Terms and Conditions
Updated October 1, 2019
These Terms and Conditions ("Terms", “Agreement”) govern your relationship with VoxRec website https://www.voxrec.net and the mobile application (together the "Service") operated by DeepSine Limited ("us", "we", or "our").
The terms “you,” “your,” “yourself” shall also include your employees, agents, business representatives and any other individuals that you provide access to the Service through your Account (as defined below). You are responsible for ensuring that all persons who access the Service through your account are aware of these Terms and comply with them.
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
These Terms govern your access and use of the Service. By accessing or using the Service, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and DeepSine Limited. If you disagree with any part of the terms then you may not access nor use the Service.
You represent that you are legally able to accept these Terms, and affirm that you are of legal age to form a binding contract. DeepSine Limited’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement. The Service is not intended for and should not be used by anyone under the age of 18. By using the Service, you represent and warrant that you meet the foregoing eligibility requirements.
DeepSine Limited reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Use of the Service
Our Service uses speech and voice recognition technology to transform voice conversations into text. The Service also enables you to share conversations and associated transcripts with others via services like email or other text communications.
We will make the Service available to you. You are responsible for making all arrangements necessary for you to have access to the Service, including high-speed internet.
Rules of Conduct
These are the rules of conduct that you must follow when you use the Service:
You must not use the Service in any way that violates any applicable federal, state, local, or international law or regulation;
You must not infringe upon or violate our intellectual property rights or the intellectual property rights of others;
You must not collect information from our Service using an automated software tool or manually on a mass basis;
You must not use automated means, or gain unauthorized access to our Service or to any account or computer system connected to our Service;
You must not obtain, or attempt to obtain, unauthorized access to our Service;
You must not use the Service in any manner that could disable, overburden, damage, or impair our Service;
You must not circumvent or reverse engineer our Service;
You must not manipulate or forge identifiers in order to disguise the origin of any information sent to our Service or otherwise provided to us;
You must not impersonate or attempt to impersonate DeepSine Limited, a DeepSine Limited’s employee, another user, or any other person or entity;
You must not introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
You must not spam, phish, pharm, pretext, spider, crawl, or scrape on our Service nor by using our Service;
You must not engage in any other conduct that interferes with anyone’s use or enjoyment of the Service, or which, as determined by us, may harm DeepSine Limited or users of the Service or expose them to liability.
You and others that you record are solely responsible for any content that becomes part of the Service Personal Data (as defined below). If you record through or upload on to the Service materials, recordings, videos, or files (“Service Personal Data”), you affirm, represent, and warrant that any processing of such data by DeepSine Limited will not violate any applicable laws or regulations, and that such content shall not, and you will not upload, transmit, or contribute anything that:
Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promotes sexually explicit pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Divulges another person’s or entity’s confidential or private information;
Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Contains any virus, malware, spyware or other harmful content or code, or materials that otherwise violate this Agreement.
The Service provides a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. It may be an offense in your jurisdiction to record other individuals without their prior written consent. It is your responsibility to follow applicable foreign, federal and local laws when using such features, including informing the participants in that their voice is being recorded. We absolutely do not condone the use of any of our Service for illegal purposes.
The use of the Service is done at your own discretion and risk and with the agreement that you will be solely responsible for Service Personal Data and the consequences of recording, submitting and processing Service Personal Data on or through the Service.
Monitoring and Enforcement
We may review conduct for compliance purposes. We are not responsible for the content of any of your materials, recordings, data, information, content, or files (“Service Personal Data”) or the way you choose to store or process any Service Personal Data on the Service.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms. We have the right to:
Remove any Service Personal Data;
Take any action with respect to any Service Personal Data that we deem necessary or appropriate in our sole discretion, including if we believe that such Data violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for DeepSine Limited;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; or
Terminate or suspend your access to all or part of the Service for any reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any data on or through the Service.
YOU WAIVE AND HOLD HARMLESS DEEPSINE Limited AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is uploaded to or sent to the Service, and cannot ensure prompt removal of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Ownership and Intellectual Property
The Service, including the website, apps and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by DeepSine Limited, its affiliates, licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. DeepSine Limited, its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Service. You must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Service unless explicitly authorized in these Terms or by the owner(s) of the materials.
We grant to customers a non-sublicensable, non-transferable, non-exclusive, limited license to use the Service in accordance with this Agreement and its intended purposes only. Except for allowing you to use the Service as set forth herein, you are not receiving any other license or any other rights, including intellectual property or other proprietary rights of DeepSine Limited. You understand that you have no rights to the Service or any other DeepSine Limited property except as indicated in these Terms. All of our rights not expressly granted by this license are hereby retained.
Customer retains all ownership rights in Service Personal Data. However, by transmitting, uploading or posting Service Personal Data on or through the Service, you hereby grant DeepSine Limited a worldwide, non-exclusive, royalty-free, license to access, process, copy, export, and display Service Personal Data, only as reasonably necessary (a) to provide, maintain and update the Service; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Service Personal Data as may be necessary to grant this license.
If you send us any feedback or suggestions regarding the Service, we may or may not use it. You grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you, the Customer.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your subscription management page or by contacting our customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize DeepSine Limited to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, DeepSine Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by DeepSine Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.
Accounts and Registration
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You are responsible for all activity occurring when the Service is accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your password or account information.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We have the right to disable your account, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by DeepSine Limited.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that DeepSine Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You may stop using our Service at any time. We may terminate or suspend your access to or ability to use any and all Service immediately, without prior notice or liability, for any reason whatsoever. In particular, we may immediately terminate or suspend your account if you are in breach of these Terms or if your account has been flagged for copyright infringement.
Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to DeepSine Limited or any third party.
Limitation Of Liability
To the fullest extent provided by law, in no event shall DeepSine Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In no event shall DeepSine Limited’s total liability for all damages under this agreement exceed the lesser of (i) The aggregated amounts you paid to DeepSine Ltd during the three month period immediately preceding the circumstances giving rise to the claim, or (ii) £500.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neither DeepSine Limited nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the foregoing, neither DeepSine Limited nor anyone associated with us represents or warrants that the Service, and any content or products therein will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Service, and any content or products therein will otherwise meet your needs or expectations. to the fullest extent provided by law, DeepSine Limited hereby disclaims any and all representations, warranties or guarantees of any kind, express, implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, noninfringement and fitness for a particular purpose.
DeepSine Limited may alter, suspend, add to, or discontinue the Service in whole or in part at any time for any reason, without notice or cost. We assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Service. We do not assume any liability for the failure to store or maintain any Service Personal Data, user communications, account information, or personal settings. The Service may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons.
You are solely responsible for any and all acts or omissions taken or made in reliance on the Service or the information contained therein, including inaccurate or incomplete information. You agree that DeepSine Limited has made no agreements, representations or warranties other than those expressly set forth in these terms.
You agree to defend, indemnify, and hold harmless DeepSine Limited, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your Service Personal Data, any use of the services, content and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification.
No waiver by DeepSine Limited of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DeepSine Limited to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms, together with our Privacy Notice, shall constitute the entire agreement between you and DeepSine Ltd concerning the Service.
If you have any questions about these Terms, please contact us [email protected]