Legal / AI / Terms of Service for AI Transcription Services

1. Acceptance of Terms 2. Access and Processing of Audio Recordings 3. Best-Effort Services 4. Customer Responsibilities 5. Limitations of Liability 6. Confidentiality and Data Protection 7. Miscellaneous 8. Additional Provisions 9. User Responsibilities and Termination

1. Acceptance of Terms

By accessing or using the transcription services provided by TELAIR.NET LTD. ("Company"), you ("Customer") agree to be bound by these Terms of Service ("Terms"). These Terms govern your use of the Services and constitute a legally binding agreement between you and the Company.

If you do not agree to these Terms, you must not use the Services. Your continued use of the Services following any modifications to these Terms will be deemed acceptance of those changes.

2. Access and Processing of Audio Recordings

2.1 Permission to Access: The Customer agrees to grant TELAIR.NET LTD. permission to access and process audio recordings for the purpose of providing transcription services, including voicemail-to-text transcription. This permission includes, but is not limited to, the following:

  • a) Recording Access: The Customer confirms that they have obtained all necessary consents and permissions from all relevant parties to record and process the audio communications.

  • b) Data Processing: The Company may store, analyze, and generate text-based transcripts from the audio recordings. The Customer acknowledges that this processing is essential for the effective delivery of the Services.

  • c) Use of Data: The Customer understands that the audio recordings may be used to improve the Services, including enhancing the accuracy of transcription algorithms. The Company will take reasonable measures to protect the confidentiality of the recordings.

  • d) Compliance: The Customer agrees to comply with all applicable laws and regulations regarding the recording and processing of communications.

2.2 Liability Waiver: By using the Services, the Customer affirms that they have the authority to grant these permissions and that they will not hold TELAIR.NET LTD. liable for any claims arising from the use of the audio recordings provided.

3. Best-Effort Services

3.1 Service Provision: TELAIR.NET LTD. provides transcription services on a best-effort basis. The Customer acknowledges and agrees to the following:

  • a) While the Company strives to deliver accurate and reliable transcripts, the evolving nature of AI technology means that results may vary. The Company does not guarantee specific outcomes or results from the use of its Services.

  • b) The Company is committed to continuously improving its algorithms and methodologies. As such, the Services may be updated, modified, or enhanced periodically to reflect advancements in technology and feedback from Customers.

  • c) The Company disclaims all warranties, express or implied, regarding the Services, including but not limited to the accuracy, reliability, or completeness of the transcripts provided.

  • d) It is the Customer's responsibility to review and validate the transcripts generated by the Services. The Company encourages Customers to use their discretion and judgment in interpreting the results.

3.2 Acknowledgment of Limitations: By utilizing the Services, the Customer acknowledges that they understand the nature of transcription services and the limitations associated with them.

4. Customer Responsibilities

4.1 The Customer agrees to fulfill the following responsibilities when using the Services provided by TELAIR.NET LTD.:

  • a) Compliance with Laws: The Customer shall ensure that their use of the Services complies with all applicable laws and regulations, including but not limited to data protection, privacy, and telecommunications laws.

  • b) Obtaining Consent: The Customer is responsible for obtaining all necessary consents from individuals whose audio communications are being recorded and processed. This includes informing them about the purpose of the recordings and the use of transcription services.

  • c) Data Accuracy: The Services are reliant on clear recordings for accurate and complete transcription. The Company is not responsible for any inaccuracies in the data provided by recordings generated by the Customer.

  • d) Review and Validation: The Customer is responsible for reviewing and validating the transcripts. The Company recommends that Customers use the transcripts as a supplementary tool rather than the sole basis for decision-making.

  • e) Reporting Issues: The Customer agrees to promptly report any issues or discrepancies encountered with the Services to TELAIR.NET LTD. This feedback is essential for improving service quality and addressing any concerns.

  • f) Prohibited Uses: The Customer shall not use the Services for any unlawful or unethical purposes, including but not limited to harassment, discrimination, or any activity that violates the rights of others.

4.2 Acknowledgment of Responsibilities: By agreeing to these Terms of Service, the Customer acknowledges their understanding of these responsibilities and agrees to adhere to them throughout their use of the Services.

5. Limitations of Liability

5.1 To the fullest extent permitted by law, TELAIR.NET LTD. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the Services, including but not limited to:

  • a) Loss of Data: The Company is not liable for any loss or corruption of data resulting from the use of the Services or any interruptions in service.

  • b) Inaccuracy of Results: The Company shall not be liable for any inaccuracies in the transcripts or for any decisions made based on the transcripts provided.

  • c) Service Interruptions: TELAIR.NET LTD. does not guarantee uninterrupted access to the Services and shall not be liable for any downtime, system failures, or delays in service delivery.

  • d) Third-Party Claims: The Company is not liable for any claims made by third parties arising from the Customer’s use of the Services, including claims related to privacy violations or unauthorized data processing.

  • e) Aggregate Liability: The aggregate liability of TELAIR.NET LTD. for any claims arising out of or related to these Terms of Service or the services provided shall be limited to the amount paid for services during the preceding one-month period. This limitation applies only to Customers who are enrolled in the 'Plus' tier subscriptions or subscriptions specifically supporting transcription services and who are paying for the service in full. This limitation does not apply to Customers receiving all or part of their services at a discounted rate.

  • f) Exclusions: The limitations set forth in this section shall not apply to any liability that cannot be excluded or limited by applicable law.

5.2 Acknowledgment of Limitations: The Customer acknowledges that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between the parties and that the Services would not be provided without such limitations.

6. Confidentiality and Data Protection

6.1 Confidentiality

6.1.1 Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of using the Services. This includes, but is not limited to, business strategies, customer data, and any other information designated as confidential by either party.

  • a) Obligation of Confidentiality: Each party shall take reasonable measures to protect the confidentiality of such information and shall not disclose it to any third party without prior written consent from the disclosing party, except as required by law.

6.2 Data Protection

6.2.1 TELAIR.NET LTD. is committed to protecting the privacy and security of Customer data. The Customer agrees to the following:

  • a) Compliance with Data Protection Laws: The Customer shall comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and any other relevant legislation.

  • b) Data Processing Agreement: If applicable, the Customer agrees to enter into a separate Data Processing Agreement with TELAIR.NET LTD. to outline the terms under which personal data will be processed.

  • c) Security Measures: TELAIR.NET LTD. implements reasonable technical and organizational measures to protect Customer data from unauthorized access, loss, or alteration. However, the Customer acknowledges that no method of transmission over the internet or method of electronic storage is 100% secure.

  • d) Data Retention and Deletion: The Company shall retain Customer data only for as long as necessary to fulfill the purposes outlined in these Terms of Service or as required by law. Upon termination of the Services, TELAIR.NET LTD. will delete or anonymize Customer data in accordance with applicable laws.

6.3 Customer Data Responsibility

6.3.1 The Customer is solely responsible for the content of the audio recordings and any associated data submitted for transcription. The Customer represents and warrants that they have the right to provide such data and that it does not infringe on the rights of any third party.

7. Miscellaneous

7.1 Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.

7.2 Dispute Resolution: In the event of any dispute arising out of or relating to these Terms of Service or the services provided, the parties shall first attempt to resolve the dispute through informal discussions. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with the rules of the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in [Location], Ontario, and the decision of the arbitrator shall be final and binding.

7.3 Amendments: TELAIR.NET LTD. reserves the right to amend these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. Continued use of the services after any such changes constitutes acceptance of the new Terms of Service.

7.4 Severability: If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

7.5 Entire Agreement: These Terms of Service constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements and understandings, whether written or oral.

8. Additional Provisions

8.1 Contact Information: For any questions or concerns regarding these Terms of Service or the services provided, please contact us at:

**TELAIR.NET LTD.**575-3093 Bathurst St.Toronto, ON, M6A 2A3Email: compliance@telair.netPhone: +1 (855) 835-2471

8.2 Notices: Any notices or communications required or permitted under these Terms of Service shall be in writing and shall be deemed given when delivered personally, sent by certified mail, or sent via email to the addresses specified above. Notices shall be deemed received on the date of personal delivery, three (3) days after being sent by certified mail, or on the date of sending if sent via email.

8.3 Force Majeure: TELAIR.NET LTD. shall not be liable for any failure to perform its obligations under these Terms of Service if such failure results from any cause beyond TELAIR.NET LTD.'s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

8.4 Waiver: The failure of either party to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision or any other right or provision.

8.5 Assignment: TELAIR.NET LTD. may assign its rights and obligations under these Terms of Service to any party at any time without notice. Customers may not assign their rights or obligations without the prior written consent of TELAIR.NET LTD.

9. User Responsibilities and Termination

9.1 User Responsibilities: Customers are responsible for maintaining the confidentiality of their account information, including usernames and passwords. Customers agree to notify TELAIR.NET LTD. immediately of any unauthorized use of their account or any other breach of security.

9.2 Prohibited Activities: Customers agree not to engage in any of the following prohibited activities while using the services:

  • a) Using the services for any illegal purpose or in violation of any applicable laws or regulations.
  • b) Interfering with or disrupting the security, integrity, or performance of the services.
  • c) Attempting to gain unauthorized access to the services or related systems or networks.
  • d) Transmitting any harmful, offensive, or otherwise objectionable content through the services.
  • e) Using the services to transmit unsolicited promotional or advertising materials.

9.3 Termination: TELAIR.NET LTD. reserves the right to suspend or terminate a customer's access to the services, without notice, for any violation of these Terms of Service or any applicable laws. Customers may terminate their account at any time by providing written notice to TELAIR.NET LTD. Any termination will not relieve the customer of any obligations incurred prior to the termination date.

9.4 Effect of Termination: Upon termination of the services, all rights granted to the customer under these Terms of Service shall cease immediately. Customers are responsible for any fees incurred up to the termination date.