1. Parts
1.1. The party to the Agreement is Rather Labs Inc. with registered address at 2810 N Church St, Wilmington, Delaware, US, hereinafter referred to as "TranscribeMe" or "RL" interchangeably. User shall be understood as defined in point 2.
1.2. TranscribeMe and the User are collectively referred to as the "Parties" and individually as a "Party."
2. Definitions
For the purposes of these Terms and Conditions, the following shall be understood as:
"Bot" is a computer program that simulates interaction with a human person, which, for these terms and conditions, is intended to receive an audio file and return to the User a transcription of said file along with a summary, the latter depending on the length of the audio. Additionally, the User may interact with the Bot, which, using artificial intelligence, may answer questions, solve problems, and engage in any kind of conversation, simulating interaction with a human person;
"Membership" is the possibility for Users to acquire, through prepayment, premium services offered by TranscribeMe, detailed in clause 7 of these Terms and Conditions;
"Platform" is understood as WhatsApp and/or Telegram, without distinction;
"User" means any individual or, if applicable, legal entity that uses the Bot, either for its free version or acquires the Membership service, acquiring it on their own behalf or on behalf of third parties, and at their own cost;
"Service" is any action performed by the Bot on behalf of the Users. This Service may be modified in the future, with the User being required to periodically review these Terms and Conditions;
"Site" is the TranscribeMe web page hosted on the domain https://www.transcribeme.app/.
3. Amendments / Updates to Terms and Conditions
TranscribeMe shall have the right and authorization to change or update the terms and conditions contained in this document and in the Privacy Policy, which are deemed accepted at the time of use of the Service, at any time, whether partially or completely. The User may not claim, demand, or declare that TranscribeMe has not notified them of the referred changes and updates, or that the referred changes and updates cannot be applicable to the User if the User has been directly notified by TranscribeMe or has accessed the Site in any way directly/indirectly after changes and updates.
4. Perfection of the Terms and Conditions. Validity.
4.1. By using TranscribeMe's Services, and/or accessing the Site, registering and contracting the chosen Membership; the User represents that they have read, understood, and accepted these terms and conditions in all their parts and shall enter into force and be considered that both Parties have accepted to be legally bound.
4.2. These Terms and Conditions shall remain in force and bind the Parties as long as the User complies with all obligations under them, as long as the User continues to use the Services and, where applicable, maintains their account valid with the payment of the chosen Membership.
4.3. The User may cancel their Membership by accessing https://www.mercadopago.com.ar/subscriptions, in case of having opted for payment through Mercado Pago, or at https://billing.stripe.com/p/login/9AQeVsexYcr16OceUU, in case of using Stripe in the payment of their Membership. If TranscribeMe determines that the User violates partially or completely any provision of these terms and Conditions and/or Privacy Policy, TranscribeMe may permanently/temporarily suspend the User's account and/or terminate these Terms and Conditions immediately without prior notice and without incurring any liability for damages of any kind.
5. Use of Content / Services and TranscribeMe's Obligations Relating to the User Account
5.1. Age Restriction. The use of the Service by minors under 16 years of age, who are not duly supervised by their parents, guardians, and/or adults responsible for them, is prohibited. The use of the Service shall be the sole responsibility of the persons in charge of such minors, releasing TranscribeMe from liability for any use contrary to these Terms and Conditions, the Privacy Policy, and the legislation of each country where the Service is used.
Use of User Accounts
5.2.1. The User shall accept and warrant to provide complete and accurate information as required by TranscribeMe, in accordance with these Terms and Conditions and/or the Privacy Policies. Likewise, they shall keep the information updated when using TranscribeMe's Services in any way.
5.2.2. In no case shall the User have the right to allow third parties to use the Service, either permanently or temporarily. Otherwise, TranscribeMe may permanently or temporarily suspend the respective User account.
5.2.3. The User shall be solely responsible for the consequences of allowing third parties to use their account. In no case shall TranscribeMe be liable for the misuse by third parties using the User's account, either permanently/temporarily or partially/completely.
5.2.4. The User shall accept and warrant not to share their account information with any third party, to protect and keep confidential the related information and to notify TranscribeMe immediately in case of a security breach. TranscribeMe is not responsible for any damage, loss, cost, and any other adverse result arising from such unauthorized use.
5.2.5. In addition to these Terms and Conditions, by using the service, the User declares that they have read and accepted the Privacy Policy. Thus, the User guarantees compliance with these Terms and Conditions, the Privacy Policy, any other rules and regulations of TranscribeMe, the laws and regulations applicable to the use of TranscribeMe's Services. In this regard, the User guarantees that they will be solely responsible for their own actions and the use of the tool provided by TranscribeMe, releasing TranscribeMe from any kind of liability.
5.2.6. The User agrees not to violate, reverse engineer, decompile, revert, disassemble, or otherwise exploit the Site and/or the Bot and/or their contents/services. Additionally, the User agrees not to provide assistance and support to others in relation to the referred actions.
5.2.7. By using TranscribeMe's Services, the User guarantees not to transfer, communicate, publish, display, store, allocate, send, forward, maintain, provide access to any content interpreted as illegal, harassing, threatening, harmful, offended, defamatory, abusive, rude, containing violence, slang, pornographic, sexually offensive, interfering with the privacy of other persons, racist or humiliating, ethnic identities or similar inconveniences for TranscribeMe, its affiliates, directors, employees, other Users, and any other third party, guaranteeing not to use TranscribeMe's Services in the referred manner.
6. Service Description
6.1. TranscribeMe is a Bot that, using AI, receives messages and/or audio files sent by Users, with a total audio extension limit of up to 20 minutes per month in the free model. Currently, the service is only available on the WhatsApp and Telegram platforms, with new platforms potentially being added in the future, so we recommend checking the Site for updates to these Terms and Conditions. The User may also interact with the Bot, which can simulate interaction with a human person, being able to inquire about any kind of information, which the Bot may return a response to. For more details on the free service (called "Plan Free"), you can visit https://www.transcribeme.app/If the User wishes, they may access a Membership Service (called "Plan Plus"), where they can use TranscribeMe's Services without the restrictions described in this clause. Details of the Services included in the Plan Plus can be found at the following address https://www.transcribeme.app/ and in these terms and conditions.
6.2. The use of the Service, the summary of the transcription of the audio, and any other use of the Service, is the sole responsibility of the User, accepting that the transcription sent to the User by the Bot, as well as its summary, may omit some part of the sent audio, detail, and/or transcription of the original audio. The User also accepts that any information provided by the Bot may not be correct, updated, reliable, etc., and that it is their sole responsibility to use it.
7. Payments
7.1. Some of the Services provided by TranscribeMe may require payment, while the rest may be free. TranscribeMe shall have the exclusive right to determine which Services require payment and how and for how long this determination will continue.
7.2. The General Public shall have free access to the services offered by TranscribeMe, the conditions of which can be found at https://www.transcribeme.app/ For those interested in services that exceed the limit provided for the General Public, they may opt for a Membership, the prices of which can be found at https://www.transcribeme.app/It is noted that the prices listed there are exclusive of taxes, which shall be borne by the User. Such charges may undergo modifications, which shall be notified through the Bot and/or the Site, in a timely manner.Prices are expressed in Argentine Pesos or US Dollars, depending on the chosen platform. Prices are informed on the Site. For more information, you should consult the terms and conditions of the chosen payment platform.
7.3. Membership payments shall be processed, at the User's choice, through the Mercado Pago platform (www.mercadopago.com.ar) or Stripe (www.stripe.com), and the User should review the terms and conditions of each of these platforms for payment options (debit, credit, money in the account). Likewise, these platforms may require the provision of personal data, so it is also recommended to review the privacy policy of each of these sites.
7.4. Exclusive for Membership holders residing in the Argentine Republic. Membership payments shall be in US dollars, with TranscribeMe being able to convert the currency to Argentine Pesos, using the quotation provided by the Banco de la Nación Argentina, for its Seller-type operations, published on the 15th of each month, at the close of each banking day. In case this day is not a business day, it shall be moved to the next business day.
7.5. Exclusive for Membership holders residing in the Argentine Republic. TranscribeMe designates FyF & Asociados SRL, located at Padilla 1276, CABA, Argentine Republic, CUIT 30-71789845-8, as the company authorized to commercialize the Services detailed within the territory of the Argentine Republic.
8. Privacy
8.1. By accepting these Terms and Conditions, it is considered that the User has accepted and is bound by the Privacy Policy, which is an integral part of these Terms and Conditions.
8.2. In the event of contracting the Membership, Mercado Pago and/or Stripe may request personal data from the User such as full name, type and number of identity document, credit/debit card number, expiration date of the card, security code, and an email address. Such data shall be processed by said payment platform, and the User should consult the Privacy and Data Protection Policies that apply to each site.
9. Intellectual Property Rights.
9.1. TranscribeMe is a registered trademark of its owners, so its reproduction, use in any form, without proper authorization, may result in a breach of current legislation, with the User being responsible for any damages.
9.2. All trademarks mentioned in these Terms and Conditions are registered trademarks of their owners, with their reproduction, use, and/or commercialization without proper authorization being expressly prohibited.
10. Indemnification and Recourse
HEREBY, THE USER SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS TRANSCRIBEME, ITS AFFILIATES, DIRECTORS, EMPLOYEES FROM AND AGAINST ANY AND ALL ACTIONS, DEMANDS, LITIGATIONS, DAMAGES, LOSSES, COSTS, AND/OR EXPENSES (INCLUDING ATTORNEYS' FEES) DIRECTLY/INDIRECTLY CAUSED BY THEIR USE, MISUSE, INABILITY TO USE, OR ABUSE OF THE SERVICE, OR THEIR BREACH OF THESE TERMS AND CONDITIONS, PRIVACY POLICY, OR ANY OTHER RULES AND PRINCIPLES, OR LAWS AND/OR OTHER LEGAL RULES AND REGULATIONS, WHETHER INTENTIONAL, NEGLIGENT, OR OTHERWISE.
11. Limitation of Liability
11.1. IN NO EVENT SHALL TRANSCRIBEME BE LIABLE TO THE USER OR THIRD PARTIES RELATED TO THE USER OR THE GENERAL PUBLIC FOR ANY DAMAGE, LOSS OF CHANCE, LOST PROFITS, AND/OR ANY OTHER HARM ARISING FROM THE USE, MISUSE, INABILITY TO USE, OR MISUSE OF THE SITE AND/OR THE BOT.
12. Force Majeure
TranscribeMe shall not be liable for any failure or delay in the execution of these Terms and Conditions (including but not limited to TranscribeMe's failure to fulfill its obligations) due to a force majeure event, reasonably unforeseeable events occurring outside of TranscribeMe's control (including but not limited to acts of nature, war, terrorist attack, rebellion, embargo, acts, decisions, and regulations of civil or military authorities, fires, floods, accidents, strikes, limitations of transportation facilities or lack of fuel, energy, labor, or materials).
13. Relationship Between the Parties
These Terms and Conditions shall not constitute nor be construed as the establishment of a joint venture, partnership, agency, employment, or any other similar relationship between the Parties. These Terms and Conditions shall not affect any other prior agreements between the Parties, provided that these prior agreements do not contravene the provisions of these Terms and Conditions.
14. Partial Disability
If any provision contained in these Terms and Conditions is deemed illegal or unenforceable for any reason, that provision shall be replaced by a valid one to the maximum extent permitted in order to pursue the Parties' intention, and the rest of these Terms and Conditions shall remain in full force and effect. However, if the clause is determined to be illegal or unenforceable or cannot be reformulated, it is agreed that the clause in question would be separable from the rest of the provisions of these terms and conditions, and that determination shall not affect the validity and applicability of these remaining provisions.
15. No Disclaimer
15.1. TranscribeMe's failure to enforce any provision contained in these Terms and Conditions shall never be construed as a waiver or shall not constitute a waiver of the right of the Parties to assert or rely on the provision in question or any other provision of these Terms and Conditions.
15.2. TranscribeMe's explicit waiver of any provision of these Terms and Conditions shall never constitute TranscribeMe's waiver of its obligation to act in accordance with the provision in question in the future.
16. Applicable Law and Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the Laws of Delaware, United States. The Parties consent to the exclusive jurisdiction of the Courts of said jurisdiction, waiving any other forum or jurisdiction.