2.5 Message Length and Complexity Limits

Messages submitted for delivery are subject to reasonable length and complexity limits, which vary by Delivery Method (e.g., 500 characters for SMS, 2 minutes for phone calls, 500 words for in-person delivery). We reserve the right to truncate messages exceeding these limits or charge additional fees for longer or more complex messages, such as those requiring multiple delivery attempts or special formatting. If contact is provided, senders will be notified of applicable limits and fees prior to dispatch.

3. User Responsibilities

By using our Service, you agree to:

3.1 Content of the Message

The message being delivered must be lawful, appropriate, and not intended to cause harm, distress, or provocation to the Recipient. You agree that the content of the message is your responsibility, and any negative response or legal consequences resulting from the message, including but not limited to defamation, harassment, or personal harm, will be your sole responsibility.

3.2 Correct Recipient Information

You guarantee that the recipient information you provide (e.g., name, address, contact details) is accurate and up-to-date. We are not responsible for any issues that arise from delivering a message to an incorrect recipient, including but not limited to misdelivery, disputes, or claims.

3.2 Correct User Information

You guarantee that all the information you provide (e.g., name, contact details) is accurate and up-to-date. We are not responsible for any issues that arise from delivering a respose to an incorrect recipient, including but not limited to misdelivery, disputes, or claims.

3.3 Indemnification

You agree to indemnify and hold Us harmless, Our employees, officers, and affiliates from any claims, damages, legal costs, or liabilities arising from the content of the message, its delivery, or any related disputes.

3.4 Compliance with Laws

You agree to comply with all applicable local, national, and international laws and regulations when using our Service.

You may not use the Service for any unlawful purposes, including sending messages that are fraudulent, threatening, or violate any laws.

3.5 Accessibility of the Recipient

The Sender is responsible for ensuring that the Recipient can be accessed for delivery. This includes but is not limited to:

Failure to provide adequate access or instructions that result in failed delivery will not be our responsibility.

3.6 Sender Responsibility for Response Option

If the Sender opts for the Recipient Response Option, they acknowledge that the Recipient’s response (or lack thereof) may provoke unintended consequences, including but not limited to hostile, abusive, or legally actionable replies. The Sender assumes full responsibility for any outcomes, disputes, or damages arising from the Recipient’s response, and agrees that We are not liable for such consequences.

3.7 Prohibition on Misrepresentation

Senders may not use the Service to misrepresent their identity (beyond optional anonymity), impersonate another individual or entity, or provide false information intended to deceive the Recipient. Any legal or reputational consequences arising from such misuse are the Sender’s sole responsibility, and We reserve the right to terminate the delivery and pursue legal action if necessary.

4. Delivery and Employee Safety

4.1 Employee Safety

- We prioritize the safety of our employees during message delivery. You agree that if the message provokes a violent, abusive, or hostile response from the Recipient, you are responsible for any potential consequences and damages caused by the Recipient’s actions.

4.2 Self-Defense

- In the event of physical harm or threat to an employee, the employee is entitled to defend themselves. If a physical altercation occurs during delivery, we will take appropriate legal action to protect the rights and safety of our employees.

4.3 Delivery Environment Disclosure

Senders must disclose any known risks or hazards associated with the Recipient or delivery location (e.g., aggressive behavior, unsafe areas, or restricted access) when submitting a request. Failure to provide such information may result in delivery cancellation without refund, and the Sender will be liable for any harm or damages to our employees caused by undisclosed risks.

5. Payment Terms

5.1 Payment

-All payments must be made through accepted methods (e.g., M-Pesa, Airtel Money, credit cards,). Payment must be completed before delivery commences.

5.2 Refund Policy

-Refunds are not provided once a service is rendered. If a delivery error or content issue arises, contact us within [2] days. Refunds may be considered under exceptional circumstances at our discretion.

5.3 Late Payment or Non-Payment

If payment is not received or fails to process before delivery commences, We reserve the right to delay or cancel the delivery without liability. Senders will be notified of payment issues and given 24 hours to rectify them. Failure to complete payment within this period may result in cancellation of the request, and any preparatory costs incurred by Us may be charged to the Sender.

6. Force Majeure

We are not liable for delays or failures caused by circumstances beyond our control, including but not limited to:

6.1 Missed Calls

If the recipient is unreachable, ie does not answer a phone call, has their phone switched off or for whatever reason, within the delivery time frame chosen by the sender, we are not liable for the undelivered message. The sender will be notified of the unsuccessful attempt, and no refunds will be issued in such cases.

6.2 Refusal to Accept Message

If the recipient refuses to accept the message, regardless of the delivery method, we are not liable for the undelivered message. The sender will be notified of the refusal, and no refunds will be issued in such cases.

6.3 Incorrect or Incomplete Recipient Information

If the sender provides incorrect or incomplete recipient information, resulting in failed delivery, we are not liable for the undelivered message. The sender will be notified, and additional fees may apply for subsequent delivery attempts.

6.4 Recipient Unavailability

If the recipient is unavailable to receive the message (e.g., no answer for in-person delivery, unreachable by phone or email), we are not liable for the undelivered message. The sender will be notified, and no refunds will be issued in such cases.

6.5 Delivery Attempts and Retrying

Our Service includes one delivery attempt per method. Additional attempts may incur extra charges, which will be communicated to the sender before proceeding.

6.6 Technical Failures

In the event of technical failures, such as server downtime or network issues, we will make reasonable efforts to resolve the issue and complete the delivery. However, we are not liable for delays caused by such failures.

6.7 Third-Party Interference

We are not liable for delays or failures caused by third-party actions, such as network providers or intermediaries. Any disputes involving third parties will be handled directly by the sender.

6.8 Social Media Privacy Restrictions

If the Recipient's social media account settings prevent us from contacting them (e.g., private accounts, restricted DMs, or blocked messages), we are not liable for non-delivery.

6.9 Failure to Answer Calls or Messages

If the Recipient does not answer calls, has their phone switched off, or does not respond to messages within the delivery timeframe, we are not responsible for the undelivered message.

6.10 Inability to Access Secure Locations

If the Recipient is in a restricted or high-security location where access is denied (e.g., military base, embassy, private estate), we are not responsible for failed delivery.

6.11 Blocked Communication

If the Recipient has blocked our contact methods (phone, email, social media), the message will be considered undeliverable, and no refund will be issued.

6.12 Recipient's Refusal to Accept the Message

If the Recipient refuses to accept, read, or acknowledge the message, our obligation is considered fulfilled, and no refunds will be issued.

6.13 Third-Party Interference

If a third party (such as security personnel, receptionists, assistants, or family members) prevents the message from reaching the Recipient, we are not responsible for non-delivery.

6.14 Recipient Response Delays

If the Sender has opted for the Recipient Response Option and the Recipient fails to respond within 48 hours of message delivery, we are not liable for the lack of response. We will not contact the Recipient again regarding the same message unless the Sender requests an additional attempt (subject to extra charges). No refunds will be issued for the Recipient’s failure to respond within the specified timeframe.

7. Amendments to Message Content

Once submitted, message content cannot be amended. Any changes will require a new delivery request and may incur additional fees.

8. Dispute Resolution and Governing Law

8.1 Governing Law

These Terms shall be governed by the laws of Kenye, without regard to its conflict of law principles.

8.2 Dispute Resolution

Any disputes or claims arising out of or in connection with these Terms shall first be resolved through mediation. If the dispute cannot be resolved through mediation, it shall be submitted to arbitration. The venue for arbitration shall be at Our Head Office in Nairobi.

9. Liability

9.1 Limitation of Company Liability

We are not liable for any damages, complaints, or legal claims arising from the content of the message, the Recipient’s response, or any resulting events, including physical altercations, verbal abuse, or reputational harm.

9.2 No Liability for Hostile Reactions

The Company shall not be held liable for any adverse reactions, including violence or aggression, from the Recipient upon the delivery of the message. In such cases, the Sender shall bear full responsibility for any consequences.

9.3 Right to Pursue Legal Action

In the event of any damage to our Employee or property, or in the case of any legal claim arising from the message's content, the Company reserves the right to pursue legal action against either the Sender or the Recipient, or both, for damages, including but not limited to personal injury, defamation, harassment, or any violation of applicable laws.

9.4 Accuracy of Delivery

We are not liable for issues arising from the failure to deliver the message due to inaccurate recipient information or other logistical issues, including misdelivery, refusal, or failure of the recipient to accept the message.

9.5 Delivery to a Company or Entity

- If the message is intended for a company or legal entity, the Sender guarantees that the message is appropriately directed to the correct individual within the organization and that the message is relevant to that individual or the company. The Sender acknowledges that the company or entity may reject or dispute the message, and we is not liable for any disputes or claims arising from such situations.

9.6 Accuracy of Sender’s Provided Information

The Sender is responsible for ensuring the accuracy of all contact details and access instructions provided. We are not liable for any misdelivery or failed attempts caused by incorrect information.

9.7 Technical Failures Beyond Our Control

If message delivery is delayed or disrupted due to network outages, platform restrictions, or email service failures, we are not liable for the delay or non-delivery.

9.8 Limitation on Consequential Damages

To the fullest extent permitted by law, We shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our Service, including but not limited to loss of profits, business opportunities, or goodwill, even if advised of the possibility of such damages.

10. Data Protection and Privacy

We are committed to protecting your personal information and ensuring that it is used responsibly. This section outlines how we collect, use, store, and protect your data in relation to our Message Delivery Service.

10.1 Collection of Personal Data

In order to provide our Message Delivery Service, we collect certain personal data, which may include:

By using our Service, you consent to the collection of the above-mentioned data for the purpose of providing the service and fulfilling our obligations under this Agreement.

10.2 Use of Personal Data

We use your personal data for the following purposes:

We will not use your personal data for purposes other than those outlined here without your explicit consent.

10.3 Data Sharing and Disclosure

We do not sell or rent your personal data to third parties. However, we may disclose your data in the following circumstances:

10.4 Data Security*

We implement a range of technical and organizational measures to ensure the security of your personal data, including:

However, no data transmission or storage method is completely secure. While we strive to protect your data, we cannot guarantee absolute security.

10.5 Data Retention

We will retain your personal data only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. When we no longer need to retain your data, we will securely delete or anonymize it.

10.6 Your Rights

You have the following rights concerning your personal data:

To exercise these rights, please contact us using the details provided in the Contact Information section.

10.7 Cookies and Tracking Technologies

We may use cookies and other tracking technologies on our website or application to enhance your user experience. These technologies help us track usage patterns, remember user preferences, and optimize our website's performance.

You can control cookie settings through your browser settings. Please note that disabling cookies may affect your ability to use certain features of our website.

10.8 International Transfers

If you are located outside the country where our data servers are based, please note that your data may be transferred and processed in another jurisdiction. By using our Service, you consent to this transfer, subject to applicable data protection laws.

10.9 Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. When we make changes, we will update the "Effective Date" at the top of this page. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting your data.

11. Confidentiality

We do not disclose the contents of a message to third parties unless:

While we take reasonable security measures, we do not guarantee absolute confidentiality due to risks such as hacking, surveillance, or interception by third parties.

12. No Guarantee of Outcome

Our obligation is to attempt message delivery as per the agreed terms. We do not guarantee:

We are not liable for any losses, damages, or consequences arising from the Recipient’s reaction (or lack thereof) to the message.

12.1 No Guarantee of Delivery Confirmation

Unless explicitly agreed upon and subject to additional fees, We do not guarantee proof of delivery (e.g., read receipts, signed acknowledgments) beyond notifying the Sender of a completed submission. We are not liable for the absence of such delivery confirmation.

13. Right to Refuse Service

We reserve the right to refuse or cancel message delivery if the message:

13.1 Refusal of Recipient Response Option

We reserve the right to refuse the Recipient Response Option if we determine, at our sole discretion, that obtaining a response is impractical, unsafe, or likely to violate these Terms. This includes, but is not limited to, cases involving high-security Recipients, Recipients in restricted locations, or situations where prior delivery attempts indicate hostility or non-cooperation. If refused, the message delivery may still proceed without the response feature, or the entire request may be canceled with a refund for the response portion only.

14. Indemnification

The Sender agrees to indemnify and hold SpeakForMe, its employees, agents, and affiliates harmless from any claims, damages, liabilities, legal costs, or expenses resulting from:

15. Fair Use Policy

We may limit, suspend, or terminate service if we detect:

16. Modification of Terms

We reserve the right to modify or amend these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

17. No Waiver

Failure by Us to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other rights under these Terms.

18. Contact Information

If you have any questions or concerns about these Terms, our Service, or our privacy practices, please contact us at:

DM: @speakforme

Email: support@speakfome.co

Acknowledgment

By checking the box to agree to these Terms and Conditions, you acknowledge that you have read, understood, and consent to our data collection and usage practices as outlined in this Data Protection and Privacy Policy.

*Thank you for choosing SpeakForMe Message Delivery Service. We are committed to providing secure, reliable, and efficient message delivery tailored to your needs.*

Go back to the main page