IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING A [insert company details] ONLINE ACCOUNT OR THE [insert company details] NATURAL LANGUAGE PROCESSING SERVICES. BY USING, APPLYING FOR, OR ACCEPTING THE SERVICES OR BY CLICKING ON “I AGREE TO TERMS AND CONDITIONS” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE A [insert company details] ONLINE ACCOUNT OR THE [insert company details] NATURAL LANGUAGE PROCESSING SERVICES.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
1. Services Provided by the Company
1.1 The services of [insert company details] (hereinafter referred to as the provider) encompass all services offered or defined on the website [insert website], including the provision of workshops and trainings, which may be conducted independently or as part of another service (hereinafter referred to as services).
1.2 The service provider is [insert company details].
1.3 The customer of the provider is any legal or natural person who has established a business relationship with the provider through the aforementioned websites or in another appropriate manner for the use of services (hereinafter referred to as the customer).
1.4 The user of the provider’s services is any legal or natural person who uses the services (hereinafter referred to as the user).
1.5 The client of the provider is any customer or user of the provider’s services (hereinafter referred to as the client).
2. Validity and Use of General Terms and Conditions
2.1 The general terms and conditions of the provider are binding for all clients, with the general provisions (Part I) applying to all services, while specific provisions (Part II) may also apply to individual services in addition to the general provisions.
2.2 These general terms and conditions also apply to clients who use the services based on a contract or another relationship with a third party, which is not the provider and has a contract with the provider, based on which the provider grants this third party the right to grant its users the right to use the services. In such cases, by accepting these general terms and conditions or using the services, no contractual relationship is established between the provider and the user. In case of discrepancies between the provisions of these general terms and conditions and the contract between the third party and its user, the provisions of these general terms and conditions shall apply.
2.3 By using the provider’s services, the client confirms that they are familiar with the entire content of these general terms and conditions, understand them, and fully accept them.
2.4 The general terms and conditions, together with the completed service order through the provider’s websites, have the nature of a contract concluded between the provider and the customer. If the provider and the customer conclude a contract in written form, the general terms and conditions supplement the contractual provisions. In case of discrepancies, the specific provisions of the contract take precedence over the provisions of the general terms and conditions.
2.5 The service price lists of individual providers, which are published on the provider’s websites, are an integral part of these general terms and conditions (hereinafter referred to as the price list).
2.6 The providers are entitled to change the provisions of these general terms and conditions without prior notice to the clients, including changes in the prices of individual services, with the date of change being the publication on the provider’s websites.
2.7 Clients are obliged to monitor the providers’ websites weekly for possible changes to the general terms and conditions, as they take effect directly within 15 days of publication and the business relationship continues under the changed conditions.
2.8 In the case of changes to the price lists, the changed prices apply from the date of publication.
3. Prices and Commercial Terms
3.1 All prices in the price lists or on the websites are in euros (€) and, unless otherwise specified, include the legally prescribed value-added tax (VAT).
3.2 The subscription fee for services is charged for the billing period specified in the price lists, according to the applicable price list at any given time. If the billing period is not specified for individual services in the price lists, the billing period is one calendar month. Services that are billed once are charged at the time of order.
3.3 The client undertakes to pay the provider for the services within 15 days of the invoice issuance. If the client is in default of payment for any invoice for more than 20 days, the provider has the right to immediately suspend the delivery of all services without prior notice. The provider is not liable for any property or non-property damage that may be incurred by the client due to the suspension of service delivery by the provider.
3.4 The same consequences for the client occur if, after the expiration of the period for which the contract or service was ordered, the client does not accept the provider’s first new offer and does not pay the amount according to the offer. The provider suspends the delivery of services to the client upon the expiration of the period for which the contract was concluded or the service was ordered.
3.5 If the provider does not send an offer to the client, it is considered that the provider does not wish to establish a business relationship, and in such a case, no obligation can arise for the provider, nor is the provider liable for any damage due to the omission of providing the offer.
3.6 The client acknowledges and agrees that the provider has the right to charge the client administrative costs related to the refund in the case of overpayment, incorrect or duplicate payment, in the case of issuing a partial or full credit note by the provider, etc.
3.7 In the case when the client, who is not a consumer, requests the issuance of invoices in paper form, the provider has the right to charge the client administrative costs for issuing the invoice.
The client agrees that all communication between the customer, the customer’s representatives, and the provider takes place via email. This includes electronic invoices, offers and pro forma invoices, notifications about service expiration, warnings about violations of general terms and conditions, etc.
4. Conclusion, Duration, and Termination of Subscription Agreement, Payment Methods
4.1 Upon ordering services, the provider sends the customer an offer to the customer’s email address provided at the time of order. The business relationship is considered concluded, or the provider’s offer accepted on the day the customer transfers the payment to the provider’s transaction account. The business relationship is concluded, or the offer accepted under the condition that the provider does not terminate the business relationship within three (3) working days. The provider and the client agree that the termination can be sent via email. The offer is an integral part of the business relationship between the provider and the customer.
Images contained in the offer and other provider materials, including the website, are symbolic and cannot be referenced or used to make any claims against the provider.
4.2 The contracting parties can terminate the contract at any time and without notice by giving written notice to the other party if the other party, even after prior warning, violates the terms of this contract or causes damage to the other party.
4.3 If the provider terminates the contract in the case referred to in the previous paragraph, the client is not entitled to use the service they may have paid for or purchased in advance, nor is the provider obligated to pay compensation for the unused part of the service.
4.4 The contracting parties can terminate the contract at any time. If the provider terminates the contract, the notice period is 30 days. After the expiration of the notice period, the provider is no longer obligated to provide services and is not liable for any damage incurred by the client due to the termination of service provision.
4.5 Unless explicitly stated otherwise in the offer or in the written contract between the client and the provider, the contract between the provider and the client is concluded for an indefinite period, but the provider expressly reserves the right to change the price and other conditions for using the services during the term of the contract, for which a new offer will be sent to the client.
4.6 The provider can terminate the contract at any time with a 30-day notice period. It is also considered that the provider has terminated the contract if the client does not accept the first sent offer, which the provider sends in accordance with paragraph 1 of this article. In such a case, the contract terminates at the expiration of the 30-day period from the date the provider sent the offer to the client.
4.7 If the client terminates the contract and the provider receives the termination notice at least 15 days before the end of the current billing period, the contract terminates at the end of the last day of the billing period. If the provider receives the termination notice less than 15 days before the end of the current billing period, the contract terminates at the end of the last day of the next billing period. The client can only terminate the contract in writing with the company’s stamp and the signature of the responsible person.
4.8 If the contract is explicitly concluded for a fixed period, the provider will send a new offer to the client before the expiration of the period for which the contract was concluded, or the service was ordered. If the client does not accept the first offer and does not pay the amount according to the offer within the specified period, the contract terminates at the end of the last day of the period for which it was concluded. If the client accepts the offer, the contract continues, but the conditions specified in the offer apply, which thus becomes an integral part of the contract.
4.9 The client undertakes to settle all obligations that have arisen until the termination date. If the client terminates the contract prematurely in the case of prepayment for a certain period, they are not entitled to a refund of the prepaid amount, except in the case of gross violations of contractual obligations by the provider or if they exercise the right to withdraw from the contract without giving reasons under the conditions specified in paragraph 12.1 of these general terms and conditions.
4.10 If the provider has granted the client installment payment and the client has already started using the service, the provider will issue an advance invoice for each received payment, and an invoice after the payment of the last installment or its due date.
4.11 If the client does not pay a single installment in the case referred to in the previous paragraph, the provider may limit, disable, or otherwise prevent the use of the service already received by the client or prohibit participation in subsequent parts (modules) of the workshop. This also applies if the client fulfills other obligations to the provider based on other contracts, agreements, or orders.
4.12 When the client selects payment by credit card as the payment method for the provider’s service, the provider will not charge the card until the client has received the paid service or the service has started.
4.13 If the client withdraws from the contract with the provider according to the law or these general terms and conditions and the card has already been charged for the service amount, the provider will refund the paid amount to the credit card or otherwise agreed with the client.
4.14 The provider does not collect numbers and other data related to credit cards provided by users through any of the provider’s websites. These data are collected exclusively by credit card payment providers.
4.15 The client is obliged to take all reasonable measures to secure the security elements of the credit card used for payment on any of the provider’s websites, which allow the identification of the client and are linked to the client.
4.16 In case of credit card abuse in connection with payment on any of the provider’s websites, the client must immediately notify the provider and their payment service provider.
4.17 In case of credit card abuse, the client can address any claims to their payment service provider in accordance with the provisions of the Payment Services and Systems Act. The provider is not liable for damage incurred by the client due to credit card abuse.
5. Deadlines for Service Execution
5.1 When the subject of the order is a service to be performed or provided by the provider according to the client’s instructions (e.g., website creation, AI services installation, etc.), the provider must execute the service within the deadline specified in the offer, price list, or correspondence between the provider and the client. If different deadlines are specified for individual segments or items of the service in the offer or elsewhere, it is considered that the provider is not in default if the deadline for an individual segment or item is exceeded, but the entire service is completed within the stipulated deadline.
5.2 The deadlines for service execution can be extended at the client’s request if the provider agrees.
5.3 In case of force majeure, the deadlines for service execution are extended for the duration of the force majeure, provided that the provider notifies the client of the occurrence of force majeure as soon as possible. Force majeure also includes events originating from the provider’s sphere.
5.4 If for the start, continuation, or completion of the service by the provider the cooperation of the client is necessary or beneficial (e.g., choosing between multiple options, confirming proposed solutions, delivering content and materials, providing key information for execution, confirming domain transfer, etc.), and the client misses the agreed deadline or does not respond immediately to the provider’s prompt, the provider has the right to extend all stipulated execution deadlines by three times. If possible, the provider may, at its discretion, make appropriate choices and decisions instead of the client with due diligence. In such a case, the client cannot hold the provider responsible for the choice or decision.
5.5 If the execution deadline is extended according to the previous paragraph and the client does not fulfill their cooperation duty within the extended deadline, the provider may, at its discretion, insist on the contract or terminate it.
6. Copyright
6.1 When the provider includes its existing copyrighted work (e.g., software code, photograph, image, film, text, logo, etc.) in the service provided to the client, or when such a copyrighted work is created according to the client’s instructions and wishes, only those material copyrights that are necessary for the client to use the service in accordance with its economic purpose are transferred to the client, in the necessary scope and duration.
Regardless of the first paragraph of this article, the client can never acquire any rights to computer programs (applications, modules, etc.) developed by the provider or for which the provider holds material copyrights. This provision also applies if such an application was created or modified at the client’s request. The client only acquires a time-limited right to use such programs according to their economic purpose or in accordance with these general terms and conditions or the offer. The right to use from this paragraph can last no longer than the validity of the contract between the provider and the client. The usage period for the provider’s services for licenses valid on multiple computers begins upon installation on the first computer. The provider has the right to mark its authorship or material copyrights ownership at any time in a manner of its choosing, which may include its logo and a link to its website. This right of the provider cannot be limited by the fact that the client is paying for the provider’s services. The provider may change the method of marking authorship or material copyrights ownership at any time. The provider must not exercise its rights in a way that disproportionately interferes with the rights and interests of the client.
6.2 All other material copyrights, moral copyrights, and other copyrights not transferred to the client under the first paragraph of this article remain reserved by the provider.
6.3 Without the explicit written consent of the provider, the client is prohibited from interfering with the copyrighted works from the first paragraph of this article, modifying or adapting them, and transferring rights to these works to third parties.
6.4 Without the explicit written consent of the provider, the client has no right to access the source code of programs that are part of the service subject to the contract between the provider and the client or that support or enable its operation. The client also has no right to modify the source code.
6.5 If the service provided by the provider contains copyrighted works supplied by the client, the client guarantees to the provider that they hold the appropriate material copyrights to these works and is liable for any damage that the provider may incur due to claims by third parties related to these copyrighted works.
6.6 Unauthorized storage of copyrighted documents (files) and programs on servers is not allowed.
7. Transfer of Service to Another Provider
7.1 If the subject of cooperation between the provider and the client includes hosting or data storage services on or with the help of the provider’s hardware, and the client decides to transfer to a third party, the provider will execute such transfer only if the following conditions are met simultaneously:
• The client has settled all due obligations to the provider.
• The third party’s hardware and system software meet the technical requirements for the transfer; in case of doubt, the provider may request a written statement from the client and the third party.
• The client pays the anticipated transfer costs in advance, in accordance with the price list, based on a prior issued invoice from the provider.
Regardless of the first paragraph of this article, the transfer of websites and related services and content to another provider is not possible.
8. Competition and Data Protection
8.1 The provider and the client undertake to keep all information about the other party confidential, which they become aware of during their business cooperation, for the entire duration of the cooperation and for at least three (3) years after the termination of the contractual relationship.
8.2 Notwithstanding the provision of the previous article, the parties may publicly disclose and mention the fact of cooperation with the opposing party and the subject of cooperation (solution) among their references, and they may also publish web links to the solution provided or ensured for the customer on their website and in publications.
8.3 The information considered a trade secret under the first paragraph of this article may not be used by the parties themselves or jointly with others for purposes outside this contract, nor may they be disclosed to third parties or allowed to become acquainted with them.
8.4 Information and data that were publicly known and legally accessible (published) at the time of concluding this contract (e.g., on websites, in public records, in the media, etc.) are not considered trade secrets.
8.5 The parties undertake to protect the personal data of the employees and contractual collaborators of the opposing party, which they become aware of in the execution of this contract or in connection with it, in accordance with the Personal Data Protection Act.
9. Customer Support
9.1 Technical support is available to customers, usually via email or phone numbers published on the provider’s websites.
9.2 The provider is obliged to consider only support requests submitted through the provider’s websites or sent to the provider’s email addresses specified for such cases on the websites, from the contact email of the customer provided at the time of ordering the services (hereinafter referred to as the customer’s email).
9.3 The provision of support may be conditional or limited to a certain type of subscription relationship or the provider’s price list.
9.4 By placing an order for services, the customer allows the provider to send information, notifications, and survey questionnaires, directly or indirectly related to the provider’s services, to the customer’s email for the entire duration of the contractual relationship.
10. Rights and Obligations of the Provider
10.1 The provider’s services depend on the general operation of the internet network. The client understands that server availability depends on third parties, and the service provider will do everything in its power to ensure continuous and uninterrupted operation.
10.2 The provider undertakes to perform technical maintenance on the servers between 22:00 and 06:00. In case of a planned interruption longer than 2 hours, the customer will be notified via email or the provider’s websites at least 2 days before the intervention.
10.3 The provider has the right to use positive statements from customers obtained through emails and phone conversations for marketing purposes. The provider undertakes to anonymize the data and thus prevent the identification of the customer unless explicit consent is obtained from the customer.
10.4 The provider has the right to use data from server logs and other sources for analytics, better customer segmentation, and marketing to customers.
11. Exclusion and Limitation of Provider’s Liability and Client’s Responsibility
11.1 The provider is not liable for damage incurred by the client or in connection with the use of its services if the damage results from:
• The actions of the client or a person for whom the client is responsible or acting in the client’s interest.
• The actions of third parties.
• Force majeure; force majeure includes prolonged interruption or disturbance in the supply of electricity, unforeseen failure of hardware or software, internet network outage or access disruption, technical problems of the server colocation provider or other suppliers of products and services needed or used by the provider; these events are considered force majeure even if originating from the provider’s sphere.
11.2 Legal notices on the website created for the client by the provider serve solely as an example or as assistance to the client in drafting the text of legal notices. The provider advises clients to appropriately modify this text to meet their specific needs and the website’s purpose. The provider assumes no warranty or guarantee for the correctness of this text; the provider’s liability for any damage due to this text is excluded.
11.3 In any case, the provider’s liability is limited to the amount the client paid or should have paid to the provider in the last year before the damage occurred.
11.4 The provider is not responsible for the client’s files stored on the provider’s servers.
11.5 The provider is not responsible for damage incurred by the client or an associated person due to virus infections or other malicious code or due to hacking into the computer or information system.
11.6 The customer is responsible for creating and storing backups of their data located on the provider’s servers.
11.7 The user who causes damage to the provider or third parties when using the service must compensate for it according to general rules on liability for damages. Providing the necessary data for claiming compensation to the injured party or their authorized person, the court, or another competent authority does not constitute a breach of the user’s business secrets.
11.8 The client will use the latest versions of Microsoft Edge, Google Chrome, Mozilla Firefox, Apple Safari, Opera browsers when using the provider’s websites and applications. If the client does not use the latest versions of browsers, the provider is not responsible for incorrect operation or display of pages and applications.
12. Rights and Obligations of the Customer
12.1 Right to Withdraw from the Contract without Giving Reasons
In accordance with the Consumer Protection Act, the customer (consumer) has the right to notify the provider within 14 days that they are withdrawing from the contract without having to state the reason for their decision. The period for exercising this right begins on the day the contract is concluded. It is considered that the consumer has submitted the withdrawal statement on time if it is sent within the period specified for withdrawal. The provider will deactivate the service based on the customer’s withdrawal request. The customer incurs no costs for the return or deactivation upon withdrawal from the contract. To exercise the right to withdraw, the customer must inform the provider of their decision to withdraw from this contract with an unambiguous statement (e.g., by email to [insert company email]) or fill out the withdrawal form available to customers at this link.
12.2 The customer, who is a consumer, does not have the right to withdraw from the contract if:
• It is a contract for the supply of audio or video recordings, or computer programs and the consumer has opened the security seal or activated the program;
• The service has been fully performed if the company has begun performing the service based on the consumer’s explicit prior consent and with the understanding that they lose the right to withdraw from the contract once the service is fully performed (e.g., if the domain was activated in the meantime);
• It is for digital content not delivered on a tangible medium if the service began based on the consumer’s explicit prior consent and with the understanding that they lose the right to withdraw from the contract once the service is fully performed.
12.3 If the customer withdraws from the contract, the provider will refund all payments made as soon as possible, but no later than 14 days after receiving the withdrawal notice. The provider will refund using the same payment method used for the original transaction unless otherwise expressly agreed.
12.4 Customers, who are not consumers, have no right to a refund of the purchase price upon cancellation of ordered services or the contract after the provider has received their payment.
12.5 If there is a change in the information provided by the client at the time of ordering services, the client must notify the provider of the change in writing no later than 8 days after the change occurs. In addition to notifying the provider, the client must update the information in the user pages and other applications provided by the provider. The customer bears all adverse consequences of failing to notify the change of information, even if the deadline in the previous sentence has not yet expired.
12.6 The client is responsible for the confidentiality, protection, and use of access passwords and usernames for accessing services for themselves and their users. The client is responsible for the content of the services offered, for protecting confidential information, and for adhering to general moral and ethical standards. They must also comply with existing legislation regarding the publication and provision of information, services, and are responsible for all consequences of allowed and unauthorized use of ordered services for themselves and their users.
13. User Notifications and Purpose of Data Processing
13.1 The client is aware that the provider will occasionally send newsletters or other electronic messages related to the operation of services and their capabilities, news regarding services, changes or amendments to these general terms and conditions, informational articles, promotions, and benefits in using services, and other messages related to services to the customer’s email in accordance with paragraph 2 of Article 158 of the Electronic Communications Act (ZEKom-1). The client agrees that these notifications may also contain commercial messages (advertisements) from the provider or third parties.
13.2 The client acknowledges and agrees that the provider may record data on which customer read a particular email message and which web links in the message were opened (clicked) concerning sent email notifications. The client agrees that the provider may use such obtained data to tailor the offer and/or content of future email notifications sent to a specific customer.
14. Final Provisions
14.1 The provider and the client undertake to resolve disputes amicably. If this is not possible, the competent court at the provider’s registered office will decide on the disputes. The provider does not recognize any performer of out-of-court settlement of consumer disputes (IRPS). Electronic link to the online dispute resolution platform - ODR.
14.2 The relationship between the provider and the client is governed by USA law, without applying the rules on international private law and procedure.
14.3 The provider does not store the text of the contract. The contract can be concluded in English.
License
1. Grant of License: [insert company details] grants you a limited, non-exclusive, non-transferable, and revocable license to use its online voice and natural language processing services as well as any documentation, files, or website information accompanying the services (“Services”) solely to the extent necessary for you to create a natural language interface that operates solely in connection with your devices (“Devices”) and/or software services/applications (“Applications”). Any violation of the terms of this Agreement shall automatically revoke the license granted herein.
2. Limited License Service: Services include basic services (“Basic Services”) provided free of charge and enhanced services (“Enhanced Services”), which, if available, must be purchased. The licenses granted herein are contingent upon [insert company details]’s receipt of the applicable license fees and taxes due for the Enhanced Services.
3. Trial, Evaluation, and Beta Services: If this Agreement pertains to a trial, beta, or evaluation license, then the licenses granted under this Agreement will terminate upon the expiration or cancellation of the trial or evaluation period.
4. Restrictions: The licenses granted are only valid if: (I) the Services are not modified in any manner, (II) all copyright and proprietary notices in the Services are maintained in their original format, and (III) the Services are only installed and used in accordance with the relevant network security policies.
Services
1. Limited License: The licenses granted herein are only for the purpose of allowing you to connect to and use the Services for your personal or internal business use.
2. Delivery: [insert company details] shall provide you with a web interface and an API protocol-based interface necessary to use the Services. You agree to access the Services only through the Interface and will not create any derivative works of the Interface or the Services.
3. Storage: When using the Services, [insert company details] will save a copy of each record you designate as requiring storage. The saved records will be transferred over the Internet to a server operated by [insert company details] or an affiliate or partner.
4. Data Loss: [insert company details] does not maintain a backup copy of the data stored on our servers and does not guarantee the information against loss or destruction.
Ownership
1. No Ownership Rights: The Services are being licensed, not sold. This Agreement does not grant any ownership rights to you and gives you only a limited license to use the Services during the term of the Agreement.
Payment
1. You agree to pay all applicable fees as described on the website.
Restrictions and Representations
1. Lawful Use: The Services are solely for lawful purposes and use. You are responsible for ensuring that all use of the Services is in accordance with this Agreement.
Warranty and Disclaimers
1. No Warranties: The services are provided “as is” without any warranties, express or implied.
Limitation of Liability
1. Exclusions: Liability for death, personal injury, fraud, or gross negligence is not excluded or limited.
Termination
1. Term and Termination: This agreement is effective until terminated. You may terminate by notifying [insert company details].
BY USING, APPLYING FOR, OR ACCEPTING THE SERVICES YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THIS AGREEMENT.