Terms of Service
Acceptance of Terms of Service
Welcome to the SpeakerText service, owned by CloudFactory Limited (“CloudFactory”). SpeakerText is a cloud-based transcription and captioning service that combines advanced technology with a managed and curated workforce of transcriptors in order to provide ultra-fast, highly accurate and affordable transcriptions and closed captions to make your media accessible, discoverable and actionable.
When you use www.speakertext.com (“SpeakerText”), the Terms of Service (“Agreement”) set forth here are a binding legal agreement between you and CloudFactory Limited. ("CloudFactory" or "we"), regarding your use of the SpeakerText services, and software available at www.speakertext.com (the website, services, and software are collectively referred to as the "Service") . We may periodically make changes to this Agreement. By accessing or using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. It is your responsibility to review the most recent version of this Agreement frequently and remain informed of any changes to it. If you continue to use the Service after we modify this Agreement, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of this Agreement, you must not use the Service.
By establishing an account with SpeakerText and using the Service you agree, without limitations or qualification, to be bound by and to comply with the Agreement. Upon acceptance of this Agreement, CloudFactory hereby grants you a limited, personal, non-exclusive, non-transferable license to: (a) install and use the proprietary CaptionBox software code that enables the display of SpeakerText’s interactive video transcript files ("Software") on websites owned or controlled by you, solely to display Transcripts; (b) modify the functionality of the Software for use in accordance with subsection (a) of this paragraph. This Agreement does not grant you any right to distribute any Software or modifications of the Software. Any modification you make to the Software must retain a SpeakerText logo on the bar beneath the video window. You will not obscure the SpeakerText logo in any way. The size of the SpeakerText logo must be at least 22 x 74px. You will comply with all reasonable guidelines, if any, communicated by SpeakerText concerning your use of SpeakerText’s logo. You may not use any other SpeakerText branding, logos, trademarks, or service marks without SpeakerText’s prior written consent.
Scope of Service
The Service enables registered users to access English-language transcription ("Transcript") and time-based metadata creation services, including access to transcripts for content you make available to the Service .
SpeakerText defines accuracy in the following ways: (1) words have the correct spelling; (2) sentences and phrases make sense; and (3) text in next exact representation of spoken words. We do not include unintended dialogue such as “uh”, “umm”, stuttered speech or difficult proper nouns.
SpeakerText transcribes what is in the provided media and does not correct grammar. If for some reason Client claims that the transcript fails to comply with acceptable accuracy levels, the Client has thirty (30) days to notify SpeakerText on the discrepancy. At such a time, SpeakerText can inspect the transcript and correct any deficiencies to deliver an updated transcript.
Agreement to Pay for Service
We may charge fees for certain services ("Paid Services"). When you purchase any Paid Services, you authorize SpeakerText to direct its third party payment processors or to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in US dollars, including all applicable taxes. If SpeakerText does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and SpeakerText may suspend your access to the Services. You may cancel your account at any time. All sales are final and SpeakerText will not issue refunds, including for prepaid monthly fees, except as expressly provided in this Agreement.
To promote your happiness as a human being and customer, SpeakerText has a 100% Satisfaction Guarantee for a purchased Transcript. Here’s how it works: Once SpeakerText sends you a Transcript, you have 30 days from the date of delivery to reject this Transcript, which you can do sending an email to email@example.com". If you reject what we’ve sent you and tell us specifically why you’re not satisfied, we will, at our discretion, either re-transcribe the video and re-create the video metadata promptly at no additional cost, or refund you the price you paid for the rejected Transcript (not including prepaid monthly fees). All rejections must be communicated to SpeakerText via the above web interface.
You must register to use certain features of the Service. When you register, you agree to: (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at firstname.lastname@example.org.
As a part of the Service, you may transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including requests for transcriptions to us ("User Content"). You must not transmit or store User Content via the Service unless you own all necessary rights, or have permission from the rightful owner of the User Content, to do so. SpeakerText reserves the right to limit the number of days that that we retain User Content and transcriptions.
SpeakerText agrees that each User owns all rights, title and interests in and to all of the submitted User Content and transcription work that is provided as part of this service, and that SpeakerText may not use the User Content or any of the subject work provided by SpeakerText to each User, in any manner, including but not limited to, distribution to the public or to any third party, without the express prior written consent of each User which shall be granted or withheld in each User's sole discretion.
Although SpeakerText will not necessarily review User Content, SpeakerText reserves the right to refuse, review, remove, or delete any User Content posted, stored, or transmitted through the Service, at any time and for any reason without notice. You remain solely responsible for any liability arising out of your User Content or SpeakerText's failure to transmit or store your User Content. Under no circumstances will SpeakerText or our stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your User Content.
You must comply with all applicable laws when using the Service. Any submitted User Content is subject to SpeakerText acceptance, which it may exercise in its sole and absolute discretion. SpeakerText has the right to reject any source material for any reason, including:
- User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- User Content that infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party
- Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Unsolicited or unauthorized advertising, pyramid, or any other form of solicitation; or
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Except as may be expressly permitted by applicable law or authorized by SpeakerText in writing, you will not, and will not permit anyone else to: (a) use any automated tool (e.g., robots, spiders) to access or use the Service; (b) rent, lease, sublicense, or provide your access to the Service to another person; (c) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (d) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (e) destroy, remove, alter, or obscure any proprietary markings or notices (including copyright, trade secret, trademark, and patent notices) on or contained in any portion of the Service or any supporting media; or (f) circumvent or manipulate our fee structure.
You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. By using the Service, you represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the terms of this Agreement. The Service is not intended for those under the age of 18.
We may terminate this Agreement and your access to the Service, at any time and for any reason. If we suspect that you have violated any provision of this Agreement, we may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. We are not liable to you or any third party for any losses resulting from termination of your access to the Service.
We respect the intellectual property rights of others, and ask you to do the same. We will terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been used in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
By using the SpeakerText Service You agree to defend, indemnify and hold harmless SpeakerText, its subsidiaries, affiliates and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of this Agreement, or your violation of any rights of a third party.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications will include notices about your account and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
General Legal Notices
SpeakerText assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings or any other economic loss resulting from your use of the Service. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to in full force and effect. Any provision in this Agreement that by its nature should survive the termination of your license to access the Service or any termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. This Agreement is the entire agreement between you and SpeakerText concerning the Service, and supersedes all prior agreements or communications between you and SpeakerText regarding the subject matter of this Agreement.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPEAKERTEXT AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPEAKERTEXT DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY USER CONTENT SENT BY YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE AMOUNT OF TIME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPEAKERTEXT OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
NEITHER SPEAKERTEXT NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPEAKERTEXT, ANY LICENSOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. THE MAXIMUM TOTAL LIABILITY OF SPEAKERTEXT, ITS LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE LESSER OF (A) THE AMOUNT PAID BY YOU TO SPEAKERTEXT DURING THE SIX MONTHS PRECEDING THE CLAIM OR (B) $500. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SpeakerText, the SpeakerText logo, and any other product or service name or slogan contained on the Service are trademarks of CloudFactory Limited and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
If you have any questions or concerns about this Agreement or the Services, please send us a thorough description by email to email@example.com