Terms of Service
Last Updated on Jun 19, 2024
These Terms govern your use of 'Verbalscripts' services. They establish an agreement between you and Verbalscripts, Inc., regarding your use of our website (including www.verbalscripts.com), desktop or mobile applications, and related services. By accessing or using our services, you agree to abide by these Terms. You must be legally eligible to receive our services and at least 18 years old (or the age of majority in your jurisdiction). If using on behalf of an entity, you must have the authority to bind that entity. Our Privacy Policy outlines how we collect and use personal information.
Changes to Terms
We may occasionally update our Terms of Service. If there are significant changes, we'll notify you via email or other reasonable means and post the updated Terms on our platform. Your continued use of our services after receiving notice of changes indicates your acceptance of the updated terms.
To access certain features, users must register an account (Account). You agree not to share or transfer your Account, provide accurate information during registration, and keep your password secure. Notify us immediately of any unauthorized Account use. We're not liable for losses due to unauthorized Account access.
Account Profile: You can customize your Account profile and interaction with our services by adjusting settings. We'll use the email address in your Account for service-related notices and may send other messages like updates or special offers. You can opt out of marketing emails but may still receive administrative emails. Keeping your contact and billing info updated is crucial.
It is the responsibility of the Customer to ensure that their use of Verbalscripts' Services aligns with any specified limits outlined in the applicable Order Form. This includes safeguarding authentication keys and access tokens, restricting unauthorized access or use of the Services, and utilizing authentication keys or access tokens solely for the purposes granted under the Agreement. The Customer is accountable for all activity associated with authentication keys, access tokens, or their Account.
Orders for Services: Services can be acquired through our platform or, in some cases, via a mutually executed order form ("Order Form"). During the Term, Verbalscripts grants you a revocable license to access and use the Services as outlined in the Order Form. This includes installing and using our Apps on a device you own, as well as accessing relevant Documentation. Your execution of an Order Form is not contingent on future functionality or features.
Fees for Services are payable in U.S. dollars unless otherwise specified. You authorize Verbalscripts to charge your provided payment method for all applicable fees during the Term. Payment information must be accurate and authorized. Verbalscripts may use a third party for payment processing. Fees are non-refundable and may incur wire transfer fees, unless specified otherwise.
Verbalscripts may opt to invoice customers, with full payment due. Failure to make timely payments may result in service suspension. Unpaid invoices may incur a finance charge of 1.5% per month on outstanding balances depending on the agreement, or the maximum permitted by law. Disputed charges must be reported in writing within thirty (30) days of invoicing.
Services may have additional limitations, such as user or device restrictions, or content storage caps. We reserve the right to charge for excess usage on a prorated basis. Customers are responsible for all applicable taxes and fees, except for taxes based on our net income. Customers are also liable for accidental duplicate content uploads.
Customers have access to subscribed Services' functionality as of the Order Form's effective date. While we may enhance or modify Services, we won't materially reduce functionality during the agreed term. Pricing changes will be updated, with customers agreeing to updated fees upon continued use.
Our Services may integrate with or include third-party products, services, or links ("Third Party Materials"). We do not endorse or assume responsibility for Third Party Materials. Use of such materials is at your own risk, and our Agreement and Privacy Policy do not apply to third-party sites or services. We are not liable for any issues arising from third-party materials use.
Verbalscripts obtains a nonexclusive, worldwide license to use, modify, and distribute any content you provide ("Your Content") to facilitate Services, including maintenance and improvement of our offerings. You retain ownership of Your Content.
You are responsible for the accuracy and legality of Your Content. By providing Your Content, you affirm that you have necessary permissions and that it complies with all laws and regulations.
We reserve the right to remove any content that violates our policies or legal requirements, or for service improvement purposes. While we don't monitor all content, we may investigate and act upon violations as needed.
We reserve the right to remove any content that violates our policies or legal requirements, or for service improvement purposes. While we don't monitor all content, we may investigate and act upon violations as needed.
We adhere to all applicable data protection laws. If Verbalscripts processes Personal Data on your behalf, both parties will comply with our Data Processing Addendum.
As part of providing our Services, Verbalscripts may process personal information and data collected from Users, Customer employees, clients, and contractors ("User Data"). You grant Verbalscripts a license to use User Data to provide the Services, ensure data security, and enforce our rights under the Agreement.
We won't disclose or sell User Data except to fulfil our service obligations, comply with laws, with user consent, or as permitted by Data Protection Laws. We may share data with subcontractors under strict confidentiality agreements or when required by law.
You confirm compliance with Data Protection Laws regarding the collection and sharing of User Data. You won't submit User Data that violates our Prohibited Content policy.
We may collect and use aggregated and anonymized data related to the Services' performance. This data, known as anonymized data, doesn't contain personal information and won't be attributed to specific customers or individuals. We retain the right to use, analyse, and disclose anonymized data for various purposes.
You agree not to engage in activities such as using automated systems or software to extract content from the platform, interfering with or disrupting the functionality of the Services or the servers or networks connected to the Platform, or taking any action that negatively affects the ability of others to access or use the Platform.
You retain ownership of your content, including any copyrights, trademarks, or other intellectual property rights associated with your products and services, as well as any translations, transcriptions, or captions created through the Services.
If you provide any feedback, comments, questions, suggestions, or similar input about the Services, you grant Verbalscripts a worldwide, perpetual, revocable, royalty-free license to use the ideas, know-how, concepts, techniques, or other intellectual property rights contained in the feedback for any purpose, including improving and promoting the Services.
You acknowledge that any feedback provided is entirely voluntary and that it does not create any confidentiality obligation for Verbalscripts unless explicitly agreed upon in a separate written agreement
The Services' initial term commences on the specified start date in the Order Form and extends for the duration indicated in said Form (the "Term"). For subscription-based Services, termination before the Term's expiration is typically prohibited unless otherwise stated. Upon mutual agreement and payment of the relevant Fee, the Term may be renewed.
Verbalscripts reserves the right to suspend access to the Services if there is a good-faith suspicion of a violation of the Agreement or non-payment of Fees. If a Customer Account is suspended, associated User Accounts will be similarly affected.
Verbalscripts reserves the right to suspend access to the Services if there is a good-faith suspicion of a violation of the Agreement or non-payment of Fees. If a Customer Account is suspended, associated User Accounts will be similarly affected.
Upon termination or expiration of the Agreement, Verbalscripts will terminate access to Your Content and User Data. Additionally, all licenses granted will cease, and Platform usage must cease immediately. Certain provisions, such as those related to De-Identified Data, Proprietary Rights, Confidential Information, and others, will survive termination.
Both parties agree to maintain the confidentiality of non-public information disclosed under the Agreement, designated as proprietary or confidential in writing or orally communicated and designated in writing within thirty days.
Both parties agree to maintain the confidentiality of non-public information disclosed under the Agreement, designated as proprietary or confidential in writing or orally communicated and designated in writing within thirty days.
Verbalscripts employs administrative, physical, and technical safeguards to protect Your Content and User Data from unauthorized access, disclosure, or use. In case of unauthorized access, Verbalscripts will promptly inform you and cooperate with investigations.
You agree to indemnify and hold harmless Verbalscripts and its affiliates, directors, officers, employees, and agents from any Losses arising from the Agreement, Services usage, Your Content, User Data, breach of confidentiality, or alleged infringement of intellectual property rights. This includes reimbursing legal expenses incurred by the indemnified parties.
Verbalscripts shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or revenue, arising from your use of the Services or any failure thereof. Additionally, Verbalscripts disclaims liability for any loss, disclosure, or corruption of User Data, Your Content, or other data, including those resulting from various service interruptions or network failures.
In no event shall Verbalscripts' aggregate liability under the Agreement exceed the greater of six times the fees paid by you for the Services subject to the claim in the first month or the total fees paid to Verbalscripts for the Services subject to the claim in the twelve months preceding the event giving rise to the claim.
Verbalscripts provides the Services "as is," without any warranty, whether express or implied, including warranties of merchantability or fitness for a particular purpose. Furthermore, Verbalscripts disclaims any warranty regarding the quality, accuracy, or uninterrupted availability of the Services.
Neither party shall be liable for damages resulting from performance failure due to events beyond their reasonable control, including but not limited to war, natural disasters, governmental acts, or supplier failures.
By agreeing to the Agreement, you consent to Verbalscripts publicly disclosing its provision of Services to you. Verbalscripts may include your name, logo, and other identifying marks in promotional materials, subject to reasonable usage guidelines
The Agreement shall be governed by the laws of the State of Texas, with disputes subject to resolution in federal and state courts located in Austin, Texas.
Disputes between you and Verbalscripts shall be resolved through binding arbitration conducted by the American Arbitration Association ("AAA") under its rules. This provision governs all Claims arising from or relating to the Agreement.
New users may opt out of arbitration within thirty days of accepting the Agreement. However, opting out does not affect other provisions of the Agreement.
In arbitration or court proceedings, relief may only be awarded to the individual claimant and shall not affect other users of Verbalscripts.
By agreeing to this Agreement, you waive the right to a trial by jury and to participate in class actions or similar representative proceedings.
You acknowledge that Verbalscripts' services and related products are subject to export control laws and regulations. You represent and warrant that you comply with all trade restrictions, including not being located in embargoed countries or territories.
This Agreement constitutes the entire understanding between Verbalscripts and you, superseding any prior agreements. Any conflicting terms proposed by you are rejected.
In case of conflict between this Agreement and an Order Form, the terms of the Order Form prevail only for that Order Form.
You may not assign your rights under this Agreement without Verbalscripts:' consent, but Verbalscripts may assign this Agreement without restriction.
Both parties agree that this Agreement complies with applicable laws and regulations, and the services provided under this Agreement are within the scope of commercial business purposes.
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