Terms of Use On the website voice-api.app (“Site”), private individuals Andrey Enavin, Kirill Peshkin, and Vadim Sentyev (“Voice-API”), provide a platform for transcription, compliance monitoring, and analytics solutions (the “Voice-API Platform”). Use of the Voice-API Platform requires that you, as the user (“User”), accept all provisions, rules, and conditions of these terms of use (“Terms of Use”) as well as the license terms (“License Terms”), which form the basis of the agreement concluded between Voice-API and the User (“Contract”). If, for whatever reason, the User disagrees with these provisions and does not accept these Terms of Use, they must not enter the Site and must not use the Voice-API Platform. In case of any contradiction between the details of these Terms of Use and other documents on the Site, the details given within these Terms of Use shall prevail. Changes to the Voice-API Platform, pursuant to Section 6, as well as changes to statutory requirements, may make it necessary for Voice-API to amend these Terms of Use and/or the License Terms (“Amendment”). Voice-API will inform the User in the event of a planned Amendment about the content of the Amendment with at least four (4) weeks’ notice before the scheduled date of entry into force. The amended Terms of Use and/or the License Terms will only come into effect if the User has agreed to the Amendments. --- 1. CONDITIONS OF PARTICIPATION AND LOGIN DETAILS The User can use the Voice-API Platform if they are a natural person who has reached the age of 18. If the User uses the Voice-API Platform on behalf of a company or organization, the User confirms to Voice-API that they are authorized to act on behalf of that company or organization and agree to be legally bound by these Terms of Use on such company’s or organization’s behalf. Use of the Voice-API Platform requires that the User has fully completed the registration process for the Voice-API Platform. In order to register for the Voice-API Platform, the User needs to: a) enter their username, email address, and define a password; or b) use a profile of a (social) network operated by third parties, such as Facebook or Google ("Social Login"). If the User wishes to register for the Voice-API Platform by means of Social Login, the User will be redirected to the login/registration mask of the (social) network and can log in there with their username and password stored with this provider ("Login Details"). The Login Details chosen by the User are confidential information. The User acknowledges the necessity not to disclose these Login Details and promises to keep them secret, not share, or offer the Login Details to a third party without written permission from Voice-API. The User confirms that they, as the owner of the Login Details, bear responsibility for all access to the Voice-API Platform. The User is informed and agrees that Voice-API automatically accepts and recognizes the use of their Login Details as evidence that the User gained access to the Voice-API Platform. If the User has reason to believe that the confidentiality of their password has been compromised or unauthorized access to their Voice-API account is otherwise possible, the User agrees to promptly change the Login Details and notify Voice-API. Voice-API has the right to request password changes from time to time. Voice-API may block access to the User’s account, pursuant to Section 11, until such password change has been made. --- 2. SERVICE With the Voice-API Platform, Voice-API offers the User the opportunity to transcribe audio, monitor compliance, analyze data, and utilize various tools and features for business operations. The User can: - upload their own audio files or other content (“User Uploads”), - use transcription templates, compliance modules, or tools provided by Voice-API (“Voice-API Tools”), and/or - create individualized reports or analytics using User Uploads and Voice-API Tools on the Voice-API Platform (“User Generated Content”). Further, the User has the opportunity to share User Generated Content with other users as permitted by the Voice-API Platform. --- 3. FREE VERSION Voice-API may provide a free-of-charge version of the Voice-API Platform that includes a reduced set of features of the Voice-API Platform (“Free Version”). The scope of features that can be used within the Free Version is at Voice-API’s discretion, and Voice-API retains the right to change the scope of features or to stop providing a Free Version at any time. 4. SUBSCRIPTION PLAN, PRICING AND PAYMENT Voice-API offers various subscription plans for the use of the Voice-API Platform that include different sets of features and licenses (“Subscription”). The prices for the Subscription are specified under https://www.voice-api.app/pricing. Before ordering a Subscription plan, the User must create a free user account. By selecting a Subscription plan and clicking on the button (referred to as "Order with obligation to pay" or similar) at the end of the order process, the User places a legally binding offer to conclude a contract regarding the chosen Subscription plan. Prior to placing the order, the User may always make adjustments to the order. Upon receipt of the order, the User will receive an automatically generated summary of the Subscription. This is a non-binding confirmation receipt to let the User know that the order has been duly received and which Subscription the User has ordered. Only upon Voice-API’s order confirmation or the start of the actual provision of services shall a contract be concluded. The prices of the Subscription can be paid monthly or annually via credit card. The User’s Subscription will automatically renew on a monthly or yearly basis, depending on which plan the User chose, unless it has been terminated. All prices are net prices plus the applicable taxes and fiscal charges that accrue by law. The User may cancel the automatic renewal of their Subscription at any time through the Voice-API account settings. Cancellation will take effect at the end of the current billing cycle. Users are advised to cancel subscriptions at least 24 hours before renewal to avoid being charged for the next billing period. 5. RIGHT OF WITHDRAWAL If the User is a consumer within the meaning of § 13 German Civil Code, Voice-API will inform the User about their right of withdrawal within the scope of the respective order process. The User acknowledges that Voice-API will not commence the provision of services with regard to the Voice-API Platform until the expiry of the withdrawal period, unless the User has expressly waived their right of withdrawal by clicking on the relevant checkbox as part of the ordering process. 6. AVAILABILITY, FUNCTIONALITY AND CHANGES Voice-API offers the User the possibility to use the Voice-API Platform if and to the extent that the Voice-API Platform is available and functional. However, Voice-API does not guarantee the continuous availability and functionality of the Voice-API Platform. Voice-API offers the possibility to use the Voice-API Platform only with the functionalities and the quality that the Voice-API Platform currently provides at the time, but Voice-API does not promise any specific functionality or quality, except that the Voice-API Platform generally provides for the scope described in Section 2. Information about the functionality and quality of the Voice-API Platform on the Site or in advertising material is not part of the Contract concluded between Voice-API and the User, unless explicitly referred to in these Terms of Use. Voice-API reserves the right to make changes to the Voice-API Platform, including to modify functionalities (together: “Changes”), at any time without prior notification, provided that the Voice-API Platform continues to generally provide the scope described in Section 2 and that such Changes are not unreasonable for the User. However, Voice-API is not obligated to make any Changes. Voice-API does not warrant that information given on the Voice-API Platform is complete, accurate, or compliant. 7. DUTIES OF CARE AND COOPERATION The User is responsible to ensure that the electronic equipment they use has all the relevant technical specifications that are required for using the Voice-API Platform. The User agrees to use the Voice-API Platform solely in compliance with all applicable laws. The User is prohibited from using the Voice-API Platform to support activities that may cause Voice-API to violate applicable law. The User is responsible for any User Uploads and User Generated Content provided by the User on the Voice-API Platform. In particular, the User must ensure that (i) User Uploads and User Generated Content do not violate personal rights, advertising rights, copyrights, publishing rights, or any other rights of any other person, and (ii) no license or other fees are incurred through their use. The User further undertakes not to provide any User Uploads or User Generated Content that is offensive, discriminatory, glorifies violence, is defamatory or misleading, promotes or supports an illegal act or otherwise violates applicable law and agrees to avoid using the Kittl Platform in an inappropriate manner including, but not limited to: Falsifying or imitating data concerning an original source of Designs on the Kittl Platform, Advertising or selling goods or services of any kind, and also placing on the Kittl Platform any information without any relation to the specialization of Kittl Platform resources (such as surveys, advertisements, or spam mailings), Downloading or saving any User Uploads, User Generated Designs or other files from the Kittl Platform if the User knows that such downloads or copies are unlawful, cannot or should not be legally distributed, Using any Kittl Platform options including but not limited to sharing User Uploads or User Generated Designs with other users of the Kittl Platform for advertising purposes, to distribute referral links, promote files, designs, goods, services or activities, whether or not connected to the Kittl Platform. The User also agrees not to use the Voice-API Platform in a way that: - Searches, retrieves, copies, or monitors the Voice-API Platform and/or its elements using a program, algorithm, or comparable method for collecting or extracting data (such as using automated tools like bots, spiders, or scrapers). - Is designed to modify, reproduce, or otherwise make available to the public, or publicly broadcast, or create a separate service comparable to, or to replicate (any part of) the Voice-API Platform. - Damages, disrupts, or otherwise impairs the operation of the Voice-API Platform as well as the systems, infrastructure, and/or applications used to operate it, which includes sending, transmitting, or implementing files that contain viruses, worms, Trojan horses, or other harmful or destructive features. - Is designed to investigate, scan, or test vulnerabilities of the Voice-API Platform or to circumvent or compromise security and/or authentication measures that protect the Voice-API Platform and/or its elements. - Copies, translates, disassembles, decompiles, reverse engineers, or otherwise modifies the software of the Voice-API Platform in whole or in part, or creates derivative works thereof. 8. INTELLECTUAL PROPERTY AND RIGHTS OF USE The User is only allowed to use the Voice-API Platform, its features, functionalities, and documentation to the extent specified in these Terms of Use. Unless otherwise explicitly provided in these Terms of Use, all rights to the Voice-API Platform, its features, functionalities, and documentation are – in the relationship between the User and Voice-API – owned by Voice-API or its licensors. The rights that Voice-API grants to the User with respect to the generated content and the rights that the User grants to Voice-API with respect to the User Uploads and User Generated Content are set out in and subject to the License Terms. If the User creates and provides Voice-API with feedback, suggestions, or ideas in the context of the integration and/or use of the Voice-API Platform (“Feedback”), the User assigns to Voice-API all right, title, and interest (including all copyright, patent, and other intellectual property rights) in such Feedback for all current and future methods and forms of use and exploitation. If such rights in Feedback cannot be effectively assigned under applicable law, the User grants Voice-API the exclusive, worldwide, unrestricted, perpetual, irrevocable, royalty-free rights to use and exploit such Feedback for all current and future methods and forms of use and exploitation in any way; such rights include in particular, but are not limited to, the right to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback. Voice-API is not required to make use of any Feedback. It is in Voice-API’s sole discretion whether and how Voice-API uses any Feedback provided by the User. If Voice-API makes use of the User’s Feedback, Voice-API is not required to credit or compensate the User in any way or form. --- 9. PROCEDURE OF NOTIFICATION AND PRESENTATION OF INFRINGEMENT CLAIMS Voice-API does not control User Uploads, User Generated Content, and information exchanges performed through the Voice-API Platform and is not responsible for such content. Nevertheless, Voice-API has the right to remove, delete, refuse to publish, or edit User Uploads or User Generated Content that Voice-API may regard as violating or presumably violating these Terms of Use, the License Terms, privacy rights, intellectual property rights, or similar rights of third parties. If the User believes that certain content on the Voice-API Platform violates these Terms of Use, License Terms, and/or applicable law, the User should report such content to Voice-API using the Contact Us section on the Site or by email at info@voice-api.app. Voice-API will promptly review reported content and remove any such content that violates these Terms of Use, License Terms, and/or applicable law. --- 10. TERM AND TERMINATION The Contract for the use of the Voice-API Platform runs for an indefinite period of time. The User can terminate the Contract at any time without observing a notice period and without giving a reason. This can also be done by deleting the User’s Voice-API account. Voice-API can terminate the Contract for convenience by observing a reasonable notice period, especially if: - Voice-API reasonably considers that the User has used the Voice-API Platform in a fraudulent manner, in breach of these Terms of Use, the License Terms, or for illegal or improper purposes. - Voice-API reasonably considers that the User has used the Voice-API Platform in an unfair manner, has deliberately cheated or taken unfair advantage of Voice-API or any other users, or if the User’s Voice-API account is being used for the benefit of a third party. - Voice-API is required to do so to comply with applicable law, an order of a court, or another regulatory authority. Voice-API’s right to suspend the User’s access to their Voice-API account pursuant to Section 11 remains unaffected. --- 11. SUSPENDING ACCESS TO THE USER’S VOICE-API ACCOUNT Voice-API may at its sole discretion suspend access to the User’s Voice-API account if Voice-API reasonably determines or has reasonable grounds to suspect that the use of the Voice-API Platform by a User: - Violates these Terms of Use, the License Terms, and/or applicable law. - Infringes the rights of third parties. - Poses a security risk to the functionality of the Voice-API Platform. - Could subject Voice-API and/or other users to liability. - Could be fraudulent. Voice-API also reserves the right to suspend access to the User’s Voice-API account if the User has refused to change the Login Details after being requested by Voice-API to do so or has refused to agree to a reasonable Amendment of these Terms of Use or the License Terms by the scheduled date of the Amendment coming into effect. Voice-API will remove a suspension as soon as the reason for the suspension no longer exists. For this purpose, the User is welcome to contact Voice-API at info@voice-api.app to obtain clarification. Further claims against the User remain unaffected. 12. LIMITATION OF LIABILITY Voice-API’s liability is excluded to the fullest extent permitted by applicable law. Voice-API is only liable as follows: Exclusions of Liability: Voice-API is not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, business, data, or goodwill. Voice-API is not liable for damages resulting from minor negligence unless such damages arise from the violation of essential contractual obligations (cardinal obligations). Liability for Cardinal Obligations: In the event of minor negligence, Voice-API's liability is limited to the foreseeable damages typical to the Contract. Cardinal obligations are those that are essential to the proper performance of the Contract and on which the User can regularly rely. Mandatory Liability: The limitations and exclusions above do not apply in cases of: - Intentional misconduct or gross negligence. - Damages arising from injury to life, body, or health caused by Voice-API. - Liability under mandatory statutory provisions, such as the German Product Liability Act. Cap on Liability for Paid Services: For paid services, Voice-API's total liability shall not exceed the amount paid by the User to Voice-API in the twelve (12) months preceding the incident giving rise to the claim or €1,000, whichever is lower. User’s Obligations: The User acknowledges their responsibility to back up any data, including User Uploads and User Generated Content, used in connection with the Voice-API Platform. Voice-API accepts no liability for data loss. Liability for Third Parties: The above limitations of liability apply equally to Voice-API's vicarious agents, employees, and legal representatives. Voluntary Recommendations: Voice-API strongly recommends that the User takes appropriate precautions, including backups and adequate security measures, to minimize the risk of damages or losses arising from the use of the Voice-API Platform. --- 13. THIRD-PARTY DISCLOSURE The use of certain Voice-API services may require the disclosure of User data, including but not limited to names, contact details, and uploaded content specifications, to reputable third-party service providers. Voice-API ensures that such disclosures comply with applicable data protection laws, including the GDPR. If data transfers involve cross-border jurisdictions, Voice-API guarantees that adequate safeguards, such as Standard Contractual Clauses or equivalent measures, are implemented to protect user data. --- 14. THIRD-PARTY WEBSITES There may be links to third-party websites on the Voice-API Platform. Such links are provided solely for the User’s convenience. Their presence does not imply that they are recommended or endorsed by Voice-API. Voice-API does not warrant the safety, accuracy, or completeness of such websites, nor does it accept any liability for damages arising from the use of such third-party websites. The User accesses these websites at their own risk and is subject to the terms and conditions of the respective third-party providers. --- 15. CONTACT INFORMATION For any questions regarding the provisions of the Contract, please contact Voice-API at info@voice-api.app. --- 16. ONLINE DISPUTE RESOLUTION The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. Voice-API is not obligated to participate in online dispute resolution but encourages Users to contact Voice-API at support@voice-api.app to resolve disputes amicably. All disputes arising from the Contract shall be resolved exclusively under the laws of the Federal Republic of Germany. --- 17. MISCELLANEOUS The Contract constitutes the entire agreement between the User and Voice-API with regard to the subject matter hereof. The User is not entitled to transfer the Contract to third parties without Voice-API’s prior written consent. Subject to any mandatory provisions of the applicable law of the User’s place of residence, the Contract is subject to the laws of the Federal Republic of Germany, excluding the United Nations’ Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for pecuniary disputes arising out of or in connection with the Contract is Berlin, Germany, if the User, as the party to be sued, is a merchant, legal person under public law, or special asset (Sondervermögen) under public law or the User has moved his/her domicile or usual place of residence to a place outside the Federal Republic of Germany or if the User’s domicile or usual place of residence is not known to Kittl at the time the action is filed. Should any individual provision of this Contract be or become invalid or unenforceable, this shall not affect the validity of the other provisions of the Contract, which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which accords most closely with the presumed intention and the intended purpose of the Contract, and the parties agree to provide any necessary declarations in this respect. The order text is not stored by Voice-API and can no longer be retrieved after the order process has been completed. However, the User can print out the order data immediately after sending the order. This Contract and all related documents are written in English. Any translation hereof or any version in a language other than English shall be for convenience purposes only. In the event of any discrepancy between this English language version and any other language version, the English language version shall prevail.