By using or visiting the SpokenData website or any SpokenData products, software, APIs, data feeds, and services provided to you on, from, or through the SpokenData.com website (collectively the "Service"), operated by ReplayWell, s. r. o. ("we", "us", "ReplayWell, s. r. o.", or "SpokenData"), you ("you", "User", "End User") signify your agreement to these terms and conditions (the "Terms of Service"), and incorporated herein by reference. I agree that I'm at least 18 years of age.
If you do not agree to any of these terms, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://spokendata.com/terms. SpokenData may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, sounds, music, videos, audiovisual combinations, generated metadata, interactive features and other materials you may view on, access through, or contribute to the Service.
The Service may contain links to third party websites that are not owned or controlled by SpokenData. SpokenData has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SpokenData will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve SpokenData from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
The Service may be used to analyse audio or video content, coming from a direct upload from your computer, or a direct download, through a link to the video. This process is hereinafter referred to as "Audio analysis" process.
The Audio analysis process is a fully automatic process, no human is involved at anytime during the analysis.
Once the Audio analysis process is finished, you are provided with time-based information that describes your Audio. It is the "Speech to text", "Voice activity detection", "Text to audio alignment", and “Speaker Segmentation”, hereinafter referred to as "Generated metadata". SpokenData does not guarantee that there will be "Generated metadata" after the Audio analysis process. Some audios or videos can yield no result at all.
SpokenData has not released a commercial version of the Service, and the Service has not yet been tested like other commercially released services that you may use. Therefore, it is likely that the Service will contain errors, including errors that may cause the Service or your computer to malfunction or cause a loss of data. Furthermore, SpokenData is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to use of the Service.
To help SpokenData prepare the Service for commercial release, SpokenData is providing you with access to the Service so that you can test and evaluate the Service and provide feedback concerning the Service, including identifying potential errors and improvements ("Feedback"). You hereby grant SpokenData the unrestricted right to use your Feedback, including to use your Feedback to improve the Service and to create other products and services.
The copyright of the Generated metadata is the property of the User. No one else has the rights to publish them, including SpokenData. The User grants SpokenData the right to store the transcripts as part of delivery of the service and for the purpose of ongoing improvement to the service.
By uploading video or audio data files to the Service, the User:
To access features of the Service, you will have to create a SpokenData account. It's absolutely forbidden to use another's account without explicit permission. On account creation, you must provide accurate, up-to-date and complete information. You undertake to update this information in the event of any changes, so that they always fulfill the criteria set out above. You are solely responsible for the activity that occurs on your account, and you must keep your account password protected. You must notify SpokenData immediately of any kind of breach of security or unauthorized use of your account.
Although SpokenData will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SpokenData or others due to such unauthorized use.
The Service offers free and paid plans, which have different Audio Analysis capacity limits and fees (each a "Service Plan"). You will have the free Service Plan if you haven't chosen any Paid Services. We may charge fees for certain services ("Paid Services"). When you purchase any Paid Services, you authorize SpokenData to direct its third party payment processors or to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase. The price stated does not include any taxes that may be applicable in your country. If SpokenData does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and SpokenData may suspend your access to the Services. You may cancel your account at any time. All sales are final and SpokenData will not issue refunds, including for prepaid monthly fees, except as expressly provided in this Agreement.
By subscribing to the Paid Service the User authorizes SpokenData to charge his credit/debit card when the subscription is due for renewal. The SpokenData may choose not to accept an order for any reason. The price of the Paid Service shall be that stipulated on the Website at the time of ordering. The total purchase price, including VAT, will be displayed to the User prior to confirming the subscription.
After the order is received SpokenData shall confirm by email the details, description and price for the subscription plan to the user together with information on the right to cancel. If SpokenData is not able to fulfill the User's order for any reason, the credit card will be refunded.
Accepted Methods of Payment: Credit Card (Visa, Master Card)
Prices for the Paid Service may be revised by SpokenData, which undertakes to inform you of this change by any appropriate means one month before the new prices come into force.
The new prices apply as soon as they come into force.
If you does not accept the new prices, you must stop using the Paid Service and unsubscribe.
If you use the Service after the new prices have come into force, you are deemed to have accepted them.
SpokenData hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
In addition to the general restrictions above, you also are tied to the following restrictions in your use of the Content:
As a SpokenData account holder you may submit Content to the Service, including videos, audios or texts. You understand that SpokenData does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to SpokenData all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to SpokenData, you hereby grant SpokenData a worldwide, non-exclusive, royalty-free and sublicenseable license to use and prepare derivative works (collecting statistics and generating statistics models) of the Content in connection with the Service and SpokenData's (and its successors' and affiliates') business. You also hereby understand, that by assigning transcription to your annotator, you grant particular users of the Service a non-exclusive license to access your Content through the Service, as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video, audio or textual Content you submit to the Service terminate within 1 year or after you delete your videos or audios from the Service. You understand and agree, however, that SpokenData may retain, but not display, distribute, or perform, server copies of your videos, audios or texts that have been removed or deleted.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SpokenData all of the license rights granted herein.
SpokenData does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SpokenData expressly disclaims any and all liability in connection with Content. SpokenData does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and SpokenData will remove all Content if properly notified that such Content infringes on another's intellectual property rights. SpokenData reserves the right to remove Content without prior notice.
You can choose to stop using the Service any time. We reserve the right to suspend or end the Service at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you have not logged in for 1 year, you are not complying with these Terms of Service, or use the Service in any way that would cause us legal liability or disrupt others' use of the Service. In such case, we will try to inform you in advance and help you retrieve data, though there may be some case (repeatedly or flagrantly violating these Terms of Service, a court order, or danger to other users) where we may suspend immediately, without notice.
If you choose to terminate your Account, please click the Delete my account button in your account settings or send an email request to info@spokendata.com. Your access shall be effectively unsubscribed at most 15 (fifteen) days after this request, which automatically leads to the suppression of your Account.
We may revise these Terms of Service from time to time. The most current version will always be posted on our website (http://spokendata.com/terms). You agree to frequently visit these Terms of Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms of Service. If you do not agree to the new Terms of Service, please stop using the Service.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOKENDATA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SPOKENDATA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SPOKENDATA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPOKENDATA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL SPOKENDATA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SPOKENDATA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THESE TERMS OF SERVICE AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CZECH LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN CZECH COURTS, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
If you have any questions about the Terms and Conditions of your subscription please contact us before you commit to the purchase at email: info@spokendata.com.
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