These Terms and Conditions ("Terms") represent a legal agreement between you and VATIS TECH S.R.L., having its headquarters at 50 Lucian Pricop street, Vădăstrița, Olt, tax code 43155475, registered with the Trade Registry under no. J28/696/2021 ("Vatis Tech", "We", „we”, „Us”, „us”) governing the access and/or use of the Vatis Tech platform available at https://vatis.tech (the "Platform"), as well as any related products and services ("Related Services").
You may only use the Platform and the Related Services in accordance with these Terms. Please read these Terms carefully as they contain important information about your rights and obligations. These Terms include various limitations and exclusions, setting out our liability, jurisdiction over dispute resolution, and the law applicable to the services provided by Us.
Your use of the Platform and Related Services equates to your confirmation that you understand and agree to these Terms in their entirety. The Platform and the Related Services can only be used if you accept the Terms as presented to you by checking the appropriate checkbox on the Platform at the time of registration.
We reserve the right to change these Terms at any time. If we make changes to the Terms, we will publish the updated version of the Terms on the Platform, update the "last update" date indicated at the top of these Terms and inform you accordingly, at least 30 (thirty) calendar days prior to the date on which the changes will take effect in respect of you, by email and/or by posting a notice to this effect on the Platform. Your continued use of the Platform and the Related Services after the respective date is subject to the acceptance of the modified / amended Terms.
If you do not agree to the provisions of the Terms, please cease accessing or using the Platform and the Related Services.
1.1. The following terms will have the meaning set out below, both in their singular form and in the plural:
„Account" or "User Account" means the user account that, as a User, you must register in order to be able to use the Related Services and/or the Platform;
"Content" means any information made available by the User or a Person designated on the Platform, directly or indirectly, including without limitation, the profile information and any of the data collected through the Platform regarding the use of the Platform and/or the Related Services;
"Intellectual Property Rights" means any intellectual and/or industrial property rights as defined everywhere in the world, including but not limited to: copyright and related rights, patent rights, rights relating to utility models, trademarks, geographical indications rights, rights over industrial models and designs, sui generis rights relating to databases, rights relating to domain names and data of access to computer program accounts, rights relating to confidential information, rights over trade secrets, trade names and know-how, as well as any other intellectual and/or industrial property rights and other similar or equivalent rights (registered or not registered) which exists or might exist worldwide;
"Designated person" means any natural person with relevant access rights granted by you as a User;
"Pricing Plan / Subscription" refers to the plan under which you, as a User, can use the Related Services, as it results from Section 5 – Related Services and Payments;
"User" means any natural person over the age of 18 or any legal person who registers and uses the Platform and/or the Related Services. For the avoidance of any doubt, the Platform and/or the Related Services are not intended for use by minors (within the meaning of the law applicable to a particular User);
"Visitor" means any natural or legal person visiting the Platform. Unless otherwise stated or understood in these Terms, the provisions relating to Users shall apply accordingly to Visitors.
1.2. All other capitalized terms have the meaning stated when they are first used or, as the case may be, defined for the first time.
2. USE OF THE PLATFORM
2.1. Any reference in these Terms to the User, as well as any obligation undertook by the User, are also the responsibility of any Designated person by the User, unless otherwise stated.
2.2. In the case of all actions or activities that a Designated person makes or carries out within the Platform, as well as in the use of the Related Services, we will presume that the Designated person has been authorized by the User to act in that regard, and the Designated person declares and warrants that she/he has received such authorization from the User and is over 18 years of age. The User is directly responsible for any Person designated by the User (i.e., Designated person) who uses the Related Services and/or the Platform.
2.3. Vatis Tech and Users may derogate from the provisions of the Terms by entering into a separate contract containing terms and conditions that are different from / supplementary to these Terms.
2.4. To the extent that Vatis Tech and Users will enter into separate agreements from these Terms and other contracts outside the Platform, the provisions of the contracts concluded outside the Platform shall prevail in case of discrepancies between the provisions of these Terms and the provisions of the contracts concluded outside the Platform.
3. USER ACCOUNT
3.1. You may use the Related Services and/or the Platform only after registering your User Account. Depending on the terms of your chosen Pricing Plan / Subscription, you are allowed to own multiple User Accounts for Designated persons.
3.2. As a User, you have the obligation to provide a valid e-mail address and to fill in all the information requested in the registration form, in order to configure and access the Account. The Account is intended solely for your own use, and it is not allowed the share, disclosure, or use of the login data / licenses for the use of the Platform / Related Services by any other person, either inside or outside your organization, except for Designated persons.
3.3. After creating your User Account, you have, at any time, the possibility to change or add additional information to your User Account by going to the Account Settings section of your User Account. If you have the right to have more than one User Accounts for the Designated Persons, according to your Pricing Plan / Subscription, it is necessary to contact us at the address email@example.com, and we will provide you with the necessary support.
3.5. All data provided by you as a User for the creation of a User Account must be accurate, current, and complete. If you provide personal data of third parties, you must comply with the legislation on the protection of personal data.
4. USE OF THE USER ACCOUNT
4.1. Based on a registered User Account, you benefit from one hour (60 minutes) of free transcription ("Trial Period") on the Platform. After the expiration of this duration, you can use the transcription functionality only on the basis of a Pricing Plan / Subscription.
4.2. Each time you use your User Account, you must take the following security measures: (a) make sure that you always have a secure User Account with a strong password and (b) protect your User Account data and access to it.
4.3. If we have a reasonable doubt that any information provided by you is wrong, untrue, outdated or incomplete, we have the right, but not the obligation, to send you a notification (in the Platform and/or by e-mail to the contact address specified in the Account) requesting you to remedy the error or we may totally or partially limit your access to the Related Services and/or Platform, where applicable. You have the obligation to keep up to date all the information provided within the User Account or to notify Us as soon as possible in case of a change, as the case may be.
4.4. If there is a suspicion of unauthorized use or you are aware of any unauthorized use of your User Account or any part of it or any other security breach, you must immediately notify us at the e-mail address firstname.lastname@example.org. You understand and agree that we may ask you to provide information that can be used to confirm your identity and ensure the security of your User Account.
4.5. You understand and agree that you will be responsible for all activities that are carried out in your User Account, and, to the maximum extent permitted by law, you accept all risks of any authorized or unauthorized access to your User Account. We will presume that any communications we receive in your User Account have been made by you.
4.6. Vatis Tech is not liable for any loss, liability, expense, or damage resulting from your failure to comply with the security obligations or best practices indicated in these Terms. To the maximum extent permitted by law, you will be liable for any loss, damage, liability, expenses, and attorneys' fees incurred by Vatis Tech or a third party as a result of another person's use of your User Account. In the event that you lose access to a User Account or otherwise request information about a User Account, Vatis Tech reserves the right to ask you for any verification it deems necessary, at its sole discretion, before restoring access to or providing information about such an Account.
5. RELATED SERVICES AND PAYMENTS
5.1. The Related Services can be accessed only if you have a registered User Account or are a Designated person, either during the Trial Period or based on a Pricing Plan / Subscription, depending on their particularities.
5.2. The functionalities and conditions (including durations, fee periods and prices) available to Users depending on the chosen Pricing Plan / Subscription are indicated in the Platform, at the address https://vatis.tech/pricing. For certain Pricing Plans / Subscriptions, you will be prompted on the Platform to contact us before purchasing the plan.
5.3. Pricing Plans / Subscriptions
5.3.1. As a User, you have the obligation to pay the price corresponding to the chosen Pricing Plan / Subscription (in the following, the "Price"), in advance.
5.3.2. Pricing Plans / new Subscriptions. You will have access to the features of the Pricing Plan / new Subscription once the payment is confirmed.
5.3.3. Pricing Plans / Subscriptions that are in progress / renewed. In case of renewal of the Pricing Plan / Subscription, you have the obligation to make the payment of the Price before the day of the start of the new Pricing Plan / Subscription.
5.3.4. In case you have exceeded the number of hours included in the chosen Pricing Plan / Subscription, we will invoice you the overtime used at the end of the respective Pricing Plan / Subscription, according to the additional fees available in the Price section on our Platform or based on the existing agreement between you and us, if there is such an agreement separate from these Terms.
5.3.5. You are responsible for paying all costs (such as bank charges) in connection with the payment of the Price.
5.3.6. We reserve the right to change the Prices related to the Pricing Plans / Subscriptions at any time, in which case we will notify you accordingly, and the new Prices shall apply from the moment of renewal of the Pricing Plan / Subscription, respectively from the date of choosing a new Pricing Plan / Subscription.
5.4. Payment of the Price of a Pricing Plan / Subscription
5.4.1. In case of choosing a Pricing Plan / Subscription, you will be able to make the payment online or by bank transfer, through an authorized payment processor or a financial institution (banks), as the case may be. We do not assume liability neither in connection with the bank card payment processing service offered by the payment processor, nor for any errors of any kind, nor for any fraud arising out of or in connection with the operation of this service.
5.4.2. For clarity, in the case of online payment, you agree to comply with the terms and conditions of the online payment processor, available at the address https://stripe.com/en-gb-ro/legal. Payment is made through the secure Stripe payment system. All the information of the card with which you make the payment will be filled in only in the secure platform of the payment processor and will be accessed only by it. Vatis Tech does not access or retain in any way the information of the card used. In any event, the authorized payment processor is solely responsible for the security of your payment information.
5.4.3. In the case of payments by bank transfer, the time limits and sanctions referred to in this Section - Related Services and Payments shall apply accordingly, to the extent possible, unless we jointly decide otherwise.
5.5. Renewing a Pricing Plan / Subscription
All Pricing Plans / Subscriptions, except for the Pay as you go Plan, are automatically renewed without the need for you to take any additional steps. After the end of the period related to the Pricing Plan / Subscription chosen by you, a new Pricing Plan / Subscription will begin to run, equal in duration to the initial / previous one. However, the Pricing Plan / Subscription will not be renewed (i.e., the period will not be extended), if you or Vatis Tech notify each other thereof, at least 30 (thirty) calendar days before the end of the period of a annual Pricing Plan / Subscription, respectively 5 (five) calendar days in the case of a monthly Pricing Plan / Subscription, of the intention to not renew it. For clarity, you'll be able to send your notification for cancelling the renewal at the e-mail address email@example.com.
5.6. Refunds / Changing the Pricing Plan / Subscription
5.6.1. You are not entitled to any kind of refund in case you fail to fully use the benefits of the Related Services until the end of the period related to the Pricing Plan / Subscription. However, unused benefits related to the Pay as you go Plan will not be lost and you will be able to use them as long as you have a User Account on the Platform. In case of other Pricing Plans / Subscriptions except for Pay as you go, unused benefits from the previous period will be carried over to the next Pricing Plan / Subscription only if it is renewed or if you opt for another Pricing Plan / Subscription (regardless of duration or functionality), except for Pay as you go, or otherwise the unused benefits will be lost (i.e., if you do not renew or opt for another Pricing Plan / Subscription).
5.6.2. You have the possibility to opt for changing the Pricing Plan / Subscription with a lower option (with fewer benefits and / or lower Price) only after the completion of the Pricing Plan / Subscription period in progress. In this case, you must notify the intention to modify the Pricing Plan / Subscription at least 30 (thirty) calendar days before the end of the period related to an annual Pricing Plan / Subscription, respectively 5 (five) calendar days in the case of a monthly Pricing Plan / Subscription, at the e-mail address firstname.lastname@example.org.
5.6.3. For clarity, you will remain responsible for any unpaid payment under the Pricing Plan / Subscription.
6. INTELLECTUAL PROPERTY RIGHTS. LICENSE
6.1. All content of the Platform and the Related Services, including, but not limited to, texts, images, graphics, web graphics, scripts and any other data are protected by the Intellectual Property Rights of Vatis Tech or its suppliers. Vatis Tech grants you a limited license, for your own use, non-exclusive, non-transferable and which cannot be sublicensed to use the Platform / Related Services for you and / or for the Designated persons, as the case may be, for the period and under the conditions applicable to each type of Pricing Plan / Subscription. For clarity, the license price is included in the Price, representing 15% of this Price.
6.2. As a User, you have the obligation to respect the Intellectual Property Rights of Vatis Tech or its suppliers. The use without our written consent of any elements on the Platform is strictly prohibited and is sanctioned according to the applicable law. Unless expressly stated by Vatis Tech and/or otherwise provided for in these Terms, nothing shall be construed as constituting an assignment of the Intellectual Property Rights. Your collection of any information, data, images from the Platform for the purpose of republication, total or partial distribution or for any other purposes not expressly permitted by these Terms without the prior written consent of Vatis Tech is prohibited and sanctioned under applicable laws.
6.3. If you publish Content on the Platform, you grant us a non-exclusive, free-of-charge, unlimited in time and territory license to all Intellectual Property Rights over the Content. By submitting and/or uploading the Content to the Platform, the Content may be used by Vatis Tech, without any material compensation, for statistical, marketing or any other necessary purposes.
6.4. In using the Related Services / Platform, you undertake and warrant that, at all times, you respect all Intellectual Property Rights of any third parties, including when you use the asynchronous transcription functionality (e.g., the Intellectual Property Rights regarding the audio/video files uploaded to the Platform) and/or the real-time transcription functionality.
6.5. You also grant Vatis Tech a non-exclusive, free-of-charge, unlimited in time and territory license to use, in any form and on any medium, the audio / video files uploaded to the Platform and any other materials / works that you make available in any way, regardless of their type, for the purpose of offering the Related Services / Platform by Vatis Tech, as well as for any other necessary purpose.
7.1. Vatis Tech will make reasonable efforts to ensure that the maintenance of the Platform and the Related Services, which may require the interruption of your access, will not be carried out during normal working hours (from 9.00 to 18.00 local time in Romania, Monday to Friday, except for public holidays), except for emergency maintenance operations, which may lead to the interruption of access to the Platform and/or the Related Services at any time. However, we cannot guarantee at any time that the access to the Platform and/or the Related Services will not be interrupted within the intervals mentioned in this paragraph, in which case Vatis Tech will not be responsible for the interruption of the Related Services / access to the Platform.
7.2. We are constantly trying to update the Platform and Related Services. If you discover that the Related Services / Platform include an error, you may at any time report this by contacting our support service at the e-mail address email@example.com, and we will make reasonable efforts to investigate such situations and, if possible, correct the errors. You understand that the Platform and the Related Services may include data and information provided by third parties and therefore error correction and fault resolution may require their actions and are not entirely within the control of Vatis Tech.
8. PROHIBITED CONDUCT
8.1. You may not use the Platform for illegal, immoral, or unauthorized purposes and/or activities. In using the Related Services or the Platform, you must ensure that you do not break any applicable law.
8.2. Under the sanction of immediate interruption of access to the Related Services and/or Platform, without prior notice and with your obligation to cover any damage caused as a result of a non-compliant conduct, you are obliged to refrain from any non-compliant or harmful conduct towards Vatis Tech, including but not limited to:
a. the use of information obtained in any form as a result of using the Related Services / Platform to build a database for resale or to provide access to this information to a third party, engaged in an activity similar to Vatis Tech; as well as allowing a third party, carrying out an activity similar to Vatis Tech, to access this information, as a result of not taking the necessary security measures to protect the information acquired through the use of the Related Services / Platform;
b. the use of the User Account belonging to another User, as well as the use of an identity other than the real identity, by any means (for example, by using an e-mail address, name, pseudonym or otherwise);
c. modifying, distributing, transmitting, displaying, publishing, reproducing, licensing, creating derivative products, transferring or selling any information or services obtained by reproducing, modifying or displaying content on or obtained through the Platform without the written consent of Vatis Tech;
d. removing or modifying any copyright, trademark or other Intellectual Property Rights notices in connection with the Related Services and/or the Platform;
e. use the Related Services or the Platform to create, transmit or receive material that is contrary to applicable law or includes content that is obscene, abusive, vulgar, defamatory, offensive, threatening or infringing Intellectual Property Rights;
f. attempting to circumvent any security measures or exploit any technical limitations of the Related Services and/or the Platform;
g. the use of the Related Services and/or the Platform in a manner that harms the interests of Vatis Tech, including, without limitation, by carrying out or permitting the carrying out of cracking or hacking activities, "Denial of Service" attacks or others, insertion of viruses or other materials / technologies that may totally or partially affect the integrity and/or operation of the Related Services / Platform, related systems and/or networks;
h. criminal or harmful activity, including child pornography, fraud, trafficking of obscene materials, drug trafficking, gambling, hateful or violent content, content that encourages or provides instructions for a crime or that violates the rights of any person, harassment;
i. cancellation or manipulation of headers or any identifiers (including, without limitation, URLs) to conceal the origin of any data transmitted through the Related Services and/or the Platform;
j. exploiting the Related Services and/or the Platform for the purpose of creating a competitive product or service with any of our products or services;
k. carrying out unauthorized operations on the Platform and attempting to carry them out, including, but not limited to abusive use, fraudulent use, unauthorized access, modification and copying of information for commercialization purposes, blocking of access;
l. the use of software, devices, scripts, robots, other automated means or processes to access, copy or duplicate any content on the Platform / Related Services;
m. harming the name, reputation, image of the Platform, Vatis Tech, associates, directors or staff of Vatis Tech in connection with your use of the Related Services and/or the Platform;
n. the exploitation of the Related Services and/or the Platform for any unauthorized commercial purpose;
o. use of the Related Services and/or the Platform on behalf of a company, without having the right to represent that company.
8.3. In the event that you commit one or more of the actions/inactions of those provided for in the previous paragraph, Vatis Tech, depending on the type of prohibited conduct undertaken by you, may:
a. to notify the competent authorities and provide them with all your personal data;
b. remove Content contrary to the above provisions and suspend your User Account until the steps taken by the competent authorities are completed or until Vatis Tech unilaterally decides to reactivate the User Account.
8.4. In any of the situations provided for in this Section – Prohibited Conduct, to the extent that any type of damage has been caused to us, costs have been generated or the Vatis Tech profitability rate has been limited in any way, you are solely responsible for their full coverage, as well as for any other legal expenses involved in the steps to recover our damages / return to the previous situation.
9. CHANGES TO THE PLATFORM / RELATED SERVICES. SUSPENSION AND TERMINATION OF THE USE OF THE PLATFORM / RELATED SERVICES
9.1. Vatis Tech reserves the right to modify, temporarily or permanently, with or without prior notice the Platform and/or Related Services, at any time, without prejudice to the functionalities of the Pricing Plans / Subscriptions in progress.
9.2. Notwithstanding the other provisions of these Terms or any remedies provided by law, Vatis Tech may immediately cease your use of the Related Services / Platform without any prior formality or the intervention of the courts (i.e., rescission by law of this agreement) if you fail to comply with your payment obligations provided for in Section 5 - Related Services and Payments, including if any payment you owe to Vatis Tech is refused, rejected or reversed, for any reason, for the duration of the Pricing Plan / Subscription, as well as in the event of non-compliance with the provisions contained in Section 8 - Prohibited Conducts, Section 12 - User Warranties, Section 13 - Assignment.
9.3. In the case of the Trial Period, Vatis Tech may terminate your access at any time, with or without prior notice.
9.4. You agree that Vatis Tech will not be held liable to you or to third parties for any changes, suspensions of the Platform or Related Services, nor in the event of ceasing access to the Platform / Related Services, pursuant to paragraphs 9.1, 9.2 and 9.3 above.
You agree to indemnify us and any of our employees, licensors, suppliers or partners against any claims, damages, payments, fines, court decisions, debts, losses, costs and expenses of any kind or nature, including the costs of disputes, legal fees and attorneys' fees arising out of or in any way related to (i) the use of the Platform / Related Services; (ii) breach of these Terms or the rights of any third party; or (iii) violation of applicable laws in connection with your conduct, access or use of the Platform / Related Services.
11. LIMITATION OF LIABILITY
11.1. To the maximum extent permitted by applicable law, Vatis Tech shall not be liable to you or to third parties for any direct or indirect damages caused by the use of or access to the Platform, the content of the materials on the Platform and the Related Services, including, but not limited to, actually losses and loss of profits or other intangible losses resulting from loss of profits (whether incurred directly or indirectly); loss of reputation of the business, the cost of purchases of substitute goods or services, resulting from or in connection with the Platform and the Related Services, regardless of the theory of liability (contractual or tort).
11.2. You have sole responsibility for accessing the Platform / Related Services via the Internet. You understand that the Platform is Internet-based, and you understand and accept the inherent security risks associated with such applications and websites, including, but not limited to, the risk of losing Internet connections, the risk of hardware or software failure and the risk of unauthorized third-party access to your User Account. Thus, you agree that we have no liability for any failures, communication failures, delays, errors, or any security breach.
11.3. You agree that we will not be liable for any breach or delay in the performance of our obligations resulting from any situation beyond our reasonable control, including, but not limited to, acts or omissions of third parties, earthquake, fire, flood, military conflicts, or technical malfunctions (Internet connection, access to the server, etc.).
11.4. For clarity, Vatis Tech will not be held liable under any circumstances for (including, but not limited to):
a. possible interruptions in the provision of the Related Services / Platform or impairment of their quality, caused by actions or omissions of the service providers, malfunctions or maintenance works on the network or equipment, cases of force majeure as well as any other causes independent of the will and control of Vatis Tech, including, but not limited to, the inability to connect or complete the communication;
b. total or partial interruption of the provision of the Related Services / Platform or parts thereof as a result of cyber-attacks or the impossibility, caused by any reason, of accessing the public sources from which the data comes;
c. any errors or damages resulting from the non-compliant use of the Platform / Related Services, as well as when you make changes to the related Platform / Services directly or indirectly.
12. USER WARRANTIES
Under the sanction of immediate interruption of access to the Related Services and/or the Platform, without prior notice, but with your obligation to cover any damage generated as a result of the non-compliant conduct, you guarantee that:
a. you have the legal right and the capacity or authorization to accept and comply with these Terms and to use the Platform and/or the Related Services;
b. you provide real and accurate information; you assume full responsibility for the data provided and accept that Vatis Tech will not be held liable to you and/or to third parties for damages of any kind resulting from the provision of erroneous information by you;
c. you comply at all times with all applicable laws, rules and regulations, including, without limitation, the legal provisions regarding data protection.
Vatis Tech may assign these Terms and/or any or all its rights or obligations under these Terms without your consent. All provisions contained in these Terms will be binding on Vatis Tech’ successors and assignees. You may not assign these Terms or any of the rights and/or obligations arising from these Terms to another person or entity without Vatis Tech’ prior consent.
14. THIRD-PARTIES WEBSITES
The Platform may contain links (URL links) to third-party websites or resources. These links (URL links) to third-party pages are provided for information purposes only. In any case, in particular because of the volatile nature of the information on the Internet, Vatis Tech cannot control the nature or content of these external sources and is therefore not responsible or liable for the use or unavailability of third-party websites, nor for the content or other materials available on third-party websites that you may access through our Platform.
15. PERSONAL DATA AND COOKIES
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. LACK OF ENFORCEMENT
Enforcement of these Terms is solely in our discretion and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances. The mere fact of non-performance of any obligation set out in the Terms has the effect of giving a formal notice (Romanian, “punere în întârziere”) to the person who has not performed his obligation.
18. GOVERNING LAW
All legal matters, rights, and remedies with respect to any act, event or incident, undertaken pursuant to or in connection with Vatis Tech or the Related Services and/or the Platform and/or any other matters regulated by these Terms shall be governed by and construed in accordance with the laws in force in Romania.
19. DISPUTE RESOLUTION
All complaints, disputes or disagreements which might arise from the interpretation, execution or which are in any way related to your use of the Related Services / Platform, which cannot be resolved amicably through direct discussions and negotiations within 30 (thirty) business days from the registration of the complaint, will be settled exclusively by the competent Romanian courts at the Vatis Tech headquarters, to the extent permitted by law.
For any information or communications, you can contact us at the following e-mail address firstname.lastname@example.org.