Terms of Service
Last updated: August 22, 2024
1. Acceptance of Terms and Agreement Scope
By accessing, using, or registering for LinguaTrace's multilingual transcription and diarization platform ("Services"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and LinguaTrace Inc. ("LinguaTrace," "we," "us," or "our").
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
If you do not agree with any part of these Terms, you must not use our Services. Your continued use of the Services after any modifications to these Terms constitutes acceptance of the updated Terms.
2. Comprehensive Service Description
LinguaTrace provides an advanced multilingual transcription and diarization platform that converts live or recorded audio into structured, speaker-labeled transcripts. Our Services include, but are not limited to:
- Audio Transcription: Conversion of audio files into text with high accuracy across multiple languages
- Speaker Diarization: Automatic identification and labeling of different speakers in audio content
- Language Detection: Per-segment language identification and code-switch handling
- Export Capabilities: Multiple format exports including SRT, VTT, DOCX, and custom formats
- Team Collaboration: Shared workspaces, review interfaces, and collaborative editing tools
- API Access: Programmatic access for bulk processing and integration capabilities
- Privacy Tools: Redaction capabilities, data encryption, and privacy controls
- Custom Glossaries: Industry-specific terminology and proper noun recognition
- Real-time Processing: Live transcription capabilities for ongoing audio streams
- Analytics and Reporting: Usage statistics, accuracy metrics, and performance insights
- Integration Support: Third-party application integrations and workflow automation
3. User Accounts, Registration, and Responsibilities
To access our Services, you must create an account and provide accurate, complete, and current information. You are solely responsible for:
- Account Security: Maintaining the confidentiality of your login credentials and all activities under your account
- Information Accuracy: Ensuring all registration and profile information remains accurate and up-to-date
- Authorized Use: Ensuring that only authorized individuals access your account and use our Services
- Content Legality: Verifying that all audio content you upload complies with applicable laws and regulations
- Permission and Consent: Obtaining necessary permissions and consents for processing audio content, especially content involving third parties
- Data Backup: Maintaining appropriate backups of your important data and content
- Usage Compliance: Using our Services in accordance with these Terms and applicable laws
- Team Management: Managing team member access, permissions, and compliance within your organization
- Notification of Breaches: Immediately notifying us of any unauthorized use of your account or security breaches
- Account Termination: Properly terminating your account and removing sensitive data when no longer needed
4. Acceptable Use Policy and Prohibited Activities
You agree to use our Services responsibly and in compliance with all applicable laws. You expressly agree not to:
- Illegal Content: Upload, process, or distribute content that is illegal, harmful, threatening, abusive, or violates any laws
- Privacy Violations: Process audio content without proper consent from all parties involved
- Intellectual Property Infringement: Upload content that infringes on copyrights, trademarks, or other intellectual property rights
- System Interference: Attempt to interfere with, disrupt, or damage our Services, servers, or networks
- Unauthorized Access: Attempt to gain unauthorized access to our systems, other user accounts, or restricted areas
- Reverse Engineering: Reverse engineer, decompile, or attempt to extract our proprietary algorithms or source code
- Competitive Intelligence: Use our Services to develop competing products or services
- Spam and Abuse: Send unsolicited communications or engage in abusive behavior toward other users or our staff
- False Information: Provide false, misleading, or fraudulent information during registration or use
- Malicious Software: Upload files containing viruses, malware, or other harmful code
- Excessive Usage: Use our Services in a manner that places unreasonable load on our infrastructure
- Terms Circumvention: Attempt to circumvent any limitations, restrictions, or security measures we implement
5. Payment Terms, Billing, and Subscription Management
Our Services are offered under various pricing models, including free tiers, pay-as-you-go, and subscription plans. By using paid Services, you agree to:
- Payment Obligation: Pay all fees associated with your account usage according to our published pricing
- Billing Information: Provide accurate and complete billing information and keep it updated
- Automatic Billing: Accept automatic billing for subscription services and recurring charges
- Usage-Based Charges: Pay for usage-based services according to actual consumption
- Tax Responsibility: Pay all applicable taxes, duties, and governmental charges
- Currency and Processing: Accept charges in USD and payment processing by third-party providers
- Late Payments: Understand that late payments may result in service suspension or termination
- Refund Policy: Acknowledge that fees are generally non-refundable except as required by law or our specific refund policy
- Price Changes: Accept that we may change pricing with appropriate notice to existing customers
- Subscription Cancellation: Cancel subscriptions according to the procedures outlined in your account settings
- Enterprise Agreements: Comply with custom pricing and terms for enterprise-level agreements
6. Intellectual Property Rights and Content Ownership
LinguaTrace retains all rights, title, and interest in our platform, technology, algorithms, and Services. Regarding content and intellectual property:
- Your Content Ownership: You retain ownership of your original audio content and any pre-existing intellectual property
- Processing License: You grant us a limited license to process your audio content solely to provide our Services
- Generated Content: Transcripts and related outputs are provided to you under license for your use
- Platform Rights: We retain all rights to our software, algorithms, user interface, and proprietary technology
- Trademark Protection: Our trademarks, logos, and brand elements remain our exclusive property
- User Feedback: Any feedback or suggestions you provide may be used by us without compensation
- Third-Party Content: You are responsible for ensuring you have rights to any third-party content you process
- DMCA Compliance: We comply with the Digital Millennium Copyright Act and will respond to valid takedown notices
- Open Source: Any open-source components are governed by their respective licenses
- API Usage: API access is subject to additional terms and usage restrictions
7. Data Processing, Privacy, and Security
Your use of our Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key aspects include:
- Data Processing Purpose: We process your audio content solely to provide transcription and related services
- Data Security: We implement industry-standard security measures to protect your data
- Data Retention: Audio files and transcripts are retained according to your account settings and our retention policies
- Data Location: Your data may be processed and stored in various geographic locations
- Compliance: We comply with applicable data protection laws including GDPR, CCPA, and other regulations
- User Controls: You have control over your data through account settings and deletion options
- Breach Notification: We will notify you of any data breaches that may affect your information
- Third-Party Sharing: We do not share your content with third parties except as outlined in our Privacy Policy
- Data Portability: You can export your data in standard formats
8. Service Availability, Performance, and Maintenance
While we strive to provide reliable service, we cannot guarantee uninterrupted availability. Our service commitments include:
- Uptime Goals: We target high availability but do not guarantee 100% uptime
- Maintenance Windows: Scheduled maintenance may temporarily interrupt service
- Performance Variations: Processing times may vary based on file size, complexity, and system load
- Capacity Management: We may implement usage limits during high-demand periods
- Service Updates: We regularly update our Services to improve functionality and security
- Emergency Maintenance: Unscheduled maintenance may be necessary for security or stability
- Third-Party Dependencies: Our service may be affected by third-party provider issues
- Geographic Availability: Services may not be available in all geographic regions
- Feature Changes: We may modify, add, or remove features with appropriate notice
- Beta Features: Some features may be offered in beta with limited support
9. Limitation of Liability and Disclaimers
To the maximum extent permitted by applicable law:
- Service Disclaimer: Our Services are provided "as is" without warranties of any kind
- Accuracy Disclaimer: While we strive for high accuracy, we do not guarantee perfect transcription results
- Liability Cap: Our total liability shall not exceed the amount paid by you in the twelve months preceding the claim
- Consequential Damages: We are not liable for indirect, incidental, special, or consequential damages
- Business Interruption: We are not liable for lost profits, business interruption, or loss of data
- Third-Party Actions: We are not responsible for actions of third parties or external services
- User Content: We are not liable for the content, accuracy, or legality of user-uploaded materials
- Force Majeure: We are not liable for delays or failures due to circumstances beyond our control
- Jurisdictional Limits: Some jurisdictions may not allow certain liability limitations
- Indemnification: You agree to indemnify us against claims arising from your use of our Services
10. Account Termination and Suspension
Either party may terminate this agreement under the following conditions:
- User Termination: You may terminate your account at any time through your account settings
- Our Termination Rights: We may suspend or terminate accounts for Terms violations or non-payment
- Data Retention: Upon termination, your data will be handled according to our retention policies
- Outstanding Obligations: Termination does not relieve you of outstanding payment obligations
- Service Access: Terminated accounts lose access to all Services and data
- Survival Clauses: Certain provisions survive termination, including payment obligations and intellectual property rights
- Notice Period: We will provide reasonable notice before termination except in cases of serious violations
- Data Export: You should export important data before account termination
- Refund Policy: Termination generally does not entitle you to refunds of prepaid fees
11. Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. For dispute resolution:
- Governing Law: California state law governs these Terms and any disputes
- Jurisdiction: Courts in Los Angeles County, California have exclusive jurisdiction
- Arbitration: Certain disputes may be subject to binding arbitration
- Class Action Waiver: You waive the right to participate in class action lawsuits
- Informal Resolution: We encourage informal resolution of disputes before formal proceedings
- Limitation Period: Claims must be brought within one year of the cause of action
- Injunctive Relief: We may seek injunctive relief for intellectual property violations
- Attorney Fees: Prevailing party may be entitled to reasonable attorney fees
12. Modifications to Terms and Service Changes
We reserve the right to modify these Terms and our Services:
- Terms Updates: We may update these Terms to reflect changes in law, business practices, or service features
- Notification Process: Material changes will be communicated via email, in-app notifications, or website announcements
- Effective Date: Changes become effective on the date specified in the updated Terms
- Continued Use: Your continued use after changes constitutes acceptance of the updated Terms
- Objection Rights: If you object to changes, you may terminate your account
- Service Modifications: We may add, modify, or discontinue service features with appropriate notice
- Pricing Changes: Pricing modifications will be communicated in advance to existing customers
- Legacy Support: We may provide transition periods for significant service changes
13. Contact Information and Support
For questions about these Terms of Service or our Services, please contact us:
General Inquiries: [email protected]
Legal Department: [email protected]
Phone: +1 917-536-8294
Mailing Address:
LinguaTrace Inc.
Legal Department
4211 S Van Ness Ave
Los Angeles, CA 90062, USA
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM PST
We will respond to your inquiries within 2 business days. For urgent matters, please call our support line.