Terms & Conditions
1. Acceptance of Terms
Koemei Inc. (225 Bush Street, San Francisco, CA, 94104, USA) (“Koemei” or “we”) provides its services to you ("the User," "he/she" or "his/her"), subject to the following Terms of Service ("TOS").
This TOS is valid for the duration that we provide you the Services. In using our Services, the User is indicating his/her agreement to abide by these terms.
2. Description of Service
This Terms of Services agreement covers the provision of one or more of the following Services to you (regardless of whether they are paid or delivered to you as a free trial of limited duration):
a. Collaboration Service: this service may include some or all of the following: automated transcription, indexing and search, collaboration application.
b. ASR Service: Automated transcription of video files and audio recordings ("the Transcripts").
c. Search Service: Access to results of searches through the transcripts that are delivered via calls or queries to the Koemei API.
3. Order and Payments
By subscribing to the Services, the User authorizes Koemei to charge the agreed upon fees. Depending on the Services contracted between Koemei and the User, payment may be rendered by corporate check, credit/debit card or PayPal.
The Seller may choose not to accept an order for any reason. The price of the Service shall be the amount stipulated in writing at the time of ordering before the Services are provided. The total purchase price, including any applicable taxes, will be displayed and known to the User prior to confirming the Services that Koemei will provide.
Accepted Methods of Payment : Credit Card (Visa, Master Card) and PayPal
4. Subscription Services
Koemei offer the Collaboration Service with capacity limits and fees based as defined in the contract between Koemei and the User. Capacity is usually defined in the contract by number of users, volume of audio/video in hours, API calls to Koemei’s back-end platforms, and bandwidth for media streaming.
Subscription Service Fees
Service contracts do not normally include any taxes that may be applicable in your country. Payment is non-refundable, even if you stop using the Service. If the capacity requirements of your Service exceed the contracted limits, the contract will be amended no later than the end of the next quarter (defined as the end of the next three month cycle). This change will take effect immediately, we will charge you the applicable fee, and your Service term may be extended, as described at the time you upgrade.
UNLESS YOU NOTIFY US 30 DAYS BEFORE RENEWAL THAT YOU WANT TO CANCEL OR YOU SET YOUR SERVICE ACCOUNT TO NOT AUTO RENEW, YOUR PAID SERVICE WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEES AND ANY TAXES FOR THE RENEWAL PLAN, USING THE PAYMENT DETAILS WE HAVE ON RECORD FOR YOU. The User can cancel his subscription via the contact form or by phone, Koemei will confirm the cancellation by email. If the User does not cancel his subscription under the aforementioned delay, the subscription will be renewed for the same billing period length. Service fees and features may change over time. Should Service fees and features change, you will be informed of these changes at least 30 days ahead of these changes coming into effect. If necessary, your renewal plan will be automatically matched to the closest updated Service pricing, which you will be able to modify according to the standard renewal policy.
Koemei’s uses Automatic Speech Recognition (ASR) in the provision of its services. A quality score based on the estimated accuracy (or confidence) of transcription is attached to every transcription job, and each word confidence is the observed probability of that word in the n-passes of the system (ranging 0-100%).
Recordings with confidence below 50 will not count as part of a User's usage minutes. Koemei reserves the right to cancel a User's subscription in cases of gross abuse of this policy.
Audio/video data copyright
By uploading audio/video data files to the Service, the User:
- implies he holds the necessary rights to do so according to relevant laws and contractual or other relationships and is solely responsible for any copyright infringement committed in the act of upload;
- allows Koemei fully automatic processing of the data and temporary storage of intermediate and final outputs;
- allows Koemei to maintain usage statistics resulting from the processing of this data for the purpose of improving quality of the transcription service.
The copyright of the transcripts is the property of the User. No one else has the rights to publish them, including Koemei. The User grants Koemei the right to store the transcripts as part of delivery of the service and for the purpose of ongoing improvement.
In using the Service the User grants Koemei permission to process and store the data uploaded. Registration data and usage statistics will be retained by Koemei, where such data does not contain any information pertaining to the identity of recording participants or what was spoken in the recording.
All Services that include transcription are provided without human intervention, unless specified in the contract between Koemei and the User. If human-edited transcription is included in the contract, human beings will have access temporarily to your file for the duration required to improve transcription quality. In either case, Koemei representatives may only access your data with your express permission in order to provide service and support. Once data is deleted, there is no way to recover it. Koemei may keep an anonymized copy of your data for the purpose of making system improvements. In such a case, any processing will be fully automatic, without human intervention.
Upon request, or when using the Kaltura MediaSpace plugin with the default settings, the user audio/video file will be deleted from Koemei server immediately after the automatic processing is finished.
Web Analytics Service
This website uses a web analytics service. The service may record mouse clicks, mouse movements, scrolling activity. We do not record any text you type in this website. The service does not collect personally identifiable information that you do not voluntarily enter in this website. It does not track your browsing habits across other websites or text input in password fields. We are using the information collected by the service to improve our website, make it more user-friendly and monitor that it is performing correctly.
The User understands that all information and data uploaded is the sole responsibility of the User responsibility. The User agrees to not use the Service to:
- upload any data for which the User does not hold the necessary rights under any law or under contractual or other relationships;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
Koemei reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. (Excessive length defined as any video or audio file exceeding 2.5 hours in length). Koemei may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User's account for submitting such material in violation of these Terms of Service.
The User will indemnify and hold Koemei, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's use of the Service, violation of the Terms of Service, or violation of any rights of a third party. The User agrees that they must evaluate, and bear all risks associated with the use of the Services, including any reliance on the accuracy, completeness, or usefulness of Transcripts.
Modifications to Service
The User acknowledges that Koemei may, at any time, establish general practices and limits concerning use of the Service, including without limitation the quantity of data that may be uploaded over a defined period. The User further acknowledges that Koemei reserves the right to modify these general practices and limits from time to time. Koemei reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The User agrees that Koemei shall not be liable to them or to any third party for any modification, suspension or discontinuance of the Service.
The User agrees that Koemei may terminate their access to the Service for violations of the TOS and/or requests by authorised law enforcement or other government agencies.
The User can unsubscribe at any time by simply going to his settings page and clicking on "Unsubscribe", Koemei will send an email confirming that the User has been unsubscribed. The User will not receive any additional messages unless he re-register on Koemei website. However, there will not be any full or partial refunds for any reason of the payments already made.
Disclaimer of Warranties
The User's use of the Service is at their sole risk. The Service is provided on an "as is" and "as available" basis. Koemei expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose, and non-infringement related to the Service. Any material or data uploaded or downloaded or otherwise obtained or transmitted through the use of the Service is done at the User's own discretion and risk and the User will be solely responsible for any damages or loss of data that results from their use of the Service. No advice or information, whether oral or written, obtained by the User from Koemei or through or from the Service will create any warranty not expressly stated in the Terms of Service. Some jurisdictions do not allow the disclaimer of implied warranties, so the forgoing disclaimer may not apply. This warranty gives the User specific legal rights and may also have other legal rights that vary from state to state and country to country.
Limitation of Liability
Koemei will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Koemei has been advised of the possibility of these damages), resulting from use of the Services. Under no circumstances will Koemei's total liability of all kinds arising out of or related to use of the Services (including, but not limited to warranty claims), regardless of whether any action or claim is based on contract, tort, or otherwise exceed the amount of fees paid by the User to Koemei in the 12 months prior to the action giving rise to liability. This limitation of liability will apply notwithstanding the failure of the essential purpose of any limited remedy in the Terms of Service. Some jurisdictions do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
If you have any questions about the Terms and Conditions associated with the Services, please contact us before you commit to the subscription or purchase.