Last updated: April 25, 2022
1. Agreement to terms
2. Intellectual and industrial property rights
The Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or, if applicable, it has the owner’s license or expresses authorization. All of the website contents are duly protected by the rules of intellectual and industrial property, as well as registered in the corresponding public registers. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution, and marketing, requires the provider’s prior written authorization. Any use not previously authorized by the provider will be considered a serious breach of the owner’s intellectual or industrial property rights.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Platform, the Content, and the Marks.
Provider acknowledges in favor of its owners the corresponding rights of industrial and intellectual property, not implying their mere mention or appearance on the website the existence of provider’s rights or responsibility for them, nor provider’s endorsement, sponsorship, or recommendation. To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so through the following email email@example.com.
3. User representations
By using the Platform, you represent and warrant that:
- You will not upload Content that contains viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of the Platform (or any part of it) or another’s computer or property.
- You will not infringe others rights such as, but not limited to, intellectual property rights.
- You will not falsify or delete any copyright management information including material contained in a file that is uploaded.
- You will not attempt to damage, disable, overburden, or impair the Platform or a Verbio server or any network connected to the Verbio Speech Center.
- You will not use the Platform for any illegal or unauthorized purpose.
- Your use of the Platform will not violate any applicable law or regulation.
- You will not copy, modify, or create a derivative work of the Services; reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of, the Services; sell, resell, sublicense, transfer, or distribute any or all of the Services;
If you provide any information that is untrue, inaccurate, not current, incomplete, inappropriate or illegal, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
5. Fees and payment
You will pay all fees set forth on the registration form. After the registration is accepted, unless otherwise specified, Verbio will submit an invoice to you and payment will be due 30 days from receipt of an undisputed invoice, unless otherwise set.
If you use all purchased hours under your subscription tier to the end of the subscription term, you will be notified that you will not be able to use the Platform until the beginning of the next term, unless you choose to upgrade the selected subscription tier.
If any undisputed, invoiced amount is not received by Verbio by the due date, then: (i) those charges may accrue late interest at the rate of 1.0% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower; and (ii) Verbio may condition future subscriptions on receipt of payment for previous subscriptions and/or payment terms shorter than those specified. The fees payable hereunder are exclusive of any sales taxes (unless included on the invoice), or similar governmental sales tax type assessments. Unless you provide Verbio with a valid exemption certificate, you are solely responsible for paying all Taxes associated with or arising from this Agreement and shall indemnify and/or reimburse Verbio for all Taxes paid or payable by, demanded from, or assessed upon Verbio. (iii) Verbio may withdraw or suspend the provision of Services at any time in the event that you have any outstanding economic payment for the contracted Service/Product, however you may request the services again, provided that the reasons that led to its withdrawal or suspension have been duly corrected or eliminated
6. User data
We will maintain the necessary data that you transmit to the Platform related to your utilization habits such as amount of minutes processed, origin of the query, or time of the day of the request. We will not store neither the audios you sent to the Platform nor the result processing these audios in order to offer you a fully confidential working environment and maintain your privacy rights. We will also not store any other language resources that you upload to the platform for a specific and particular purpose. We maintain industry-standard physical, technical and, and administrative safeguards in order to protect data. However, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we are not responsible and shall have no liability to you or any third party for any loss or corruption of any such data or bad accuracy results and you hereby waive any right of action against us arising from any such loss, corruption or inaccuracy of such data.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT VERBIO SPEECH CENTER AND ALL ITEMS AND SERVICES PROVIDED IN CONNECTION THEREWITH ARE BEING PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR ARISING BY LAW, REGARDING VERBIO SPEECH CENTER (INCLUDING THE PLATFORM, AND ANY RELATED SERVICES) OR ANY CONTENT OR OTHER ITEMS YOU MAY FIND ON VERBIO SPEECH CENTER, INCLUDING WITHOUT LIMITATION REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, PERFORMANCE, SECURITY, ACCURACY OR COMPLETENESS OF VERBIO SPEECH CENTER. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WITHOUT LIMITING THE FOREGOING, VERBIO SPEECH CENTER DOES NOT REPRESENT OR WARRANT THAT (A) VERBIO SPEECH CENTER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULTS; (B) ANY TRANSCRIPTION, DATA, ANALYSIS OR REPORTS WILL BE ACCURATE OR RELIABLE; (C) MINOR ERRORS OR DEFECTS WILL BE CORRECTED; (D) THAT VERBIO SPEECH CENTER WILL BE UNINTERRUPTED OR FREE FROM BUGS, ERRORS, OMISSIONS OR INTERRUPTIONS; OR (E) VERBIO SPEECH CENTER OR THE SERVERS THAT MAKE VERBIO SPEECH CENTER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VERBIO IS NOT RESPONSIBLE FOR ANY TECHNICAL SUPPORT.
VERBIO IS NOT RESPONSIBLE AND LIABLE FOR ANY FORCE MAJEURE EVENTS THAT CAUSE THE SUSPENSION, INTERRUPTION OR TERMINATION OF THE SERVICES.
8. Term and Termination
This Agreement begins on the date of acceptance by signature or when Verbio gives you access to the platform by sending you the access credentials (in the form of authorisation tokens, passwords, or other) whichever happens first and will end by written notice of one party to the other (i) at any time, without cause, (ii) inactivity of the use of the services for a period of 6 months, (iii) material breach of the terms hereby by one party, (iv) cease of business of a party, and (v) Insolvency of a party.
9. Data of the holder
Company Name: VERBIO TECHNOLOGIES S.L.
Registered in the Mercantile Registry of Barcelona, volume 43.214, folio 196, page B-196.806
Registered office: Av. de Roma, 157, 1st floor, 08011, Barcelona, Spain
10. Applicable Jurisdiction and Law