Terms of Service (ToS)

1. Scope and Subject of Contract

1.1 These Terms of Service (hereinafter "ToS") apply to all services of our AI Transcription Service (hereinafter "Service").

1.2 The subject of the contract is the creation of transcriptions of audio and video files using artificial intelligence (AI) after upload by the customer.

2. Conclusion of Contract

2.1 A usage contract is concluded with the upload of an file and acceptance of these Terms of Service.

2.2 The customer assures that they have the necessary rights to the uploaded files and that the content does not violate any third-party rights.

3. Scope of Services

3.1 The service creates transcriptions based on the uploaded files. The quality of the transcription depends on the audio quality.

3.2 We do not guarantee 100% accuracy of the transcription, especially with poor audio quality, background noise, or difficult-to-understand speakers.

3.3 In addition, transcription accuracy depends on the language of the audio. Less common languages often have a lower word recognition rate.

3.4 Our free pre-check of the first 2 minutes of the transcript gives you a risk-free impression of the transcription quality.

3.5 The accuracy of transcription depends on technical factors such as audio quality, dialect, languages, technical terms, and background noise. The customer acknowledges that machine AI transcription may involve inaccuracies and errors.

3.6 Transcription is performed automatically by AI without manual post-processing. No guarantee can be given for 100% error-free transcription.

4. Prices and Payment Conditions

4.1 The prices for the transcription service are based on the currently valid price list on our website.

4.2 Payment is exclusively via PayPal/GooglePay (app) before downloading the transcript.

4.3 After successful payment, the transcript is available for download to the customer.

4.4 In case of payment default, we reserve the right to refuse further services and block access to previously created transcriptions until outstanding payments have been settled.

4.5 In case of payment default, reminder fees and default interest may be charged at the statutory rate.

5. Usage Rights

5.1 Upon full payment, the customer receives a comprehensive, unrestricted right of use to the created transcription.

5.2 The customer may use the transcription for all purposes, including commercial exploitation and publication.

5.3 We reserve the right to use anonymized transcription data to improve our AI models, unless the customer explicitly objects.

6. Data Protection and Confidentiality

6.1 We treat all uploaded files and created transcripts confidentially.

6.2 After download, the audio/video file and transcript are automatically deleted from our servers after 7 days.

6.3 The customer can request deletion of their data at any time.

6.4 By using our service, the customer confirms that they are authorized to upload the data for the purpose of transcription and that this is in accordance with applicable data protection laws.

6.5 The data and transcriptions are processed and stored exclusively on servers within the European Union.

6.6 The service is not designed for the processing of particularly sensitive data within the meaning of Art. 9 GDPR (such as health data, biometric data, etc.) unless specific additional agreements have been made.

7. Disclaimer of Liability

7.1 We are not liable for damages resulting from incorrect or incomplete transcriptions.

7.2 Liability is limited to intent and gross negligence.

8. Warranty

8.1 In case of demonstrable errors or inaccuracies in the transcripts, we do not offer post-processing.

8.2 A claim for refund exists only in case of serious defects that significantly restrict the usability of the transcript.

8.3 Complaints must be submitted in writing within 7 days after provision of the transcription, otherwise the service is deemed accepted.

8.4 A claim for refund exists only in case of serious quality defects that significantly restrict the usability of the transcription and that go beyond the usual limitations of the technology described in 3.5 and 3.6.

9. Right of Withdrawal

Since this is digital content that is made available immediately after purchase, the statutory right of withdrawal expires according to Section 356 Paragraph 5 of the German Civil Code (BGB) upon commencement of contract execution.

10. Availability & Maintenance

10.1 We strive to ensure high availability of our service. However, maintenance work or unforeseen technical problems may occur.

10.2 Planned maintenance work will be announced in advance where possible.

10.3 There is no guarantee of continuous, uninterrupted use of our service.

11. Prohibited Use

11.1 The service may not be used for illegal content or content that violates applicable laws.

11.2 Abusive use, such as automatic mass processing without express permission, is prohibited.

11.3 In the event of violations, we reserve the right to block access to the service or terminate the contract without notice.

12. Support & Complaints

12.1 In case of technical problems or incorrect transcriptions, the customer can contact our support: explicare AI Transcriptions
Christian Knaut
Pannierstr. 2 - D-12043 Berlin
Germany
Tel.: +49-(0)30-21970531
support@explicare.de

12.2 Refunds will only be issued for serious defects that significantly limit usability.

13. Changes to the Terms and Conditions

13.1 We reserve the right to change these Terms and Conditions at any time. Customers will be informed of any changes in a timely manner.

13.2 Continued use of our service after a change is deemed acceptance of the changed Terms and Conditions.

14. Place of Jurisdiction & Applicable Law

14.1 The law of the Federal Republic of Germany applies.

14.2 The place of jurisdiction for all disputes is, to the extent permitted by law, our registered office.

15. Final Provisions

15.1 Should individual provisions of these Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

15.2 The law of the Federal Republic of Germany applies.

15.3 The place of jurisdiction is our registered office.

16. Contact and Complaints

16.1 For questions, comments, or complaints, please use our customer service email address: support@explicare.de

17. Copyright and Intellectual Property

17.1 The customer retains all copyrights and other rights to the transmitted files.

17.2 The rights to the transcription technology, the underlying algorithms, and software remain entirely with us.

17.3 We make no claim to the content information of the transcriptions.

18. Force Majeure

18.1 We are not liable for delays or non-performance due to circumstances beyond our control, including, but not limited to: natural disasters, governmental actions, terrorism, strikes, network failures, or other unforeseeable events.

19. Limitation of Liability for Subsequent Use

19.1 We assume no liability for decisions or actions that the customer makes based on the content of the transcriptions.

19.2 The customer is obligated to verify the transcriptions for accuracy before using them for important decisions, publications, or other binding purposes.