Terms of Use
These terms of use govern your access to and use of the entire contents of the websites available at www.realspeaker.org , www.realspeaker.me , www.realspeaker.net , www.realspeaker.co or subdomains of these sites (“Website”) (including the Services) owned and operated by RealSpeaker Limited, a company registered by the following address: H91 HY51, The Portershed, Eyre Square, Galway, Ireland, Company Number: 587566, VAT: 3430243GH (“RealSpeaker”, “us”, “we”, “our”). Please read these terms of use carefully before using the Website. They are a legal agreement between you and RealSpeaker. Using any part of the Website indicates that you accept these terms of use. If you do not accept these terms of use, please do not use the Website, cease downloading the Website, or leave the Website.
1. The Website and the Services
1.1 RealSpeaker offers and maintains the Website to provide one or more of the following Services to you:
(a) automated transcription of audio/video files uploaded to our Website;
(b) a document format (a “RealSpeaker”) that aligns words with those audio/video files;
(c) an editor that allows users to search, verify and correct the content of their My Medias; and
(d) a variety of methods for exporting and sharing the contents of My Medias.
(together, the “Services“).
1.2 Some Services are free. Some are paid for. They vary in duration. If you receive Services for free, we reserve the right to cap your use at our sole discretion. The Services are provided in accordance with the service level agreement included in these terms of use at clause 6. We make no further warranties or representations in relation to the Services. In addition, there are restrictions on the Services which you should read.
1.3 RealSpeaker is new web-platform. We are still in Beta as we create and refine. Your feedback will help us make RealSpeaker more effective and more useful. If you have any questions, concerns, or comments regarding these terms of use or anything else related to RealSpeaker, please contact us.
1.4 RealSpeaker licenses use of the Website to you on the basis of these terms of use. RealSpeaker remains the owner of the Website and the Services at all times.
1.5 RealSpeaker may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the current terms of use because the up to date terms of use are the ones that will be binding on you.
2. Fees and Payment
2.1 You shall pay the applicable fee to us as set out in Fee Table 
2.2 All sums payable under these terms of use are inclusive of VAT, if applicable.
3. Promotions and Marketing Offers
3.1 RealSpeaker may offer promotional offers from time to time which may include promo codes or account credits, may be subject to expiration dates and may only be applicable to selected users of the Website. RealSpeaker reserves the right to remove credit from a user account or end a promotion without notice if at the sole discretion of RealSpeaker it believes a user is not acting in good faith in relation to the terms of the promotion.
4. Use of the Website and its Content
4.1 In return for you agreeing to comply with these terms of use, RealSpeaker grants you a licence to use the Website on each device (eg phone, tablet) you use to use the Website. We only grant this licence to you and you cannot transfer or sell it to anyone else. We grant identical and similar licences to all users of our Website. The licence we grant is subject to these terms of use and RealSpeaker’s  
4.2 All images, text, icons and other content on the Website (“Content”), as well as the arrangement of the Content on the Website, is protected by copyright and other intellectual property rights. Except as provided in these terms of use, or otherwise in writing by RealSpeaker, you are not granted any licence to use the Content or its arrangement. Nothing in these terms of use grants you a licence to use any RealSpeaker trade marks or the trade marks of any third parties on the Website.
4.3 Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Website or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.
4.4 You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website except to the extent allowed by law.
5. Your accees to our Services
5.1 While RealSpeaker endeavours to ensure that the Website is normally available 24 hours a day, RealSpeaker shall not be liable if for any reason the Website is unavailable at any time or for any period.
5.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond RealSpeaker’s control.
5.3 The Services are provided in accordance with the SLA.
5.4 When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.
6. SLA
6.1 RealSpeaker shall deliver My Medias to you within the Turnaround Time Commitment 99% of the time.
6.2 Our “Turnaround Time Commitment” means that the time taken between us sending confirmation to you of successful upload of the relevant file and us sending the RealSpeaker to you (in each case as recorded by us) shall be within the greater of either one (1) hour or two times (2 x) the length of the uploaded file.
6.3 Our Turnaround Time Commitment is subject to and conditional upon:
(a) your uploaded files being no greater than 1GB in size or 2 hour in length (or less); and
(b) you not bombarding us with files (as judged by us in our reasonable discretion).
6.4 We shall not be deemed to have failed to meet our Turnaround Time Commitment if such failure is attributable to:
(a) an event or events outside of our reasonable control that render performance commercially impracticable, including events resulting from your actions or inactions (including, without limitation, a defect in the uploaded files); or
(b) scheduled downtime of which you have been notified in advance (and at least 48 hours in advance of such scheduled downtime),
collectively, “Mitigating Factors“.
6.5 If we fail to meet a Turnaround Time Commitment for an uploaded file and none of the Mitigating Factors are applicable, we will provide you upon written request with a credit in time equal to fifty (50) percent of the length of the uploaded file (“Service Credit”). The relevant Service Credit must be utilised in by the end of the month immediately following your request. You acknowledge and agree that any Service Credit provided by us to you for a failure to meet a Turnaround Time Commitment will be your sole remedy for any failure by RealSpeaker to meet a Turnaround Time Commitment.

7. Your Privacy
7.1 RealSpeaker is committed to respecting your privacy and the privacy of all individuals using the Website. More information regarding how RealSpeaker may use your personal data can be found in RealSpeaker’s Privacy Policy which is incorporated into these terms of use by reference.
8. Your Content and Confidentiality
8.1 Audio/visual content submitted to RealSpeaker by you (and any intellectual property rights in it) is owned by you or your licensor. You grant RealSpeaker a non exclusive license to use that audio/visual content solely for the purpose of providing the Services. The Services are used by you so that we can produce My Medias. Those My Medias (and any intellectual property rights in them) are owned by you, subject to you having paid the fees required under these terms of use.
8.2 RealSpeaker shall have no obligations with respect to the audio/visual material which you submit other than to perform the Services as set out under these terms of use. You are solely responsible for such material.
8.3 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(e) contains or discloses another person’s personal information without his or her written consent; or
(f) collects or solicits another person’s personal information for commercial or unlawful purposes.
8.4 RealSpeaker shall be entitled to remove any material from the Website and/or refuse to transcribe such material which is posted or transmitted to the Website in contravention of these terms of use or for any other reason.
8.5 You shall not:
(a) use the Website, its Content, or the Services in any unlawful manner;
(b) misuse the Website (including, without limitation, by hacking or inserting malicious code);
(c) resell the Website, its Content or the Services;
(d) infringe our or any third party’s intellectual property rights in your use of the Website, its Content, or the Services;
(e) use the Website to transmit chain letters, junk or spam;
(f) collects or solicits another person’s personal information for commercial or unlawful purposes.
(g) frame or use any framing techniques to enclose the Website or any part of it;
(h) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
(i) use the Website in any way which may cause, or be likely to cause, access to or use of the Website or the Services to be interrupted, damaged or impaired in any way.
9. Links to and from other Websites and Apps
9.1 Links to third party Websites and apps on the Website are provided solely for your convenience. RealSpeaker has not reviewed all of these third party Websites and apps and does not control and is not responsible for these Websites/apps or their content or availability. RealSpeaker does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites/apps linked to the Website, you do so entirely at your own risk.
10. Disclaimer
10.1 While RealSpeaker endeavours to ensure that the Content is correct, RealSpeaker does not warrant the accuracy and completeness of the Content. RealSpeaker may make changes to the Content at any time without notice. The Content may be out of date and RealSpeaker makes no commitment to update such material.
10.2 The material on the Website and the Services are provided “as is”, without any conditions, warranties or other terms of any kind, other than those provided in the SLA. Accordingly, to the maximum extent permitted by law, RealSpeaker provides you with the Website and the Services on the basis that RealSpeaker excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the Website and/or the Services.
11. Indemnity
11.1 You shall indemnify RealSpeaker against any loss, damages, costs or expenses which are awarded against or incurred by RealSpeaker as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
(a) any breach by you of any of these terms of use or applicable law;
(b) your misuse of the Website and/or the Services;
(c) any content you post on or transmit via the Website; and/or
(d) your infringement of intellectual property rights.
12. Liability
12.1 Nothing in these terms of use shall exclude or limit either your or RealSpeaker’s liability for:
(a) death or personal injury resulting from the negligence of the other or their servants, agents or employees;
(b) fraud or fraudulent misrepresentation; or
(c) breach of any implied condition as to title or quiet enjoyment.
12.2 Subject to clause 12.1, nothing in these terms of use shall exclude or limit your liability under clause 11 (Indemnity).
12.3 Subject to clauses 12.1 and 12.2, neither you nor RealSpeaker shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with these terms of use for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential losses,
in any case, whether or not such losses were within the contemplation of you and RealSpeaker at the date of these terms of use, suffered or incurred by you or RealSpeaker arising out of or in connection with the provisions of, or any matter under, these terms of use.
12.4 Subject to clauses 12.1, 12.2 and 12.3, each party’s total liability to the other in relation to all events or series of connected events occurring under these terms of use (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the greater of:
(a) the total amount of the sums you have paid through the Website in the 12 month period immediately preceding the date of the first event allegedly giving rise to the liability; or
(b) 10,000 EURO.
12.5 Nothing in these terms of use excludes any statutory rights which may apply to your use of the Website which cannot be excluded, restricted or modified by contract.
13. Termination
13.1 We may terminate these terms of use immediately by written notice to you:
(a) if you commit a material or persistent breach of these terms of use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and/or
(b) if you breach any of clauses 4, 8.3 or 8.5.
13.2 You may discontinue your use of the Website and/or the Services at any time. These terms of use will continue to apply to past use of the Website by you.
13.3 On termination for any reason:
(a) all rights granted to you under these terms of use shall cease;
(b) content transmitted by you via the Website may or may not (at our discretion) remain on our servers (or servers controlled by us); and
(c) you must immediately cease all activities authorised by these terms of use.
13.4 On your discontinuance of use of the Website and the Services and your account remaining dormant for longer than 24 hours we may delete the contents of your account and your My Medias will be lost forever. We will try to notify you before we do this, but we are not obliged to do so. We recommend that you regularly save and/or export your My Medias.
14. Miscellaneous
14.1 To contact us in writing send your communication to us by e-mail to RealSpeaker at: viktor@realspeaker.me 
14.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:
(a) our obligations under these terms of use shall be suspended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under these terms of use may be performed despite the Event Outside Our Control.
14.3 We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.
14.4 You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.
14.5 A person who is not a party to these terms of use has no right to enforce any term of these terms of use.
14.6 If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that 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.
14.7 Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.8 These terms of use shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Irish courts. In addition, you may have the option to use the Online Dispute Resolution (ODR) platform which is accessible here – http://ec.europa.eu/consumers/odr/index_en.htm 
14.9 Attention: During the beta phase of product development available features are subject to change without notice and not all features highlighted above may be available during beta. Thank you for your patience. Please check back regularly.

Issue Date: February 2018

RealSpeaker Limited
H91 HY51, The Portershed, Eyre Square, Galway, Ireland
Company Number: 587566 VAT: 3430243GH
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Our Privacy Policy
We understand that you’re trusting RealSpeaker with your files.
Here you can learn about our commitment to your privacy.
We are RealSpeaker Limited, a company registered by the following address: H91 HY51, The Portershed, Eyre Square, Galway, Ireland, Company Number: 587566, VAT: 3430243GH (“RealSpeaker”, “us”, “we”, “our”). RealSpeaker provides the websites at www.realspeaker.org , www.realspeaker.me , www.realspeaker.net , www.realspeaker.co or subdomains of these sites (the “Website”) which makes available software for transcribing, searching, verifying, editing and exporting the content of audio and video files (the “Services”).
RealSpeaker is committed to safeguarding and preserving the privacy of our visitors. We value the confidence of our customers, employees and business partners. The following Privacy Statement (“Statement”) together with the Terms and Conditions (“Terms”) govern your use of our Website and explain what happens to any personal data that you provide to us, or that we collect from you whilst you visit our Website. It also explains how we use cookies on our Website.
This Statement explains:
•	What information we may collect about you
•	How we may use the information we collect about you
•	Whether we share your information with anyone else
•	How we keep your information secure
•	The types of cookies we use and how you can reject these cookies
•	Your choices regarding the personal information you provide to us
•	Where we store your information
•	How you can obtain a copy of the information we store about you.
By using the Website and the Services, you consent to us processing and storing your personal data in accordance with this Statement.
Information That We May Collect
In running and maintaining our Website and providing the Services we may collect and process the following data about you:
•	information about your use of our Website including details of your visits such as pages viewed, the length of your uploads, the time spent browsing and the resources that you access. Such information includes traffic data, your browser type, your IP address, location data and other communication data;
•	information provided voluntarily by you such as your name, a password, job title, employer, the department you work in within the company and your address. For example, when you register for information, or make a purchase;
•	information that you provide when you communicate with us by any means, for example to report a problem; and
•	your email address that you provide on the “Contact Us” section and when you register for an account.
RealSpeaker will only share the above information with third parties in the manner that is described in this Statement. RealSpeaker will not sell any of the above information to third parties.
In addition to your personal data, we may also process personal data of third parties which you send to us for processing as part of the audio and/or video files that you send to us. We process such data in accordance with this Statement and the Terms but we do not have access to the content of those files.
Use of Your Information
We use the information that we collect from you to provide our Services, as part of the Services which we provide to you and to manage our relationship with you. In addition to this, we may use the information for one or more of the following purposes:
•	to provide information to you that you request from us relating to our products or services;
•	to provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information;
•	to inform you of any changes to our Website, Services or goods and products;
•	to improve and develop products, services and support including through research and data analysis activities;
•	to measure performance of marketing initiatives;
•	to provide you with access to protected areas of our Website
•	to assess and improve the performance and operation of our Website; and
•	to process and respond to any complaint made by you.
In operating our Services it may become necessary for data that we collect from you, data you upload to the Website or provide to us via the RealSpeaker API to be transferred to locations outside of the European Economic Area for processing and storing. By providing your data to us, you agree to this transfer, storing and processing.
We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely. Suppliers and service providers are required by contract to keep confidential and secure the information received on behalf of RealSpeaker and may not use it for any purpose other than to carry out the services they are performing for RealSpeaker.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Your content will remain on the servers used by us during your time as an active user of our Services and for at least six months after your last activity unless you delete such content or request that we delete it.
Credit card information used to make purchases on our Website is collected, processed and stored by our partner Stripe Payments Europe, Ltd. and no member of RealSpeaker has access to this information. Also for the providing credit card information and for other payments way on our Website is collected, processed and stored by our partner «Unitpay s.r.o.» and no member of RealSpeaker has access to this information. Please contact Stripe (support@stripe.com) or Unitpay (payment@unitpay.ru) with any questions. You should review their privacy policy before sending them any personal data, a copy of which can be found here: https://stripe.com/gb/terms and here: https://unitpay.ru/offer .
Sharing Your Information
We will not disclose your personal information to any other party other than in accordance with this Statement and in the circumstances detailed below:
•	in the event that we sell any or all of our business to the buyer; and
•	where we are legally required by court order to disclose your personal information.
We use third parties as part of our processing. Any personal data contained within audio/video files sent to us by you will, therefore, be sent to such third parties and returned to us.
Keeping Your Information Secure
RealSpeaker takes seriously the trust you place in us. To prevent unauthorised access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, RealSpeaker utilises reasonable and appropriate physical, technical, and administrative procedures to safeguard the information you send us. RealSpeaker retains data only as required or permitted by local law and while it has a legitimate business purpose.
Where we have given you (or where you have chosen) a password that enables you to access the Services, you are responsible for keeping this password confidential. Please do not share a password with anyone.
Cookies, Pixels, Local Storage And Other Similar Technologies
Cookies are small pieces of data that are stored on your computer, mobile phone or other device. Pixels are small blocks of code on web pages that do things like allow another server to measure viewing of a Web page and often are used in connection with cookies. HTML5 Local Storage is a small database located inside your browser which web pages can use to store data to speed up their processing. We may use all three technologies from time to time, to help improve your user experience.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience of our Website. Cookies make the interaction between you and our Website faster and easier. We use cookies to distinguish you from other users of the Website and our Services. This helps us to provide you with a good experience when you use the Website and also allows us to improve the Website and Services. Cookies and things like local storage also help us authenticate you to deliver personalised content.
Please refer to your device’s help material to learn what controls you can use to remove or block cookies, or other similar technologies; or block or remove other data stored on your Device. Please remember that if you do this, it may affect your ability to use the Website and/or the Services. As you use your device, you will encounter third parties that make use of cookies and similar technologies. We are not responsible for those third parties or what they may place on your device or in your browser.
Subscription Communications
Subscription communications include email newsletters, software updates, etc. that may be expressly requested by you or which you consented to receive. After you request such communications, you may opt out of receiving them by using one of the following methods:
•	select the email «opt out» or «unsubscribe» link, or follow the opt-out instructions included in each email subscription communication
•	return to the Web page(s) where you originally registered your preferences and follow the opt-out instructions
•	contact us. Be sure to provide your name, relevant contact information, and specific relevant information about the RealSpeaker subscriptions that you no longer wish to receive.
Third Party Links
On occasion we include links to third party applications, websites, products or services on our Website for your convenience and information. Where we provide a link it does not mean that we endorse, make representations or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Changes to Our Statement
Any changes we may make to this Statement in the future will be posted on this page. Where it makes sense because the changes are material, we will notify you of the changes by e-mail or in another appropriate manner such as when you next visit the Website.
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of 10EUR to cover costs incurred by us in providing you with the information.
Contact us (viktor@realspeaker.me) about any matter relating to this Statement, we’ll be happy to help!