Terms of Service

Last updated: January 23, 2025

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When we say "Company", "we", "our", or "us" in this document, we are referring to MB Fuerte vision, a company registered in Lithuania.

When we say "Services", we mean any product created and maintained by MB Fuerte vision, including our AI-powered transcription platform, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say "You" or "your", we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

Account Terms

  • You are responsible for maintaining the security of your account. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You may not use the Services for any unlawful, unethical, or immoral purpose. This includes but is not limited to transcribing copyrighted content without permission, illegal recordings, or content that violates privacy rights.
  • You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  • For paid Services that offer a free trial or free tier, we explain the usage limits when you sign up. After exceeding free tier limits, you need to pay in advance to continue using premium features.
  • If you are upgrading from a free plan to a paid plan, we will charge your payment method immediately and your billing cycle starts on the day of upgrade.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. As a Lithuanian company, we charge 21% VAT for EU customers where required. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
  • For EU consumers: You have a 14-day right of withdrawal from the date of purchase, unless you have explicitly waived this right by using the service during this period.
  • All purchases are generally non-refundable after the withdrawal period. You can cancel any paid services at any time through your account settings. For paid subscriptions, your cancellation will take effect at the end of the current paid term.

Cancellation and Termination

  • You are solely responsible for properly canceling your account. Within our Services, we provide the ability to cancel or delete your account. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can contact us at support@prismascribe.ai.
  • All of your content will be inaccessible from the Services immediately upon account cancellation. Your audio files, transcripts, and associated data will be permanently deleted from our active systems. We do not retain deleted content in backups.
  • If you cancel the Service before the end of any paid up time, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  • We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer may result in immediate account termination.

Transcription Services and AI Processing

  • Our Services use artificial intelligence models provided by third parties (including OpenAI Whisper and ElevenLabs) to process your audio and video files. By using our Services, you consent to this processing.
  • We make no guarantees about transcription accuracy. While our AI models achieve high accuracy rates, results may vary based on audio quality, speaker accents, background noise, and other factors.
  • You are responsible for ensuring you have the right to transcribe and process the audio content you upload. This includes obtaining necessary permissions for recordings of other people.
  • File size and processing limits apply based on your subscription plan. Exceeding these limits may result in additional charges or service restrictions.

Uptime and Security

  • Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements for most of our Services, but do take uptime of our applications seriously.
  • We reserve the right to temporarily disable your account if your usage significantly exceeds the typical usage of other customers of the Services. We'll reach out to you before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  • We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission over the public Internet and store your files securely using Cloudflare R2.
  • We use third party vendors and hosting partners (including Replicate, Cloudflare, and others) to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright and Content Ownership

  • All content uploaded to the Services must comply with applicable copyright law. You must have the right to transcribe and process all audio content you upload.
  • We claim no intellectual property rights over the audio files or transcripts you provide to the Services. All materials uploaded and transcripts generated remain yours.
  • We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  • The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  • You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through them, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

Governing Law and Disputes

These Terms of Service are governed by Lithuanian law. Any disputes arising from these terms or your use of our Services will be resolved in accordance with Lithuanian law, with the Vilnius Regional Court having jurisdiction for legal proceedings.

If you have a question about any of the Terms of Service, please contact us at support@prismascribe.ai

Terms originally adapted from the Basecamp open-source policies / CC BY 4.0