Welcome, and thank you for your interest in One Transcriber (“One Transcriber”, "DaaS", “we” or “us”) and our One Transcriber software, along with our website at onetranscriber.com, along with our related networks, applications, mobile applications, and other services provided by us (collectively, the “Service”).These Terms of Service are a legally binding contract between you and One Transcriber regarding your use of the Service. As used herein, “you” or “your” means any entity, university, o rganization, or company accessing or using the Service (“Organization”) as well as any individual end user accessing and using the Service, as applicable and hereby agreeing to these Terms.
By clicking “I accept”, or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including One Transcriber's privacy policy (together, these “terms”). If you are not eligible, or do not agree to the terms, then you do not have our permission to use the service. Your use of the service, and One Transcriber's provision of the service to you, constitutes an agreement by One Transcriber and by you to be bound by these terms. Arbitration notice: except for certain kinds of disputes described later, you agree that disputes arising under these terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND One Transcriber are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
One Transcriber is a software platform based on a Client-Server architecture and Websocket Integration. The Client part is the software for PC that the users download and install locally; it integrates with the Server part by sending via websocket secure encrypted connection the audio stream data generated on the computer and receiving the transcription in real-time. The Server part receives and processes the streaming audio data through Machine Learning algorithms for voice recognition and natural-language-processing; the transcripts are returned back in real-time to the Client software.
The Integration between the Client Software for PC and Server Platform is based on secure and encrypted connection (SSL or Web-Socket-Secure) and requires authentication via Users' credentials (user's verified email and password).
In order to download, launch and use One Transcriber Software for PC, the Users must register on the official Website https://onetranscriber.com with a valid and verified email address. The password choosen by the user remains encrypted and not accessible by anyone, as well as all other user's profile data (i.e. email). When launched, One Transcriber Software for PC requires authentication with the same User's credentials; the User's plan and usage details (transcription minutes consumed and available, start / end dates, etc.) are also available in One Transcriber Software for PC after the authentication.
No data is saved, stored or tracked in the Client One Transcriber software for PC, nor in the Server Part. The Audio Transcriptions are generated by the Server side algorithms, travel through secure encrypted connection (wss), and are not stored or retained anywhere. The Audio data sent by the Client to the Server, are also encrypted through the secure connection and are not stored or retained anywhere.
You must create an account and download the One Transcriber Software for PC from the Site before using One Transcriber. You must provide complete and accurate information as requested in the registration process, and must maintain and update all information provided as required to keep it current, complete and accurate. Any failure to do so may, among other things, result in deletion of your account and a refusal to allow you to resume any use of One Transcriber. Account credentials may not be shared or transferred, except with an “Authorized User”, provided that such Authorized User must be your employee or contractor who has agreed to abide by these Terms and who is only authorized to use One Transcriber for the purpose of performing their job function for you. You agree to maintain (and will ensure that your Authorized Users maintain) the security and confidentiality of user names and passwords. You are responsible for any and all activities that occur under your account, and you agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the One Transcriber.
License Grant. Subject to these Terms, we hereby grants to you a limited, nonexclusive, nontransferable license to access and use One Transcriber.
Restrictions and Limitations. You may not do any of the following: (a) license, sublicense, sell, resell, rent, transfer, assign, distribute or otherwise commercially exploit or make One Transcriber, or any portion thereof, available to any third party, except as expressly permitted herein and subject to the terms set forth in these Terms; (b) reverse engineer, disassemble, or decompile the App or any other software required for use in connection with One Transcriber or otherwise attempt to discover the source code for, or any trade secrets related to, the Software or One Transcriber; (c) remove any copyright, trademark or other proprietary notices from Descript, or any component thereof; (d) modify, alter or create any derivative works of One Transcriber or any component thereof; (e) reproduce or distribute the PC Software or One Transcriber or copy any ideas, features, functions, or content thereof, except as expressly permitted under these Terms; or (f) use One Transcriber, or any component thereof, for any purposes other than as expressly permitted herein; (g) reuse or "scrape" One Transcriber's data for use in another service or website; (h) attempt to circumvent any controls or limitations One Transcrber places on your ability to access One Transcriber or information on the One Transcriber Service, including by means of robot exclusion headers; (i) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the One Transcriber Service or otherwise interfering with the proper function of the website; (j) "frame," "mirror," or otherwise incorporate any part of the One Transcriber Service into any other website or service, or (k) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the One Transcriber Platform and Service.
In using One Transcriber, you must at all times comply with all applicable laws, rules and regulations. All rights not expressly granted in these Terms are reserved by us.
One Transcriber, and all information, data and other content and materials available on the One Transcriber Software and Platform, including, but not limited to, the One Transcriber logo and all designs, text, documents, graphics, software, sounds files, other files and the selection and arrangement thereof are the proprietary property of One Transcriber and its suppliers and licensors and are protected by International Intellectual Property laws. One Transcriber and its suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.
One Transcriber and the One Transcriber logo are trademarks of One Transcriber, and may not be copied, imitated or used, in whole or in part, without the prior written permission of One Transcriber. All other trademarks, product names and company names or logos mentioned on the One Transcriber website are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
In exchange for One Transcriber's provision of the software and service to you, you agree that One Transcriber is entitled to a limitation of liability. What that means is that in no event will One Transcriber — or its licensors or suppliers — be liable on any claims arising out of or relating to your use of or inability to use the One Transcriber service, on any theory, including but not limited to negligence, contract, tort, strict liability, or otherwise. This limitation of liability applies to, but shall not be limited to any claim for: (i) direct, indirect, special, incidental, consequential, or exemplary damages, such as damages for loss of profits, goodwill, or other intangible losses (even if One Transcriber or any supplier or licensor has been advised of the possibility of these damages); (ii) the cost of procurement of substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts paid by you to any of One Transcriber's business partners, including but not limited to our data providers and the sites to which we link. In no event will One Transcriber be liable to you for any more than the total amounts you have paid to One Transcriber. This limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised on the One Transcriber software & service, or advice received through or advertised on the One Transcriber software & ervice, or services, products or advice received through any links provided in the One Transcriber platform. The inclusion, reception, offering, or advertising of any services or products through or on One Transcriber does not constitute any endorsement or recommendation of such services or products by One Transcriber. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose. The foregoing shall not apply to the extent prohibited by applicable law.
We're still working on the One Transcriber software, platform and services, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of One Transcriber. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use One Transcriber, and to block, restrict or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the One Transcriber software and service.
Notwithstanding any of these Site Terms, One Transcriber reserves the right, without notice and in its sole discretion, to terminate or suspend your account and your license to use the Software and the Services, and to block or prevent future your access to and use of the Site at any time with or without cause. Upon any termination of your right to access or use One Transcriber, you will cease all use of One Transcriber, and we will delete all of the User Content that may be stored in connection with One Transcriber. You are solely responsible for making backup copies of any User Content.
Applicability of Arbitration Agreement. All claims and disputes in connection with these Terms or the use of One Transcriber or any other product or service provided by us that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that neither party is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Additional Rules for Non-appearance Based Arbitration.If non-appearance arbitration is elected as provided above, the arbitration will be conducted by telephone, online, and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
One Transcriber software and services are offered "as is" — that means we don't guarantee the quality, quantity, completeness, accuracy, availability, or speed of the One Transcriber software service, or make any other representation about the information we display. One Transcriber and its licensors and suppliers hereby disclaim all warranties of any kind — express or implied — including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. One Transcriber disclaims all warranties and conditions that the service or any email sent from One Transcriber is free of viruses or other harmful components. No information or advice, whether oral or written, obtained by you from One Transcriber will create any warranty that is not expressly stated in these terms. Some jurisdictions do not allow disclaimer of warranties and you may have other rights that vary by jurisdiction. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us at the following email address: support@onetranscriber.com In addiion, in accordance with the same Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers.