Please read these Terms of Service ("Terms") carefully as they are the binding terms and conditions that apply to the use of AudiateTM (the "Service").
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING “AGREE” OR BY ACCESSING OR USING THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to these Terms on behalf of, or in your capacity as an employee, agent, or representative of a company or other legal entity, you represent and warrant that you have the authority to bind the company or other legal entity to these Terms and, in such event references to “you” will refer and apply to that company or other legal entity.
The Service is provided by TechSmith Corporation (referred to herein as "TechSmith" or “we” or “us”), a company incorporated under the laws of the State of Michigan whose principal business address is 14 Crescent Road, East Lansing, MI 48823-5708
TechSmith reserves the right to amend these Terms from time to time by posting a revised version of these Terms to the site associated with the Service. By continuing to use the Service, you agree to be bound by the most recent version of these Terms. TechSmith shall use reasonable measures to notify users of the Service when a new version of these Terms is available but is under no obligation to obtain your further consent or acknowledgement for you to be bound to any new version of these Terms.
“Content” means any video, audio, data, and any other output generated by the user of the Service.
“Service” means the Audiate service which provides a speech-to-text recognition functionality.
Subject to your compliance with these Terms, TechSmith and its suppliers and licensors, grant to you a limited, fully-paid, royalty-free, non-exclusive, and non-transferable, license to access, record, reproduce, distribute, publicly display, modify, create derivative works of, alter, copy, frame, link, archive, transmit and otherwise use the Service solely for your business or personal purposes to create Content. These Terms govern your access to and use of the Service. The access, licensing, and use of any other TechSmith products and services other than the Service is subject to the corresponding terms and conditions provided with those products and services. You acknowledge and agree that but for these Terms, you would have no rights or access to the Service.
3. Use Restrictions
You shall not use the Service:
a. Except for the purpose of creating your Content.
b. In connection with any unlawful, obscene, pornographic, defamatory, offensive, or fraudulent purposes or activities, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive, or deceptive messages, viruses or harmful code, or violating third party rights, including intellectual property rights.
c. As a trademark, service mark, or logo or in a manner that infringes upon any third party's trademark or other intellectual property right.
Additionally, you may not: i) reverse engineer any portion of the Service; or ii) combine the Services to create a commercially available branded solution that is marketed to third-party end user customers.
4. Service Availability
TechSmith operates the Service 24 hours a day, 7 days a week, excluding periods when the Service is interrupted or temporarily unavailable for maintenance, upgrades and emergency repairs or may be unavailable due to the failure of telecommunications links and equipment that are beyond the control of TechSmith. TechSmith will take reasonable steps to minimize such disruption where it is within the reasonable control of TechSmith. You agree that TechSmith shall not be liable to you for any unavailability, suspension or discontinuance of the Service. Additionally, TechSmith reserves the right to modify or terminate the Service for any reason and without notice at any time.
All trade names, trademarks, service marks, logos and other brand features (collectively, “Marks”) used in this Service which identify TechSmith or third parties and their products and services are proprietary Marks of TechSmith and/or the applicable third parties. Except as expressly stated herein, nothing in this Service shall be deemed to confer on any person any license or right on the part of TechSmith or any third party with respect to any such Marks.
6. Intellectual Property Rights
Unless otherwise stated herein, TechSmith is and shall remain the owner or licensee, as applicable, of all intellectual property rights, including, but not limited to, copyright, patent, and database rights in the Service and all TechSmith created and owned content and materials used by TechSmith in connection with providing the Service. You may not publish, distribute, extract, re-utilize, or reproduce any component part or portion of the Service or TechSmith created and owned content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set forth herein.
7. Applicable Law and Jurisdiction
These Terms shall be governed by the laws of the State of Michigan, U.S.A. to the extent U.S. federal laws are not applicable, without regard to their conflicts of law principles. In the event you, as the licensee of the Service, are a government entity located in the United States and you are bound by government procurement regulations concerning the governing law of contracts where you are the customer, TechSmith agrees that these Terms shall be governed by the state of your residence The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded. You agree to the exclusive jurisdiction of the Courts of the State of Michigan, U.S.A. and the United States federal district court located in Ingham County, Michigan, U.S.A. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. The parties to these Terms waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed 5 business days after the same shall have been deposited in the United States mail, postage prepaid. You waive any objection based on forum non conveniens and any objection to venue of any action instituted under these Terms by TechSmith in any jurisdiction.
These Terms, together with all documents incorporated herein by reference, constitute the entire agreement between TechSmith and you with respect to your use of the Service. TechSmith's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
9.Registration and Password
To purchase a subscription or create an account to access the Service you must be 18 years or over. We reserve the right to refuse registration for, or access to, the Service to anyone for any reason at any time.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you create an account, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify TechSmith immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
You agree that you have the legal right to use all Content and you further acknowledge and understand your Content is your sole responsibility including making and keeping back-up copies of your Content and that your use and distribution of your Content in all events is at your sole discretion and risk. You shall be solely responsible for any claims or causes of action that may arise in connection with the use and distribution of your Content. You acknowledge that the Service is automated (meaning your Content is uploaded using software tools and TechSmith servers) and that TechSmith personnel will not access, view, or listen to any of your Content, except as reasonably necessary to perform the Services, including but not limited to, the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by TechSmith in good faith to conform to legal requirements or comply with legal process; or (d) enforce these Terms, including investigation of potential violations hereof
11.Suspension, Modification and Termination of Access and Membership
You may terminate your subscription and seek a refund within fourteen (14) days of the date you agreed to these Terms . In the event more than fourteen (14) days have elapsed since you agreed to these Terms, no refund will be provided by TechSmith. Upon termination you will not have access to your Content through the Service.
You can delete your account at any time by contacting TechSmith customer support at https://support.techsmith.com.
You agree that TechSmith may at any time without notice:
● refuse to accept your registration to use the Service
● move, modify or suspend any part of the Service; or
● terminate your account if, in TechSmith's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires TechSmith to do so;
● modify any username or other Content that could be confusing with any TechSmith products and services
● modify, delete or block any Content that contains any explicit/objectionable Content.
12. End of Subscription
Upon termination of these Terms, you may continue to use the Content you have downloaded as part of your subscription, subject to your compliance with these Terms and specifically in compliance with the restrictions set forth herein.
13.Disclaimer of Warranty and Limitation of Liability
THE SERVICE, TECHSMITH'S SITES, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY TECHSMITH "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, TECHSMITH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, TECHSMITH SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE ASSETS, TECHSMITH'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF TECHSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.