Terms of Use

This terms of use agreement (this “agreement”) (together with the documents referred to in it) is a legal agreement between you and Nambix Technologies Private Limited (“Nambix”, “we”, “us” or “our”) for the use of our website: https://trulyscribe.com/ (“Site”) and web application: *.trulyscribe.com (collectively the “TrulyScribe Platform”). By accessing, browsing, using and/or registering to use the TrulySribe Platform, you acknowledge that you have read, understood, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. You agree that any use by you of the TrulySribe Platform shall constitute your acceptance of the agreement. We recommend that you store or print-off a copy of the agreement (including all policies) for your records. If you do not agree to the terms of this agreement, please refrain from using the TrulyScribe Platform.

Accessing the TrulyScribe Platform and using the TrulyScribe Services

2.1 We have developed the TrulyScribe Platform to provides following services but not limited to (collectively known as the “Services”)

•  – Automated transcription/captioning (using AI technology) of uploaded audio/video files to TrulyScribe Platform
•  – Automated translations (using AI technology) of captions (generated automated or uploaded manually)
•  – Subtitle/Caption Editor to improve accuracy and corrections
•  
• You can use the TrulyScribe platform to create captions, subtitles and translations manually.

2.2 Access to the TrulyScribe Platform is permitted on a temporary basis and we reserve the right to withdraw or amend the services or functionality that we provide on the TrulyScribe Platform without notice. We will not be liable if for any reason the TrulyScribe Platform is unavailable at any time or for any period.

2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement.

2.4 You must not misuse the TrulyScribe Platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the TrulyScribe Platform, the server on which the TrulyScribe Platform is stored or any server, computer or database or services connected to the TrulyScribe Platform. You must not attack the TrulyScribe Platform via a denial-of-service attack.

2.5 If you breach clause 2.4, you will be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the TrulyScribe Platform.

2.6 You shall not: (a) sell, lease, license or sublicense the Services; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Services or any software included in the Services; (c) provide, disclose, divulge or make available to, or permit use of the Services by, any third party; (d) copy or reproduce all or any part of the Services; (e) interfere, or attempt to interfere, with the Services in any way; (f) use the Services to engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the Services; (g) introduce into or transmit through the Services any virus, worm, trap door, back door; or (h) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Services.

Content uploaded as part of the Services

As part of using the Services you are permitted to upload content and information relevant to the Service. Audio/visual content submitted to us by you (and any intellectual property rights in it) is owned by you or your licensor. You grant us a non-exclusive licence to use that audio/visual content solely for the purpose of providing the Services and sharing it with third parties only for the purpose of providing Services. You must not upload any information that:

•  – is racially or ethnically offensive; facilitates or promotes illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability;
•  – is abusive, threatening, harassing or invasive of privacy;
•  – is false, unlawful or misleading; or
•  – impersonates, or misrepresents any third party.

You should ensure you have all rights, licences, permits, authorisations and consents to use the content and information you upload.

Additionally, by using the Services, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using our Site or by emailing us may be read or intercepted by others.

Limitation of Liability

Under no circumstances shall Nambix Technologies Private Limited or any of its predecessors, successors, parents, subsidiaries, affiliates, licensors, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages (including any loss of profits, revenue, data, or data use) that directly or indirectly result from the use of or the inability to use the TrulyScribe Platform or the Services or the information obtained on the TrulyScribe Platform or obtained from your use of the Services, including for viruses alleged to have been obtained from the TrulyScribe Platform or Services, even if Nambix has been advised of the possibility of such damages. In no event shall Nambix’s or any of its predecessors’, successors’, parents’, licensors’, subsidiaries’, affiliates’, officers’, directors’, shareholders’, investors’, employees’, agents’, representatives’, attorneys’ and/or their respective heirs’, successors’ and assigns’ total liability to you for any and all damages, losses, claims, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed INR 100.

NAMBIX DOES NOT GUARANTEE THAT THE SERVICES OR TRULYSCRIBE PLATFORM WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT NAMBIX WILL CORRECT ALL ERRORS. TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE – WHETHER DISCLOSED TO US OR NOT.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Nambix Technologies Private Limited and all of its predecessors, successors, parents, subsidiaries, affiliates, licensors, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you or by your agents, contractors, or Users of this Agreement or the representations, disclosures, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall fully cooperate with us in defending any such claim.  Nambix reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (as stated hereinabove).

11. Changes to these Terms

Nambix Technologies Private Limited may, in its sole discretion and without notice revise this agreement (or any of the documents referred to in this agreement) without any prior notice at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

12. Duplicate Accounts

We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate accounts without notification.

13. Eligibility

13.1 To be eligible for the TrulyScribe Platform, you must (a) be at least 18 years old and (c) agree to the terms of this agreement.

13.2 You further represent and warrant to us that if you are an individual and you open an account with us that you are not acting on behalf of an undisclosed principal or a third party beneficiary.

13.3 You undertake that your login may only be used by you and a login shared by multiple people is not permitted.

14. No Warranty

14.1 Use of the TrulyScribe Platform is at your own risk. The TrulyScribe Platform is provided on an “as is – where is” basis. We do not warrant or guarantee that the TrulyScribe Platform and all or part of its contents will be always available or that its use will not be interrupted.

14.2 You acknowledge that the TrulyScribe Platform may not be free of bugs or errors and you agree that the existence of any errors shall not constitute a breach of this agreement.

Copyrights and Use of Site Content

All content included or available on the TrulyScribe Platform and the Services, including the design, text, graphics, interfaces, and the selection and arrangements thereof, is the property of Nambix Technologies Private Limited (or its licensors) and is protected by the Intellectual Property Rights Regime / Legal Framework. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Nambix Technologies Private Limited or the copyright owner. You may not “mirror” any material contained on the TrulyScribe Platform without Nambix’s express written permission. Any unauthorized use of the materials contained on the Nambix Platform may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes and will attract applicable penalties – as prescribed under law.

Third-Party Sites

TrulyScribe Platform makes no representations whatsoever about any other website which you may access through TrulyScribe Platform. When you access a third-party website, please understand that it is completely independent from TrulyScribe Platform, and that TrulyScribe Platform has no control over the content on that website, even if TrulyScribe Platform provides information or services to the owner of that website or obtains products or services from the owner of that website. In addition, a link to a third-party website, product, or service does not mean that we endorse or accept any responsibility for the content or the use thereof. TrulyScribe Platform disclaims any and all liability and responsibility for such content on any such website. We advise you to take due care and caution to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

You acknowledge and agree that when you click on a link to a third party website on the TrulyScribe Platform you are leaving the TrulyScribe Platform and entering a third party website which is subject to its own terms and conditions. Please read all third party terms and conditions carefully before using such sites. Nambix accepts no responsibility or liability in respect of any events that occur whilst you are using third party platforms and services.

Privacy Policy

The privacy policy of TrulyScribe Platform forms an integral part of these terms by necessary implication. We strongly advise you to peruse the same carefully. You may read the Privacy Policy by clicking at the following link.

Applicable Law & Jurisdiction

This Agreement is governed and interpreted pursuant to the India and the Court of Gurgaon, Haryana shall have exclusive jurisdiction over any dispute arising out of the same. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

You may not assign this Agreement or transfer the Services or products or any interest therein without obtaining Nambix’s prior written consent.

16. TERMINATION

16.1 Either party may terminate this agreement immediately and without notice to the other party. You may terminate this agreement by deleting your Account and refraining to use the TrulyScribe Platform; however you shall still be liable for the Fees owed.

‍16.2 Upon termination or expiry for any reason:

‍(a) all rights granted to you under this agreement shall cease; (b) you must cease all activities authorized by this agreement; and (c) you must immediately delete your Account and cease using the TrulyScribe Platform and certify to us that you have done so.

‍16.3 Please note once you have deleted your Account we shall not be able to recover your files or any data so please download all required materials before you delete your Account.

‍16.4 We reserve the right to delete your Account on termination of this agreement and for non-payment of the Fees owed.

‍16.5 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Nambix Technologies Private Limited with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Nambix Technologies Private Limited.