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Terms of Service

Last Updated: July 9th, 2024

1. Introduction

Welcome to Betta Dictation. These terms of service ("Terms") govern your access to and use of our software and website (collectively, the "Service"). Betta Dictation is a service provided by a company registered in Ontario, Canada ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms and acknowledge that you have read and understood our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. License to Use the Software

We grant you a limited, non-exclusive, non-transferable, revocable license to use Betta Dictation for your personal and internal business purposes, subject to compliance with these Terms. This license permits you to integrate and use the Service within your organization. It does not include any rights for resale or redistribution of the Service or its contents, nor does it permit public performance or display of the Service. This license is for the use of Betta Dictation within the licensed entity only and may not be shared or extended to other individuals or entities without our express written consent.

3. Disclaimer of Speech Recognition Accuracy

You acknowledge that Betta Dictation's speech recognition technology is inherently imprecise, involving statistical processing, and that errors in recognition and transcription are inevitable. You accept responsibility for identifying and correcting any errors in the transcription results before utilizing them.

4. Feedback and Suggestions

Any feedback, suggestions, comments, ideas, or other information provided by you regarding the Service (collectively, "Feedback") will become our exclusive property. You hereby assign to us all rights, title, and interest in and to such Feedback. You agree that you will not have any right or claim to any improvements or modifications made to the Service, or to any new or existing software, websites, or other products developed by us, as a result of any Feedback you provide. You further agree that you are not entitled to any compensation or reimbursement of any kind for the Feedback under any circumstances.

5. User Accounts

To access certain features of the Service, you must register for an account. You agree to: (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account and any license keys; (d) accept all risks of unauthorized access to your account; and (e) immediately notify us if you discover or suspect any security breaches related to the Service.

6. Acceptable Use

You agree not to use the Service in a manner that:

7. Subscriptions and Payments

The Service is available under a subscription model. Fees for subscriptions are billed in advance on a periodic basis and are non-refundable except where required by law. By subscribing, you authorize us to charge your payment method on a recurring basis at the frequency you have agreed to, without requiring your prior approval for each recurring charge.

8. Intellectual Property Rights

The Service and its content, features, and functionality are and will remain our exclusive property and that of our licensors. The Service is protected by copyright, trademark, and other intellectual property laws of Canada and foreign countries.

9. Limitation of Liability

In no event shall we, including our directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to, use of, or inability to access or use the Service, even if advised of the possibility of such damages. Specific events for which we are not liable include, but are not limited to:

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions. Failure to enforce any right or provision of these Terms by us will not be considered a waiver of those rights.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will notify you by posting the new terms on our website and updating the date at the top of this page. We may also notify you via email or within the Service if appropriate. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after the changes take effect will constitute your acceptance of the new terms.

12. Acceptance of Terms

By accessing or using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, you must not use the Service. Continued use of the Service following the posting of any changes to these Terms will constitute your acceptance of those changes.

13. Maintenance and Support

While we strive to provide continuous and uninterrupted service, you acknowledge and agree that we are not obligated to provide any maintenance or support services in connection with the Service. We shall not be liable for any failure to provide maintenance or support, or for any resulting damages or losses. You agree that your sole remedy for any dissatisfaction with the Service is to stop using the Service.

14. No Responsibility for User Actions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. We are not responsible for the actions of any users.

15. Compliance with Laws

You agree to comply with all applicable laws, regulations, and guidelines in connection with your use of the Service, including, but not limited to, laws regarding online conduct and acceptable content.

16. Indemnification

You agree to indemnify, defend, and hold harmless us, including our directors, officers, employees, contractors, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. This includes but is not limited to:

17. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

18. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The place of arbitration shall be Toronto, Ontario. The language of arbitration shall be English. Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

20. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

21. Contact Us

If you have any questions about these Terms, please contact us at [email protected].