Transcriber is provided by Binaries Studio (hereinafter, as permitted/required by context, “we”, “our”, “us” or “developer”). Now let us introduce Transcriber. Transcriber team has developed high quality and easy to use transcriber app for iOS. In a nutshell, Transcriber allows users to record audio of any available language, transcribe it into text and transfer it via e-mail, as well as save it to one of the supported cloud services. The complete overview of the apps (hereinafter “App” or “Transcriber”) is available on our website under the following URL: https://transcriber.binariesstudio.com .
1.1. These General Business Terms and Conditions (hereinafter “GTC”) plus potential Special Business Terms and Conditions (hereinafter “STC”) as defined in section 1.4 below constitute the sole and exclusive legal basis for Consumers and Businesses (hereinafter “You”) to access and use Transcriber.
1.2. Under § 13 BGB [Buergerliches Gesetzbuch – German Civil Code], Consumers are natural persons who enter into a legal transaction for a purpose that cannot be ascribed either to their commercial or to their independent professional activities. Minors under the age of 14 may not use Transcriber without the permission of their parents or guardians.
1.3. Under § 14 BGB, Businesses are natural persons or legal entities, or partnerships with legal capacity, which in entering into a legal transaction are acting in the exercise of their commercial or independent professional activities.
1.4. For certain applications or services within the Transcriber App, it may become necessary for the developer to agree on additional Special Business Terms and Conditions (“STC”) with you. These conditions will supplement the existing GTC, but can also deviate from them. In the event that they differ, the provisions of the STC shall take precedence over these GTC. We will, of course, give timely notice to you of the necessity of agreeing on STC prior to use.
1.5. In addition to any GTC and STC, additional terms of the relevant distribution platform (e.g. iTunes) may apply for your purchase and download of the Apps; in the event of any conflict between the GTC/STC and such additional terms, the GTC/STC take precedence.
1.6. To the extent that third parties (hereinafter “Partner Companies”) offer you services using Transcriber, the respective Partner Companies are solely responsible for such services. We will inform you in a timely manner prior to such use that you are using offerings by Partner Companies for which the Partner Companies may possibly have their own general business terms and conditions.
1.7. This GTC are available on the Transcriber website as well as within the Apps under “Settings” (gears icon), allowing you to access them at any time, as well as download, save and read them on your Mac, PC or other devices.
2. SUBJECT MATTER OF THE AGREEMENT AND SERVICES
2.1. The subject matter of this agreement is the provision of the App “Transcriber” for recording, saving and transferring audio files as well as its text transcribed. Transcriber allows you to record an audio of any available language and save it in the app, and later on transcribed with Google Speech API (hereinafter, as permitted/required by context, “API Provider”) it into text format. The file can then be used by other apps on the respective device, printed or transferred, e.g. via e-mail, as well as archived to one of the supported cloud services.
2.2. The scope of features is defined in the respective product description. The features of the respective Transcriber app vary per operating system, device, and app version. In particular, Transcriber contains additional features available in-app purchase, which are not included in the free versions. In the future, the Apps may comprise further services. In this case, we may provide you with additional terms and conditions.
2.3. The use of Transcriber special features, i.e. lock your voice memos with a passcode (Touch ID when available on the device), is subject to a one-time fee to be paid prior to download. The use of Transcriber is free of charge.
2.4. Additionally, you can purchase so-called „Credits” within the app. Credits enable you to transcribe your voice memos recorded from within the app. By transcribing your voice memo, the number of Credits will be deducted according to the audio duration recorded, purchased by you as shown before sending will be deducted from your overall number of Credits. This GTC shall apply accordingly for the purchase of Credits.
2.5. If you transcribe audio using the App, the credits will be deducted from the overall number of credits only if there will be a response from the API Provider, otherwise, it will not be deducted from the overall number of credits. Transcriber and the developer are not responsible for wrong or blank responses from the API Provider. The API Provider reads the audio data and returns the string value, which is presented by the app. Transcriber and the developer is responsible for the service within the app apart from the transcriber API Provider.
2.6. We may offer you the opportunity to purchase services from Partner Companies or third parties. Upon accepting offers of this type, a contractual relationship arises exclusively between you and the respective Partner Company or third party. We do not assume any responsibility whatsoever for the performance or services rendered by these Partner Companies or third parties in general. You will be informed in due time during registration for the respective service if there are any fees associated with the use of such services.
2.7. Your Internet connection, the maintenance of the network connection and the procurement and availability of the hardware and software required to use Transcriber are not the subject matter of these GTC. Thus, in order to be able to use Transcriber, you must ensure under your own responsibility that Internet access and all other technical devices required are in place and must bear related fees yourself.
2.8. In case of upgrading to a new device, and/or restoring/erasing device data, depending on some special circumstances, there will be no guarantee that the consumable purchases will be restored and before upgrading/ restoring/ erasing device data, an email must be sent to email@example.com with the requested upgrade.
3. CONCLUSION OF THE AGREEMENT
3.1. The agreement for the provision of the App in the free version Transcriber, including the granting of usage rights to the App, is concluded, when you click on the button “Install” which is placed on the product description page at the respective App Store.
3.2. During in-app purchases, the agreement shall be concluded, when you select the relevant product within the App and then click the “Buy” button of the payment function offered by the relevant App Store.
3.3. The agreement can be concluded in the English language.
4. YOUR RIGHTS AND OBLIGATIONS
4.1. You shall use the Apps solely in compliance with applicable law, these GTC and potential STC, if applicable. In particular, you must ensure that the information you disseminate or make publicly accessible via or in the context of the Apps (i) does not violate the rights of third parties (e.g. right to privacy, rights to one’s own image, copyrights, trademark rights and the like) and (ii) does not violate applicable law (e.g. child protection legislation) in any other way. If and as far as data or content entered, disseminated or made publicly accessible by you involves personal data of third parties, you shall be responsible for obtaining the consent of the affected individuals. You shall not spy on or impede other users while using the Apps, nor use the Transcriber App and/or related services for anything other than their intended purposes or in any way which disrupts or overburdens its technical operations. In particular, the Transcriber App may not be used for any of the following:
a) Disseminating content or making content publicly accessible that contains programs or files which could damage the hardware or software of the developer or other Users (e.g., viruses, worms, Trojans and the like)
b) Disseminating content that is harassing, defamatory, threatening, obscene, hate-inciting, racist or in any other way legally objectionable by email or by other means or making such content publicly accessible
c) Pretending to be another person, e.g. a representative of the developer team or someone who is, in any other way, responsible for the Transcriber App or any services associated with it, or falsely laying claim to a relationship to such persons
d) Falsifying headers or otherwise manipulating identifiers in order to conceal the source of content that is transmitted in connection with the services
e) Disseminating content by email or by other means or otherwise making content publicly accessible for which you have no right to transmit (e.g. based on a duty to maintain confidentiality or the like)
f) Disseminating content by email or by other means or otherwise making content publicly accessible that violates the rights of third parties, in particular patents, trademarks, and copyrights, including the rights of photographers, film-makers, composers and interpreters of musical works, etc., business secrets or other proprietary rights
g) Disseminating by email or by other means commercial advertising, junk mail, unsolicited mass email (“spam”), chain letters or pyramid schemes or otherwise making these publicly accessible
h) Using our services and/or the Transcriber App for or in the context of any unlawful activity
i) Disrupting the service’s technical operations or interrupting the normal flow of communications
j) Interfering with any of our services or related servers and networks, thereby impairing or interrupting their function or violating regulations, procedures or other rules for the use of networks that are associated with the services.
4.2. You are solely responsible for ensuring the proper security of the content you have created with the Transcriber app and/or made public, stored, transmitted or received in connection with the services; we are not responsible for the operation and/or accessibility of third party cloud storage services you may use to store your data captured with the Transcriber app.
5. UPLOADED FILES
5.1. You agree that any files or data uploaded or transferred by you via Transcriber shall be your sole responsibility. You shall not infringe or violate the rights of any other party or violate any laws, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
5.2. You shall comply with the applicable terms of any third party cloud hosting service you may use to store any of the data captured with the Transcriber app.
6. GRANTING OF RIGHTS
6.1. The developer grants you a personal, non-exclusive, non-transferable, non-sublicensable, perpetual, worldwide license to use the Transcriber App as provided to you by the developer in accordance with this agreement.
6.2. You may use copies of the Transcriber App only to the extent required for the contractual use of the software. You may not lease the Transcriber App to any third party or otherwise make it temporarily accessible to any third party with or without any fee.
7.1. You hold the developer harmless from all claims, including claims for damages, that other Users or any other third parties, including public agencies (“Third Parties”), assert against the developer on account of a violation of their rights by the content uploaded by you in or with the help of Transcriber. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to the developer as a result of your violation of the rights of other Users or Third Parties. All further rights, as well as claims for damages on the part of the developer, shall remain unaffected. You have the right to prove that the developer actually incurred lower costs.
7.2. The above duties shall apply only to the extent that you are responsible for the infringement in question; that is, insofar as you have knowingly and intentionally committed this act or have ignored the standard of due care required in normal business practice.
8. PAYMENT AND INVOICING
8.1. The provision of the free version Transcriber shall be free of charge.
8.2. In all other cases, you shall pay the developer the fee agreed upon during the conclusion of the Agreement in the relevant App Store. Payment falls due prior to download of the Apps.
8.3. All payments and prices are understood to include the statutory value-added tax currently in effect at the time unless specifically noted at https://transcriber.binariesstudio.com. Each Tier is defined by location, and/or country by the store provider.
8.3.1. Minutes’ Credit: The prices for the minutes’s credit are divided in four options. 5min (Tier 1), 15min (Tier 2), 30min (Tier 3), 60min (Tier 5).
8.3.2. Lock Feature: Tier 1.
8.3.3. Cloud Feature: iCloud (Free), Dropbox (Tier 5).
8.4. Invoices will be issued electronically. You hereby consent to the electronic issuance of invoices.
9.1. For the free version Transcriber, the developer offers warranty in accordance with the applicable legal provisions.
9.2. Furthermore, the developer warrants that the Transcriber Apps have the characteristics and functionalities set forth in the product description on the relevant distribution platform. You shall immediately inform the developer by email of any defect.
9.3. The developer does not offer any warranty for errors you have caused by damaging or incorrectly operating the Transcriber App. A warranty shall also not exist if you or a third party have modified the Transcriber App unless you are able to prove that the defect was already present in the unmodified Transcriber App as provided by the developer.
9.4. The User shall assist the developer without compensation in the elimination of the defects, and shall, in particular, furnish it with all necessary information, documentation, etc. that the developer requires for the analysis and elimination of the defect.
9.5. Furthermore, you shall be entitled to the statutory warranty rights.
9.6. If you are a business, your warranty claims shall expire one year after the transfer of perils.
10.1. For the provision of the free version Transcriber, the developer is liable in accordance with the applicable legal provisions.
10.2. Notwithstanding the foregoing, the developer shall bear unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.
10.3. In cases of slight negligence, the developer is liable in the event that an essential contractual obligation is infringed. An essential contractual obligation in the sense of this section is an obligation, the performance of which is necessary for the Agreement to be carried out and, therefore, an obligation whose performance the contractual partner regularly relies on.
10.4. The liability according to Section 10.3 is limited to the typical and foreseeable damage apparent at the time of the conclusion of the Agreement.
10.5. You undertake to regularly back up the data stored via the App, to the extent possible. In the event of data loss, the liability of the developer under Section 10.3 shall be limited to the costs that would have occurred had you performed appropriate data backup.
10.6. In the event of data loss, the developer’s liability according to Section 10.2 shall be limited to the amount that would have occurred for data restoration with proper and regular backups in accordance with Section 4.2.
10.7. The limitations of liability apply correspondingly to employees, representatives and vicarious agents of the developer.
10.8. Any liability of the developer for warranties expressly indicated as such and for claims due to the Product Liability Act shall remain unaffected.
10.9. Apart from that, any liability of the developer shall be excluded.
10.10. Vis-à-vis Businesses, claims shall become time-barred within one year starting from the occurrence of the claim provided that they do not result from injury to life, body or health and slight negligence has not been ruled out. If the user is a consumer, the relevant statutory provisions on the statute of limitations for claims apply.
11.1. Explanations or notices to you will be published by the developer via the Apps or will be sent to you by email.
11.2. You are asked to report violations of your copyrights to the developer’s legal department. In the process, the developer requests the following information to be made available:
a) an electronic or handwritten signature of the person who is authorized to act on behalf of the holder of the right
b) a description of the copyright protected work with respect to which rights were infringed, in your opinion
c) a description of where the material is located that, in your opinion, infringes on copyrights
d) your address, telephone number, and email address
e) a declaration that, to the best of your knowledge and belief, the contested use is not permitted by the holder of the copyright, his authorized representative or by provisions of law
f) a declaration in lieu of an oath that the foregoing information is truthful and that you are the holder of the copyrights or are authorized to act in the name of the copyright holder.
11.3. You can reach the Legal Department via email to firstname.lastname@example.org
12. RIGHT OF WITHDRAWAL FOR CONSUMERS
If you are a consumer, you have a right of withdrawal in accordance with the following instruction:
Right of Withdrawal
You have the right to withdraw from this Agreement without stating any reason within fourteen days when the purchase has not been used yet. The withdrawal period shall be fourteen days from the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the goods. In the event of an agreement on several goods, which you have ordered within the framework of a standard order and which are delivered separately, the period shall begin on the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the last item.
To exercise your right of withdrawal, you must inform us (email@example.com) of your decision to withdraw from this Agreement by clear declaration (e.g. a letter sent by e-mail). To this end, you may use the attached withdrawal form template. This, however, is not mandatory.
To observe the withdrawal period, it is sufficient if you send the notification on the exercising of the right of withdrawal before the expiry of the withdrawal period. Consequences of Withdrawal
If you withdraw from this Agreement, we must refund all payments received from you, including the delivery costs (with the exception of additional costs that result from you choosing a form of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of your withdrawal from this Agreement is received by us. For this refund, we use the same means of payment as you used when making the original transaction unless expressly agreed otherwise with you; in no event will you be charged fees caused by this refund. End of Withdrawal Instruction
Withdrawal form template
(If you wish to withdraw from the agreement, please fill in this form and return it to us.)
I/We (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
App Serial Number (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notifications)
(*) Delete as applicable.
13. COMPLAINTS PROCEDURE
13.1. The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at http://ec.europa.eu/consumers/odr/. The developer is neither willing nor obliged to participate in a dispute settlement proceeding before a consumer arbitration board.
14. GENERAL PROVISIONS
14.1. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of law rules, shall apply. This does not apply for consumers with regard to such provisions, which – according to the law apply if this clause would not exist (which is, in general, the law of the Consumer’s primary residence) – are legally compulsory and cannot be waived by parties´ agreement.
14.2. If you are a Consumer and do not have a place of residence in Germany or in another EU Member State, or if you move your permanent residence abroad after the effective date of these conditions, or if at the time a complaint is filed your residence or customary abode is unknown, the developer’s registered office shall be the exclusive place of jurisdiction for all disputes arising under these GTC.
14.3. In the event of legal disputes with Businesses, Karlsruhe, Germany is agreed upon as the sole place of jurisdiction.
14.4. If individual provisions of these GTC are or become ineffective, and/or conflict with provisions of law, the validity of the remainder of the GTC shall not be otherwise affected. The contractual parties shall replace the ineffective provision by mutual agreement with a provision that comes as close as possible to the intent of the ineffective provision. This shall apply accordingly to gaps.