The Terms of Service of NEWTON Technologies, a.s. for the use of the Beey.io application (hereinafter referred to as „Terms“)
NEWTON Technologies, a.s., address of offices: Na Pankráci 1683/127, Praha 4, 140 00, IČ: 28479777, DIČ: CZ28479777, the company is registered with the Municipal Court in Prague in section B, insert 14782 (hereinafter “Provider”) provides, inter alia, the Beey online application service specified on the Provider’s website editor.beey.io and in these Terms (hereinafter “Service”).
These Terms contain binding rules of use and access to the Service. By using the Service, you agree to these Terms and agree to comply fully with them.
Definition of terms
- The User means a legal entity or private individual who uses the Service in accordance with these Terms, unless an individually concluded contract or an individually confirmed order provides otherwise (hereinafter referred to as “User“).
- The Provider’s Software means the software used in the provision of the Service, namely the Beey application itself (hereinafter referred to as “Software“).
- The License means the authorization to exercise the right related to the provider’s Service or Software (hereinafter referred to as “License“). The specific scope of this License follows from the license agreements.
- The Copyright Act means Act No. 121/2000 Coll. (hereinafter referred to as “Copyright Act”).
- The Civil Code means Act No. 89/2012 Coll. (hereinafter referred to as “Civil Code”).
- Availability means the state when the Service is available to the User in the scope and quality specified in these Terms (hereinafter referred to as “Availability“)
Agreement with the Terms
- These Terms contain binding rules of use and access to the Service. By using the Service, the User agrees with these Terms and agrees to comply fully with these Terms.
- The User agrees to these Terms by registering in the Beey application on the Provider’s website editor.beey.io, by concluding an individual contract between the Provider and the User, by making an individual order confirmed to the User by the Provider with reference to these Terms, or by paying an invoice with reference to these Terms.
- Anyone who accepts these Terms on behalf of a legal entity declares that he is entitled to act on behalf of the legal entity in this matter, to represent the legal entity in this relation and to agree on its behalf with these Terms.
- The user hereby undertakes:
- Not to circumvent any technical limitations of the Service and Software;
- Not to carry out reverse engineering, decompile or disassemble the Service and Software;
- Not to use the Service or Software contrary to good morals, in order to avoid license fees, remunerations or costs, referring in particular to the simultaneous work of several people under one user account with a license for a given number of stated users;
- Not to use the Service or Software in a manner that is in conflict with the laws of the Czech Republic, the laws of the countries of the European Union and the laws of the country in which the User uses the Service, and these Terms or individually concluded agreements between the User and the Provider.
- By acceding to these Terms, the User honestly declares that he or she has the right to use audio or audiovisual recordings intended for automatic electronic transcription, including associated metadata, in accordance with copyright regulations, and that this transcription does not violate legal regulations concerning the protection of intellectual property. The Provider has the right to request additional evidence of this right from the User, and in case of doubt, to refuse to perform the Service until credible proof of intellectual property rights to this audio or audiovisual recording is presented, or to delete this audio or audiovisual recording.
- By acceding to these Terms, the User undertakes and honestly declares that the audio or audiovisual recording, intended for automatic electronic transcription, including associated metadata, does not contain personal data in the sense of Act No. 110/2019 Coll. (hereinafter referred to as “Personal Data Processing Act”) in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Regulation on the Protection of Personal Data (hereinafter referred to as “General Data Protection Regulation”) or in accordance with other legal regulations governing the protection of personal data. In the event of a breach of this obligation by the User, the User shall be liable for any damage that would arise to the Provider by the breach of this obligation. In case of doubt, the Provider has the right to refuse to perform the Service and to delete this audio or audiovisual recording. If, as a User, you are interested in using the Provider’s Service for processing audio or audiovisual recordings containing personal data in the sense of the Personal Data Processing Act, the General Data Protection Regulation or other legal regulations governing the protection of personal data, contact the Provider at firstname.lastname@example.org for the purpose of concluding a written contract on the processing of personal data in accordance with the Personal Data Processing Act and the General Data Protection Regulation.
Provision of the Service
- The Provider provides the User with the right to access the Service and the right to use the Service (hereinafter referred to as “License to the Service”) and the User undertakes to pay the Provider a fee, all to the extent and under the conditions set out in these Terms, in an individual contract entered into between the Provider and the User or in the User’s order confirmed by the Provider.
- License to the Service is granted as non-exclusive, territorially unlimited, non-transferable and limited in time for the period for which the Provider will provide the Service and the User will meet the conditions for the provision of this Service.
- The User acknowledges that the Service and Software are subject to the Provider’s copyrights. Copyright is subject to protection namely under the Copyright Act, and public protection under the Criminal Code (according to the provisions of § 270 of Act No. 40/2009 Coll., The Criminal Code, as amended) and its violation can be prosecuted under both civil and criminal law.
- The subject of the provision is not the provision of the source code of the Service for any further use. The User undertakes to refrain from acting pursuant to § 66 para. b) of the Copyright Act.
- In the event that the User acts in violation of these Terms (especially in case of violation of the laws of the Czech Republic or European Union or the laws of the state by using the Service despite the request of law enforcement agencies or other authorized institutions or the Provider), the Provider is entitled to take measures in order to prevent this condition at the Provider’s own discretion based on the severity and urgency of the breach, namely by calling for redress, restricting any part of the Service or Software, blocking access to the Service or Software, terminating the provision of the Service or use of Software.
- The User undertakes to notify the Provider by e-mail of the unavailability of the Service and other technical problems by sending an e-mail to email@example.com. The time of the Service’s unavailability is calculated starting from the delivery of the notice of the Service’s unavailability to the Provider.
- The Provider undertakes to provide technical support for the User on working days from 8.00 am to 5.00 pm via a web or email interface (e-mail: firstname.lastname@example.org). The User undertakes to provide the Provider with all necessary cooperation.
- The user acknowledges that the automatic transcription of audio or audiovisual recording into text may not be able to convert the audio or audiovisual recording into text completely correctly. Any deviations of the Service’s outputs from the inputs are not a defect of the Service.
- The User acknowledges and agrees that the Provider may anonymously use audio and audiovisual recordings and their transcripts in order to improve the Service (training of acoustic and language models).
Prices for the use of and access to the Service
- All prices are contractual. Unless stated otherwise in the individual contract entered into between the Provider and the User or in the User’s order confirmed by the Provider, the following method of determining the price for use and access to the Service applies. For each started 1 hour of audio or audiovisual recording for which the User uses the Provider’s Service, the User undertakes to pay the Provider the price of CZK 150 / EUR 6 / PLN 25.
- The price is payable in advance in the form of purchase of credits, the validity of which is 24 months, unless it is individually otherwise specified. Unspent credits after this expire after 24 months. Unused credits before expiration cannot be returned, unless both parties reach an individual agreement that states otherwise.
- Unless stated otherwise in the individual contract entered into between the Provider and the User or in the User’s order confirmed by the Provider, the price for use of and access to the Service is always stated without the relevant value added tax (hereinafter “VAT”), which will be added in the statutory amount to the price for use of and access to the Service.
- Rights and obligations not expressly regulated by these Terms are governed by Czech law, in particular the Civil Code, excluding all conflicting regulations of private international law.
- All disputes arising from these Terms or in connection with them will be settled by a competent court, which in the sense of § 89a of Act No. 99/1963 Coll., The Code of Civil Procedure, as amended, is the Provider’s locally competent court.
Protection of the User’s Personal Data
- By agreeing to these Terms, the User hereby grants the Provider consent to the use of the User’s name, surname, email address, IP address, telephone number and registered office (hereinafter referred to as “Personal Data”) and, wherever applicable, identification data (IČO, DIČ) for all activities related to the dissemination of commercial communications in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts as amended, concerning the Provider’s own similar products or services.
- By accepting these Terms, the User hereby grants the Provider consent to the processing of their personal data in accordance with the relevant provisions of the Personal Data Processing Act, the General Data Protection Regulation and other legal regulations governing the protection of personal data.
- Consent is granted for the period during which the Service is provided according to these Terms, according to the individual contract entered into between the Provider and the User, according to the individual order placed by the User and confirmed by the Provider. The Provider will be the processor of Personal Data The user has the right to access his Personal Data, the right to correct Personal Data, the right to be informed about the method of personal data processing and other rights under the Personal Data Processing Act and the General Data Processing Regulation. The Provider will transfer personal data to third parties if it is strictly necessary in order to meet these Terms. The User’s data will be treated confidentially. In the event that the User believes that his data are processed in violation of the law, he has the right to contact the Office for Personal Data Protection.
- The User may exclude Article 6.1 of these Terms by sending an e-mail message to the Provider at email@example.com containing the text: “I do not agree with Article 6.1 of the Terms of Service of NEWTON Technologies, a.s. for the use of the Service according to the conditions of NEWTON Technologies, a.s. for the use of the Beey application services and I do not wish receive business messages from NEWTON Technologies, a.s.”
Termination of the provision of the Service
- The provision of the Service in accordance with these Terms may be terminated by agreement, written notice, or withdrawal for legal reasons.
- The provision of the Service may be terminated by either party in writing. The notice period is three months and begins on the first (1st) day of the calendar month following the receipt of the notice by the other party. The User’s termination notice can be delivered to the Provider via the e-mail address firstname.lastname@example.org. The Provider’s termination notice can be delivered to the User via the User’s e-mail address provided during registration or via the Beey application.
- However, the termination of the provision of the Service does not affect the mutual claims of the Provider and the User arising before the termination of the provision of this Service.
- On the effective date of termination of the provision of the Service, the Provider shall cease to provide the Service to the User. The Provider is entitled, as of the effective date of termination of the provision of the Service, to delete all data and transcripts stored in the Provider’s data storage.
- The Provider is entitled to unilaterally terminate the provision of the Service via a written notice delivered to the User if it is discovered that the User is violating these Terms. The Provider is entitled to deliver this notification to the User’s e-mail address specified during registration or via the Beey application notification.
- In the event of termination of the Service by the Provider, the User may request via the e-mail address email@example.com that the Provider refunds any of the User’s unused credit.
Quality of the provided Service
- The Provider guarantees to the User that the provided Service does not show any defects that would restrict or prevent the use of this Service for standard purposes.
- Any defects in the provided Service are to be resolved by the Provider in close cooperation with the User without delay, no later than 3 working days following notification by the User. The User may report the problem by sending a message to the e-mail address firstname.lastname@example.org describing the specific defects. The User undertakes to provide the Provider with any further cooperation necessary for the detection and elimination of the defect. Furthermore, the liability for defects is covered by the provisions of the Civil Code.
- If the User is provided with a defective Service, the User has the right to request the removal of this defect or the right to a corresponding deduction from the price. If the Provider does not eliminate the defect in time or provide an appropriate discount, the User has the right to withdraw from the provided Service. If the User discovers a defect in the provided Service, they are obliged to notify the Provider of the issue in order to file a complaint, without undue delay after the discovery of the said defect, but no later than two years from the provision of the Service, by sending a message to the e-mail address email@example.com with a description of the specific defects.
- The inaccurate conversion of an audio or audiovisual recording into text, which by its very nature cannot guarantee to be completely correct, may not be considered a defect of the Service or Software. Any discrepancies between the audio or audiovisual recording and the transcription provided by the Service are not a defect of the Service, due to the fact that the accuracy of the recording conversion depends on many factors, in particular the quality of the recording and the articulatory abilities of the individual speakers captured on the recording.
Limitation of Liability and Warranty
- The Provider does not accept any liability for damages caused by the use of the Service or the Software on the User’s equipment and infrastructure, or for any other damages indirectly connected with the use of the Service or the Software.
- Neither the Provider nor its suppliers or sellers are obliged to compensate the User or any other third party for any indirect, consequential, incidental, punitive or special damages (especially lost profits or income, compensation for loss of privacy, loss of benefit from any computer or software including this program, interrupted operation, loss of business information or other monetary loss) incurred in connection with the use of the Service or Software, even in cases when the User has been notified by the Provider of the possibility of such damages, and, furthermore, the cause of damage or liability theory will not be taken into account.
- The limitation of liability for damage as described in the previous sentence shall apply to the maximum extent that is permitted by the applicable laws. The Provider’s liability for damage related to the Service or Software shall in no case exceed the amount paid by the User for the Service or Software with which the Provider’s liability is associated. The above limitation applies even in the event that, for any reason, the basic purpose of any limited claim is not fulfilled.
- If any provision of these Terms proves to be invalid or unenforceable, then this fact does not negate the validity or enforceability of the other provisions of these Terms, unless it stems from the mandatory provisions of the law.
- By consenting to these Terms, the User declares that he has read these Terms in their entirety and agrees with these Terms in full.
- These Terms of Service are a literal translation of the Czech Terms of Service and is valid from November 5th 2020.