Last Modified: February 24, 2021
This legally binding agreement (this “Agreement”) between you and JusticeText Inc., a Delaware corporation (the “Company”), governs your use of the services associated with the Company, including, but not limited to, the Company’s website and online platform located at www.JusticeText.com (the “Website”).
For ease of reference, the “System” means all of the features and functionality of the Website and the Company’s associated platform, including all aspects of the audio and video transcription services offered by the Company, together with all downloadable and non-downloadable content, software, APIs, products, and services thereon or otherwise made available to you by the Company. Please note that you must read and agree to the terms and conditions of this Agreement before you use the System. If you do not agree to the terms and conditions of this Agreement, then you shall NOT use any part of the System.
The terms “we,” “us,” “our,” and “ours” when used in this Agreement mean the Company. The terms “you,” “your,” and “yours” when used in this Agreement mean any user of the System.
The Company employs automated algorithms using machine learning and artificial intelligence to transcribe audio and video recordings uploaded by you, the user. You acknowledge and agree that such computer-generated transcriptions are intended only as tools to aid in data processing and preparation, not as authoritative records of events. All transcriptions must be checked for accuracy by you, the user. You agree not to rely directly on transcriptions generated by the System as evidence in a court, arbitration, mediation, or any other formal proceeding or settlement negotiation. The Company is not responsible for errors or omissions in any transcription or for any consequences arising from application of information obtained from transcriptions on the System, and makes no warranty, express or implied, with respect to the contents, completeness or accuracy of said transcriptions.
Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make use only of those features of the System in respect of which you have paid all applicable fees and charges, if required, and only for so long as you comply fully with the provisions of this Agreement. As further described in Section 13 and Section 22, we reserve the right to revoke your access to all or any part of the System at any time.
You acknowledge that the Company reserves the right to charge for some or all of the products and services it offers and to change its fees from time to time in its sole discretion. You agree to pay all charges incurred at the prices in effect when such charges are incurred. All prices and fees are in U.S. dollars. Promotional offers, if any, will not apply to your use of the System unless explicitly offered to you and agreed to by us.
The Company may offer access to the System for free to new users for some initial period or for a fixed amount of usage before requiring a purchase. Such initial access does not establish any ongoing obligation of the Company to provide access to the System to any user.
All payments for the Company’s services are processed by our third-party payment partner, Stripe. Stripe may require certain personal information to complete your purchase. Such information will be handled by Stripe according to its privacy policies, and billing will likewise be processed according to Stripe’s terms of service. The Company takes no responsibility and assumes no liability for any actions or omissions of such third party.
If we modify, suspend, remove, discontinue, or terminate your access to the System, you will forfeit any pending, current, or future account credits and any other forms of unredeemed value in your account without notice, and you will not be entitled to a refund.
Certain subscriptions, where the term of subscription is either a month or a year, are automatically renewed on a monthly or annual basis, respectively, unless you cancel your subscription or we terminate it (“Repeating Subscription”). Payment for a Repeating Subscription will be processed automatically by Stripe in advance of the coming subscription’s term. You may cancel your Repeating Subscription via the System from your account page at any time, in which case you will not be refunded for any portion of the current term, but you will have access to all paid features of the System until the current term ends. If you exceed the usage limits of your Repeating Subscription during a given term, you may be blocked from processing additional content until the following term, or required to renew your Repeating Subscription early in order to process additional content.
All information that you provide to us or our third-party payment processor must be accurate, current, and complete. You represent and warrant that you are the owner, holder, and authorized user of the credit or debit card account specified by you and you agree that we are authorized to take payments from your account (through Stripe) as and when they become due. You understand that only you may use your user account, and that your subscription to all or any part of the System, if any, is only valid for your own use and may not be shared with others.
After you have purchased a subscription to any of the Company’s services, your payment will be processed, and you will not be able to receive a refund. Any violation of the terms of this Agreement may result in the cancellation of your subscription without refund. We have no obligation to refund any unused or inadvertently renewed subscriptions, and it is always within our sole discretion whether to grant any refunds.
The Company reserves the right to change this Agreement at any time and from time to time. Any material amendments intending to bind an existing user of the System become effective after notification has been displayed on such user’s account settings page or otherwise delivered to a user through any permissible means of communication specified herein.
You are responsible for maintaining the confidentiality of any passwords for your account, and are fully responsible and liable for all activities that occur under your password and account, whether conducted by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft or unauthorized disclosure, you shall immediately notify us of the need to change or deactivate the password. Until we are so notified, you shall remain liable for any unauthorized use of your account. You shall not use another user’s password or account without the Company’s prior written consent.
The System contains functionality that allows you to upload audio and video content for transcription along with associated tags and descriptions (together, “User Content”). By submitting User Content, you represent and warrant that such submission is not prohibited under any applicable local, state, or federal law, regulation, or court order. Additionally, you automatically grant us, or represent and warrant that the owner of such User Content or intellectual property has expressly granted us, a royalty-free, perpetual, world-wide, non-exclusive, and transferrable license to use, reproduce, create derivative works from, modify, publish, edit, translate, transcribe, distribute, and display the User Content through the System and any necessary third party services for the purpose of providing you with the transcription and related services of the System. We are not responsible for any User Content you submit or the consequences of submitting such User Content.
The Company has the right but not the obligation in its sole discretion to pre-screen, refuse, move, or remove any User Content from the System for any or no reason and with or without notice, and to take any action with respect to User Content that it deems necessary or appropriate in its sole discretion, including, without limitation, if such User Content is believed to violate this Agreement or could create liability for the Company or any other user.
Any User Content is not endorsed by the Company, and we make no guarantee, representation, or warranty regarding the confidentiality, reliability, accuracy, or quality of any User Content that is posted on the System. You acknowledge that you will evaluate and bear any risks related to your use or submission of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content you upload is your sole responsibility. You agree that we are only acting as a passive conduit for the editing and transcription of your User Content.
The Company may establish general practices and limits concerning use of the System, including, for example, limits on the amount of disk space that will be allocated on the Company’s servers, or those of its third-party service providers, on your behalf. You agree that the Company has no responsibility or liability for the deletion or failure to store any User Content provided by you or otherwise maintained or transmitted by the Company and its third-party service providers.
The Company collects and analyzes data and other information relating to the provision, use and performance of various aspects of the System and related technologies (“Usage Data”). The System may be implemented using machine learning systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing User Content and Usage Data (“Machine Learning”). You authorize the Company to use such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the System. Nothing in this Agreement gives you any rights in or to any part of the System or the Machine Learning generated by the Company or the Machine Learning generated in the course of providing the System.
You agree that we may send to you any privacy or other notices, disclosures, or communications regarding your use of the System (collectively, “Communications”) through electronic means, including but not limited to: (1) email, using the email address that you provide to us during registration; or (2) by posting the Communications on the System.
The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivered Communication. You can opt out of receiving future Communications by written notice using the contact information below or by cancelling or discontinuing your use of the System. Should you choose to opt out of receiving Communications, but continue to use the System, then you are responsible for reading the content on the System regarding any policy changes.
The Company will not include your personal data or User Content in any Communications, though the Company may include such data or content when contacting you directly via a secure message service. The Company cannot secure any data sent to us by email because such information can be accessed by other internet users. If you choose to send your data by email, you acknowledge and agree that email is an insecure means of communication. Information relating to your account, your User Content, and the services you use are stored on secure, encrypted servers maintained by the Company and our third-party partners.
The layout, design, Machine Learning, and Company-created content and graphics on the System, as well as the System itself (collectively, the “System Content”), are protected by U.S. laws and are the Company’s sole and exclusive property. The Company grants you a non-exclusive, limited, non-transferable, royalty-free, freely revocable license to view the System Content and to display, download, email, or print individual pages of the System in a manner that is otherwise in accordance with this Agreement, provided you do not remove any trademark, copyright, or other notice contained on such pages, and you acknowledge that you do not obtain any ownership rights thereto in doing so.
No part of the System Content may be reproduced, caused to be reproduced, or stored in any medium, including, but not limited to, a retrieval system, or transmitted, in any form or by any means (including electronic, mechanical, photocopying, recording, or broadcasting), nor shown in public by any person or entity other than the Company without the Company’s prior written consent. You shall not create any derivative work or make any other adaptation of the System Content. You shall not use any illustrations, photographs, videos, or audio sequences or any graphics that are part of the System Content for any purpose outside your interface with the System. You shall not modify, copy, distribute, re-publish, transmit, perform, publish, reuse, resell, license, transfer, or sell any System Content except as expressly noted above. You shall not use our name, logos, trademark, or brands, or those of other users, without our express prior written consent.
If you show, record, display, capture, or print any System Content in breach of this Agreement, your right to use the System will cease immediately and you shall at our option return or destroy any copies of the materials you have made. All rights not expressly granted in this Agreement are reserved to the Company. For all other uses of System Content, you must contact us and obtain our prior written permission.
You may choose, or we may invite you, to submit comments or ideas about the System, including, but not limited to, suggestions about how to improve our services or products (“Ideas”). By submitting Ideas, you agree that your disclosure is gratuitous and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.
Certain third-party intellectual property including trademarks may be displayed on the System where said parties’ services are utilized to enable certain functions and features within the System. Such marks and other intellectual property belong to those third parties and are subject to their own policies. You agree not to reproduce or cause to be reproduced or stored in any form the intellectual property of said third parties, and you agree to hold the Company harmless for any damages that may result from your use of said property in a manner not explicitly authorized by this Agreement.
You agree that you shall not use the System to:
You also agree not to:
We will determine, in our sole discretion, whether there has been a breach of this Agreement through your use of the System. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include any or all of the following actions:
The Company has no liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.
The use of the System (including, but not limited to, System Content) is at your own risk. The System is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the Company gives no, and hereby disclaims any, representation or warranty, express or implied, as to the quality, content, and availability, or fitness for a specific purpose, of the System, or to the accuracy of the information contained in any of the materials on the System. We make no guarantee that the System will help you achieve your goals, meet your requirements, or be available on an uninterrupted, secure, or error-free basis. Changes are periodically made to the System and may be made from time to time and at any time without notice to you. The Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company is not liable to any person for any loss or damage of any kind which may arise, directly or indirectly, from the use of or inability to use any of the information contained on the System, or the System. There is no guarantee of availability of the System at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or
information whether oral or in writing obtained by you from the Company creates any warranty on behalf of the Company.
We disclaim any and all liability regarding any legal action, court decision, or other effect on any person resulting from information or transcripts offered or provided via the System or Machine Learning.
Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.
Those choosing to access the System are responsible for compliance with all local laws, including those which may apply to the upload of User Content on the System which may be prohibited locally. The Company makes no representation or warranty that any products, services, and/or material described on the System, or through any of its services, are appropriate, legal, or available for use in a given location, including due to the applicability of data privacy laws or court orders that may differ based upon the applicable jurisdiction.
To the fullest extent permitted by applicable laws, the Company, its affiliates, officers, directors, employees, licensors or any third parties shall not be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the System or any portion thereof or the System’s Machine Learning, even if you have advised the Company about the possibility of such loss, and including any damages resulting therefrom.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, will not exceed the amount you have paid to the Company, or, if you have made no payments to the Company, then $100.
Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.
Some jurisdictions do not allow the exclusion or limitation of liability of some or all of this Section, so these limitations may not apply to you.
The Company will make reasonable efforts to keep the System operational. However, certain technical difficulties, maintenance, or other causes beyond our reasonable control, including, but not limited to, failure of the internet, natural disaster, labor shortage or dispute, pandemic, public health emergency, or governmental act may, from time to time, result in interruptions. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the System (or any part thereof) as soon as practicable. Following any disruption within the Company’s reasonable control, we shall extend your access to any purchased services for at least the duration for which those services were inaccessible upon written request to the below address to the extent that we do so generally for all similarly situated users. Note that full use of the System is dependent upon your use of a computer or mobile device, as applicable, with adequate software and internet access. You are responsible for all internet access changes. The Company reserves the right to modify or discontinue at any time, temporarily or permanently, functions and features of the System with or without notice.
Description of or reference to any organization, product, practitioner, publication or link to an external website does not imply endorsement by the Company. Equally the omission of any such
names does not necessarily indicate a lack of endorsement by the Company.
Certain hypertext links on the System may lead to other third-party websites which are not under the control of the Company. When you activate any of these, you will leave the System and the Company has no control over, and will accept no responsibility or liability for, the material on any website which is not under the control of the Company. The Company will not notify you that you have left the System. The Company does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise, about the content of any external website link.
You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, employees, partners, and licensors (each an “Indemnified Party”) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, expenses or demands, including, but not limited to, reasonable attorneys’ fees, incurred by them due to, arising out of, or related to User Content you upload to the System, your use of the System, its Machine Learning or other Company services, your connection to the System, your violation of this Agreement, your
violation of any rights of another user of the System, or your violation of any applicable laws, regulations, or third-party rights as such violation relates to your use of the System.
The Company may assign or otherwise transfer this Agreement or any part of it without restrictions. You shall not assign or otherwise transfer this Agreement or any part of it to any third party without the prior written consent of the Company.
If any provision of this Agreement is held to be unlawful or unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement remain in full force and effect.
If at any time we fail to enforce any of our rights or fail to insist that you perform any of your obligations under this Agreement, or if we delay in doing so, such failure will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This Agreement is solely between you and the Company, will become effective when you start using the System, and will remain effective until terminated by you or the Company. You may deactivate your account and any subscription at any time, for any reason, via the System from your account page or by sending an email to email@example.com.
The Company reserves the right to terminate this Agreement or suspend your account or use of or access to all or any part of the System at any time, with or without notice, in our sole discretion, and with respect to any or all users and all or any part of the System. If the Company terminates this Agreement or suspends your account, for any of the reasons set out in this Section or otherwise, the Company has no liability or responsibility to you whatsoever, and the Company will not be obligated to refund any amounts that you have already paid. In the event of such termination or suspension, you additionally agree not to create any new account, access the System with an alternate account, or continue attempting to use the System with the terminated or suspended account.
Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to the System or any portion thereof pursuant to our internal record retention and/or content destruction policies. After such destruction, the Company will have no further obligation to provide you services, except to the extent we are obligated to provide you access to your records.
Access to or use of the System may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the System. We make no representation or warranty that the information contained herein, or the System itself or any component thereof, is appropriate or available for use in any particular location.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION IS REFERRED TO AS THE “ARBITRATION AGREEMENT.”
A. Scope of Arbitration Agreement. You agree that any dispute or claim between you and the Company and/or any other Indemnified Party arising out of, relating in any way to, or in connection with (i) this Agreement, (ii) your access or use of the System, (iii) any advertising or marketing communications regarding us or the System, or (iv) any other aspect of your relationship with the System or transactions with us will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights. By accepting this Arbitration Agreement you elect not to participate in cases that attempt to assert class action claims. IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
B. Opt Out. You may opt out of this Arbitration
Agreement. If you do so, neither you nor the Company or any other Indemnified Party can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, the email address you use to log in to the System, and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: firstname.lastname@example.org. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
The following provisions survive termination of this Agreement: Section 11 (Intellectual Property), Section 15 (Limitation of Liability), Section 18 (Indemnity), Section 20 (Entire Agreement), Section 21 (Severability and Waiver), Section 24 (Governing Law), and Section 25 (Dispute Resolution).
The provider of services is JusticeText Inc. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
You can contact us via the following:
Irvine, CA 92614
Please note that we are unable to answer any requests for legal advice. Such inquiries should be addressed to a qualified legal practitioner.
I ACKNOWLEDGE THAT ALL MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF SERVICE AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.