USE OF OUR SERVICE
You may use the TranscribeMe Service only if you can form a binding contract with TranscribeMe, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the TranscribeMe Service. Any use or access to the TranscribeMe Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the TranscribeMe Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. TranscribeMe reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
2. TRANSCRIBEME ACCOUNT
You must create an account in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TranscribeMe immediately of any breach of security or unauthorized use of your account. TranscribeMe will not be liable for any losses caused by any unauthorized use of your account.
3. SERVICE RULES
You agree not to engage in any of the following prohibited activities in connection with the TranscribeMe Service: (i) copying, distributing, or disclosing any part of the TranscribeMe Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the TranscribeMe Service in a manner that sends more request messages to the TranscribeMe servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the TranscribeMe Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the TranscribeMe Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the TranscribeMe Service; (viii) using the TranscribeMe Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the TranscribeMe Service; (xi) accessing any content on the TranscribeMe Service through any technology or means other than those provided or authorized by the TranscribeMe Service; (xii) bypassing the measures we may use to prevent or restrict access to the TranscribeMe Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the TranscribeMe Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the TranscribeMe Service.
You may not access or use the TranscribeMe Service if you work with or for a competitor, except with TranscribeMe’s prior written consent. In addition, you may not use or access the TranscribeMe Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the TranscribeMe Service usage with any third party without TranscribeMe’s prior written consent.
We may, without prior notice, change the TranscribeMe Service, stop providing the TranscribeMe Service or features of the TranscribeMe Service (to you or generally), or create usage limits for the TranscribeMe Service. You agree that TranscribeMe has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by you to the TranscribeMe Service. We may permanently or temporarily terminate or suspend your access to the TranscribeMe Service without notice or liability to TranscribeMe, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the TranscribeMe Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4. USER CONTENT
You are solely responsible for all audio and other data (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.
You agree not to upload User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you upload does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant that your User Content and TranscribeMe’s use thereof as contemplated by this Agreement and the TranscribeMe Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
TranscribeMe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the TranscribeMe Service. You acknowledge and agree that Transcribme may preserve your User Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TranscribeMe, its users and the public. You understand that the technical processing and transmission of the TranscribeMe Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
By uploading any User Content you hereby grant and will grant TranscribeMe and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the TranscribeMe Service, in any form, medium or technology now known or later developed.
5. Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the TranscribeMe Service, you may contact our Designated Agent at the following address:
ATTN: Copyright Notification
1111 Broadway Suite 300
Oakland, CA 94607, USA
Any notice alleging that materials hosted by or distributed through the TranscribeMe Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the TranscribeMe Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of those materials on the TranscribeMe Service is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. TranscribeMe will promptly terminate without notice the accounts of users that are determined by TranscribeMe to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the TranscribeMe Service at least twice.
Any materials or data that you provide to TranscribeMe for the purpose of providing the TranscribeMe Service will be your “Confidential Information,” except to the extent such documents (a) are known to TranscribeMe prior to receipt from you from a source other than one having an obligation of confidentiality to you; (b) become known (independently of disclosure by you) to TranscribeMe directly or indirectly from a source other than one having an obligation of confidentiality to you; or (c) become publicly known or otherwise cease to be secret or confidential, except through a breach of this Section by TranscribeMe. TranscribeMe will use the Confidential Information solely for the purpose of providing the TranscribeMe Service to you (the “Permitted Purpose”). TranscribeMe will not, without your prior consent, disclose to any third party your Confidential Information, other than furnishing such Confidential Information to our directors, officers, employees, agents, consultants, contractors, representatives or affiliated entities (collectively, “Associated Persons”) who need to have access to such Confidential Information in connection with the Permitted Purpose. TranscribeMe will use at least reasonable care to protect the confidentiality of your Confidential Information. In the event that TranscribeMe is required by law to make any disclosure of any of your Confidential Information, by subpoena, judicial or administrative order or otherwise, TranscribeMe will use commercially reasonable efforts to give you notice of such requirement (to the extent legally permissible) and will permit you to intervene in any relevant proceedings to protect your interests in your Confidential Information
To use the TranscribeMe Service, you will be required to make one or more payments and provide us with information regarding your credit card. You represent and warrant to TranscribeMe that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay TranscribeMe the amount that is specified by the TranscribeMe Service in accordance with the terms therein and this Agreement. TranscribeMe reserves the right to change our prices. If we change our prices, we will provide notice of the change on the TranscribeMe website or in email to you, at our option. Your continued use of the TranscribeMe Service after the price change becomes effective constitutes your agreement to pay the changed amount.
If TranscribeMe agrees, in its sole discretion, to invoice you for your receipt of the TranscribeMe Service (rather than requiring you to pay all fees by credit card), you must nevertheless provide TranscribeMe with your credit card information (as reasonably requested by TranscribeMe) and promptly update such information with any changes that may occur. If you fail to pay any invoices within 30 days of the date of the invoice, TranscribeMe will notify you by email of the overdue charge and, if the invoice remains unpaid, TranscribeMe will charge your credit card the full amount owing under the invoice on the 35th day following the date of the invoice. You hereby authorize us to charge any such overdue amounts to your credit card on file and acknowledge that TranscribeMe may suspend its provision to you of the TranscribeMe Service if any amounts remain unpaid. You may be required to pay all subsequent fees by credit card if you fail to pay an invoice within 35 days of the invoice date. TranscribeMe will only remove a credit card on file at your request if your account balance is $0 and there are no TranscribeMe Services pending for you.
END USER LICENSE GRANT
8. TRANSCRIBEME SERVICE
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the TranscribeMe Service for your personal, non-commercial use, as permitted by the features of the TranscribeMe Service. TranscribeMe reserves all rights not expressly granted herein in the TranscribeMe Service and the TranscribeMe Content (as defined below). TranscribeMe may terminate this license at any time for any reason or no reason.
9. MOBILE SOFTWARE
We may make available software to access the TranscribeMe Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile TranscribeMe Service. TranscribeMe does not warrant that the Mobile Software will be compatible with your mobile device. TranscribeMe hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one TranscribeMe account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that TranscribeMe may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and TranscribeMe or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
10. MOBILE SOFTWARE FROM APPLE APP STORE
This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. TranscribeMe and you acknowledge that this Agreement is concluded between TranscribeMe and you only, and not with Apple Inc. (“Apple”), and as between TranscribeMe and Apple, TranscribeMe, not Apple, is solely responsible for the Software and TranscribeMe Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “TranscribeMe” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
11. MOBILE SOFTWARE FROM GOOGLE ANDROID MARKET
This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. TranscribeMe and you, the end‐user of the Mobile Software and TranscribeMe Services, acknowledge that the Agreement is entered into by and between TranscribeMe and you. TranscribeMe is solely responsible for the Software and TranscribeMe Services. Should you have downloaded the Software from the Google Android Market located online at https://play.google.com/store. You acknowledge that you have reviewed the Android Market Terms of Service (located online at https://play.google.com/about/play-terms.html) and the Android Market Business and Program Policies (located online at http://play.google.com/about/play-terms.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
12. TRANSCRIBEME PROPRIETARY RIGHTS
Except for your User Content, the TranscribeMe Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “TranscribeMe Content”), and all Intellectual Property Rights related thereto, are the exclusive property of TranscribeMe and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the TranscribeMe Service. Use of the TranscribeMe Content or materials on the TranscribeMe Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
13. PREMIUM SERVICES
From time to time, TranscribeMe may provide additional features and/or TranscribeMe Services that you pay for (“Premium TranscribeMe Services”). TranscribeMe may also offer from time to time in its sole discretion, certain Premium TranscribeMe Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Agreement to the TranscribeMe Service include the Premium TranscribeMe Services.
15. DELIVERY TERMS OF SERVICE
TranscribeMe will undertake service delivery to complete the assigned work in the shortest amount of time possible. Where time commitments are explicitly agreed on, the time indicated is confined to business days only in the Pacific Standard Timezone. For example, 24 hour delivery equates to 1 business day, 48 hour delivery equates to 2 business days and so forth. Our standard hours of service are 8am to 6pm Monday-Friday, Pacific Standard time. Additional support hours and after-hour service is available by inquiry.
16. TRANSCRIPTION OUTPUT STYLE
TranscribeMe provides output as “clean verbatim”, “full verbatim”, and other customized formatted transcriptions. The “clean verbatim” is the default style choice, and automatically removes “umms”, “ahhs”, “likes”, “you knows”, other filler words and some non-standard spellings in addition to stuttering from the final transcript. The customized formatted transcriptions are custom transcription outputs that are mutually agreed upon between you and TranscribeMe. “Full verbatim” transcripts capture speech exactly how it sounds, including all filler words and speech errors.
TranscribeMe defines accuracy in accordance with the industry standard metric of the Word Error Rate. The Word Error Rate is a measure of the average number of word errors taking into account three error types: substitution (the reference word is replaced by another word), insertion (a word is hypothesized that was not in the reference) and deletion (a word in the reference transcription is missed). The Word Error Rate is defined as the sum of these errors divided by the number of reference words, which will determine the overall accuracy. Accuracy is contingent on audio quality. If, in TranscribeMe’s sole and reasonable determination, audio quality is deemed partially or wholly inaudible, TranscribeMe will perform transcription to the best of its abilities, but does not guarantee to meet accuracy rate requirements. Inaudible, poor quality audio, timestamping, and speaker identification will not be included in the calculation of the Word Error Rate.
18. TIMESTAMPING & SPEAKER IDENTIFICATION
Default timestamping reflects a change between speakers in an audio file. Timestamps within transcripts are placed within a given speaker segment and are accurate within several seconds. Speaker Identification is defined as a tag that designates different speakers within an audio file. If you opt to receive speaker identification within your transcriptions, the speakers within the file will be labeled using the convention of S1, S2, S3, etc… TranscribeMe will provide a best effort on achieving accuracy with speaker identification. If your audio file contains a large number of speakers or is of poor quality in nature, we do not guarantee that speaker identification will be included. If you require a specific timestamping and speaker identification formatting, please contact us directly at firstname.lastname@example.org.
TranscribeMe cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
20. THIRD PARTY LINKS
You agree to defend, indemnify and hold harmless TranscribeMe and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “TranscribeMe Parties”), 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 the TranscribeMe Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the TranscribeMe Service with your username, password or other appropriate security code.
22. NO WARRANTY
THE TRANSCRIBEME SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE TRANSCRIBEME SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRANSCRIBEME SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRANSCRIBEME, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE TRANSCRIBEME SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRANSCRIBEME SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE TRANSCRIBEME SERVICE.
TRANSCRIBEME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRANSCRIBEME SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TRANSCRIBEME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR TRANSCRIBEME SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR TRANSCRIBEME SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE OR TRANSCRIBEME SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
23. LIMITATION OF LIABILITY
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR TRANSCRIBEME SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TRANSCRIBEME AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE TRANSCRIBEME SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TRANSCRIBEME ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE TRANSCRIBEME PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE TRANSCRIBEME PARTIES.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
24. GOVERNING LAW AND JURISDICTION
25. Dispute Resolution and Arbitration
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). TranscribeMe’s address for Notice is: TranscribeMe, Inc., 1111 Broadway Suite 300, Oakland, CA 94607, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or TranscribeMe may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TranscribeMe must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, TranscribeMe will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by TranscribeMe in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
- No Class Actions. YOU AND TRANSCRIBEME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TranscribeMe agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If TranscribeMe makes any future change to this arbitration provision, other than a change to TranscribeMe’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to TranscribeMe’s address for Notice, in which case your account with TranscribeMe will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
26. NOTICE TO CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, California users of TranscribeMe Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. TranscribeMe’s mailing address and e-mail address can be found in the Contact Us section of this Agreement.
27. ENTIRE AGREEMENT / SEVERABILITY
This Agreement, together with any amendments and any additional agreements you may enter into with TranscribeMe in connection with the TranscribeMe Service, shall constitute the entire agreement between you and TranscribeMe concerning the TranscribeMe Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
28. NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TranscribeMe’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
29. THIRD PARTY BENEFICIARIES AND AGREEMENTS
If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and TranscribeMe Service is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or TranscribeMe Service.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TranscribeMe without restriction or notice.
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
32. CONTACT US
Should you wish to contact us with any questions, complaints or claims with respect to the TranscribeMe Service, you should visit the TranscribeMe website at www.transcribeme.com, by mail at 1111 Broadway Suite 300, Oakland, CA 94607, USA or email at email@example.com.
These terms of service were last amended on June 22nd, 2020.