Terms and Conditions

Acceptance of Terms

By accessing and using Audiogest ("we", "our", "us" or "Service"), a trade name of Thomas Mol Software Development, you agree to be bound by these terms and conditions ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms do not exclude rights or obligations that cannot be excluded by law.

Use of Service

The Service processes recordings, text and documents to create transcripts, summaries and other documents. You must be at least 18 years old to use the Service and provide a valid email address to create an account. You agree not to use the Service for any unlawful purposes or in violation of these Terms.

The Service is available only for business or professional use, including professional academic research and use on behalf of educational institutions. If you act for an organization, you confirm that you have authority to agree to these Terms on its behalf.

Data Retention

Stored audio files are automatically deleted 90 days after upload. Keep your own copy of audio you need for longer. Other retention periods are described in the Privacy Policy.

Billing and cancellation

The price, currency, billing period and included allowance are shown when you purchase a plan or credits. Prices exclude VAT unless stated otherwise. Applicable taxes and the total payable are shown before payment. Subscription fees and separately purchased credits are payable in advance.

Subscriptions renew automatically for the selected billing period until canceled. You authorize us and our payment provider to charge your payment method for renewals and any extra usage you enable. You can manage or cancel your subscription through the billing page in your account, or contact [email protected] for help.

Cancellation stops the next renewal and takes effect at the end of the current paid period. Subscription access and any remaining included credits remain available until that period ends. Canceling a subscription does not delete your account or content.

Credits and trials

Subscription credits expire at the end of the billing period in which they are provided and do not roll over. Separately purchased credits have no expiry. Custom plans may have different allowances, expiry dates or billing rules where agreed with you in writing.

Trial allowances, expiry dates and conditions are those shown in your account or trial offer. They may vary by location or offer. Trial credits expire on the date shown and do not become paid credits.

Extra usage

If you have an active subscription and enable extra usage, processing beyond your available credits is charged at the rate shown in your account or purchase offer and billed with your subscription invoice. You can manage the extra usage budget or disable future extra usage in your account. Charges already incurred remain payable.

Refunds

Cancellation, unused subscription time, unused credits, or termination of the Service do not automatically entitle you to a refund. We may grant refunds at our discretion after reviewing individual requests. This does not limit any refund or other remedy required by applicable law.

User Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Intellectual Property

Audiogest or its licensors own the Service and its materials, excluding User Content. These are protected by intellectual property laws.

User-Generated Content

You retain ownership of recordings, text, documents and other content you upload or generate through the Service ("User Content").

You grant Audiogest a limited, non-exclusive, worldwide, royalty-free license to process, store, and display your User Content only as needed to provide the Service to you. The license ends when you delete your User Content or your account, except as required by law or while backup copies await expiry as described in the Privacy Policy.

We use User Content only to provide the Service. We do not use it to train or fine-tune AI models.

You are responsible for ensuring that your User Content does not infringe upon the rights of any third party, violate any applicable laws, or breach these Terms.

Data Privacy

Your use of the Service is subject to our Privacy Policy, which outlines how we collect, use, and protect personal data. The Data Processing Agreement (DPA) below forms part of these Terms where we process personal data in your content on your behalf.

Prohibited Conduct

• Attempting to interfere with or compromise the system integrity or security of the Service.

• Transmitting viruses, worms, or other malicious software.

Service Availability

We strive to maintain the availability of the Service but do not guarantee uninterrupted access. We may perform maintenance or updates that could temporarily affect availability. We are not liable for any interruptions or downtime.

Modification of Service

We may modify the Service, in whole or in part. If we discontinue the Service or end your access, the notice and suspension rules under Termination apply. We are not liable for modifications, suspensions, or discontinuation of the Service except where applicable law provides otherwise.

Third-Party Services

We use service providers to operate the Service. They are listed in the DPA below. Separate services you choose to connect are subject to their own terms and privacy policies. We are not responsible for those separate services. This does not exclude our obligations for providers processing personal data on our behalf.

Limitation of Liability

The Service is provided "as is" without warranties of any kind. Audiogest does not guarantee the accuracy, completeness, or reliability of the transcripts, summaries and other documents provided. To the fullest extent permitted by law, Audiogest shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service.

Indemnification

You agree to indemnify and hold harmless Audiogest from any claims, damages, or expenses arising out of your use of the Service, your violation of these Terms, or your infringement of any rights of another.

Termination

You can cancel your subscription as described under Billing and cancellation. You can request account deletion through your account settings, subject to settling any active subscription.

If we end your access or discontinue the Service for ordinary business reasons, we will give you at least 14 days' notice by email or through the Service. During that notice period, you can export your available content. The normal content retention periods continue to apply.

We may suspend access immediately for nonpayment, a breach of these Terms, unlawful use, abuse, or a security risk affecting the Service or others. We will notify you of the reason when practical and legally permitted. If suspension prevents you from exporting content, contact [email protected] so we can assess the request, subject to security and legal restrictions.

Amounts already due remain payable when access ends. Refunds are handled as described under Billing and cancellation. Return and deletion of Customer Data remain governed by the DPA below.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands. You agree to submit to the exclusive jurisdiction of the courts located within the Netherlands to resolve any legal matter arising from these Terms.

Changes to Terms and Conditions

We may modify these Terms from time to time. Changes will be posted on this page. We will notify you by email or through the Service of material changes and state when they take effect. Your continued use after that date constitutes acceptance to the extent permitted by law. You may stop using the Service if you do not agree to the revised Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between you and Audiogest regarding the use of the Service, superseding any prior agreements.

Contact Us

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

Data Processing Agreement (DPA)

Scope and roles

This agreement applies when Thomas Mol Software Development processes personal data in your User Content ("Customer Data") on your behalf. Your identity and contact details are those in your account or separate agreement. You act as controller, or as a processor authorized by a controller. We act as your processor or subprocessor. This agreement takes precedence over other provisions of the Terms concerning that processing.

Processing includes collecting and storing content, creating transcripts and documents, and sharing, exporting and deleting content to provide the functions you use. It lasts while we provide those functions and until Customer Data is returned or deleted under this agreement.

Customer Data includes names, contact details, voices and other personal data in content you submit or generate. It concerns users, employees, clients, students, recording participants and other people in your content. You determine the content and must have a lawful basis for its processing, including any additional conditions required for sensitive personal data. If you act as a processor, you must have the controller's authorization to engage us.

Instructions and confidentiality

We process Customer Data only on your documented instructions, including these Terms, your settings and your actions in the Service. This includes instructions concerning international transfers. If EU or Member State law requires other processing, we inform you before processing unless that law prohibits notice. We immediately inform you if, in our opinion, an instruction infringes applicable data protection law.

People authorized to process Customer Data are bound by confidentiality obligations. We do not use Customer Data to train or fine-tune AI models or authorize our providers to do so.

Security and assistance

We implement technical and organizational measures appropriate to the processing and its risks, as required by GDPR Article 32. These include protected connections, account and workspace access controls, restricted access to production systems and database backups.

Taking account of the nature of processing and the information available to us, we assist you with requests to exercise data protection rights, security obligations, breach notifications, data protection impact assessments and prior consultation with supervisory authorities, as required by GDPR Articles 28 and 32 to 36. Requests concerning your Customer Data that reach us directly are referred to you unless the law requires otherwise.

We notify you without undue delay after becoming aware of a personal data breach affecting Customer Data. We provide the information available about the breach, its likely effects and measures taken or proposed, and provide further information as it becomes available.

Subprocessors

You give general written authorization for us to use the following subprocessors where they process Customer Data on your behalf:

Service locations describe where the services are hosted or process data, rather than company headquarters. Provider support and administration may involve other countries as described in their privacy and data processing information.

We notify you before adding or replacing a subprocessor and give you a reasonable opportunity to object on data protection grounds. We impose the data protection obligations required by GDPR Article 28 on subprocessors and remain responsible for their performance of those obligations.

Other service providers

For account sign-in, administration, billing, communications, customer relationships and our own business operations, we also use the providers below. This processing is described in the Privacy Policy and is separate from processing Customer Data on your behalf under this agreement.

International transfers

Our main hosting and recording storage are in the EEA. Some providers process Customer Data outside the EEA, including in the United States. Where required, transfers are covered by an applicable adequacy decision or appropriate safeguards, such as the European Commission's Standard Contractual Clauses and any necessary additional measures. You may request information about processing locations and the applicable safeguards.

Return and deletion

You can export and delete content through the Service. Audio is subject to the retention period stated above. At the end of the services, we return or delete Customer Data at your choice and delete existing copies unless EU or Member State law requires storage. Backup copies remain protected and are not used for other purposes while awaiting expiry under the applicable backup schedule. Deletion instructions also apply to restored backups.

Information and audits

We provide information needed to demonstrate compliance with this agreement and allow and contribute to audits, including inspections, by you or an auditor you appoint, as required by GDPR Article 28. Audits must protect other customers' information and the security and confidentiality of the Service. Contact [email protected] for requests under this agreement.