Live Captioning Terms of Service
Thanks for deciding to use our products and services, which we refer to as the “Services”.
We’ve created these Terms of Service so you’ll know the rules that govern our relationship with you. Since they form a legally binding contract between us, please read them carefully. By using the Services, you agree to these Terms of Service. Of course, if you don’t agree with them, you should not use the Services. By requesting a booking on this website, you will be deemed to have accepted these Terms and to be bound by them.
Some Background Info
The Ai-Media Live Captioning System (the Ai-Live System) is a software solution that captures live audio and transmits, in real time, captions of the audio content to a desired terminal. The Ai-Live System is subject to change without notice to you.
Your use of the Ai-Live System is subject to the term (the Terms) of a legal agreement between you and Ai-Media Inc (Ai-Media) of 160 Swiss Ave, San Francisco CA 94131 USA. Ai-Media remain the owners of the Ai-Live System at all times. The Ai-Live system is also licensed for use through our authorised resellers, Ai-Media Canada Inc (Corporation Number 1015825-9) of 545 King Street West, Toronto ON M5V 1M1 Canada, Ai-Media UK B Limited (Company number 07292409) of 6 Hays Lane London SE1 2HB United Kingdom, and Access Innovation Media Pty Limited (ABN 49 105 924 490) of Level 1, 103 Miller Street, North Sydney, NSW 2060, Australia.
You must create an account in order to use the Services. You are responsible for any activity that occurs in your account, so it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
Our Service is available through Facebook’s “Facebook Connect” service, which requires an active Facebook account. If you access the Service through Facebook Connect, we may require that your user ID be the same as your username for Facebook. If you sign in through Facebook Connect, you will provide your Facebook account credentials to us, and you are consenting to have this information transmitted into your Ai-Media account. You must only use Facebook accounts owned by you, and not by any other person or entity.
Rights We Grant You
We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services.
Rights You Grant Us
You are solely responsible for all content that you upload to us, including audio and visual data. When you do that, you retain the ownership rights in that content that you had to begin with. However, you also grant us a license to use that content, so that we can provide the Services for you.
By uploading content you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, broadcast, syndicate, publicly display, store, modify and otherwise use your User Content in connection with the operation of the Ai-Live System in any form, medium or technology now known or later developed.
Ai-Media is not responsible for word perfect text delivery, and paraphrasing of, and errors of transcription from audio content will occur in the delivery of the service. Your Ai-Live session may be recorded for quality assurance and training purposes.
Ai-Media does not promise that the Ai-Live System or any content, service or feature of the Ai-Live System will be error free or uninterrupted, or that any defects will be corrected, or that your use of the Ai-Live System will provide specific results. The Ai-Live system and its content are provided “as is” on an “as available” basis without representations or warranties of any kind, either express or implied, to the fullest extent permitted by law.
Ai-Media will not be liable in any way for any loss of any kind including damages, costs, interest, claims or expenses arising from your use of the Ai-Live System.
You acknowledge and agree that: you will use the Ai-Live System on a non-exclusive basis in respect of the operation and functionality of the system, and only for so long as Ai-Media is willing to provide the system. You will not engage in any activity that interferes with or disrupts the Ai-Live System (or the servers and/or networks on which the system is run). You will not reproduce, duplicate, copy, sell or trade the Ai-Live System or any part of it for any purpose. The Ai-Live System and any information in connection with or related to the system, is confidential to Ai-Media. You shall not disclose such information to any person without the prior written consent of Ai-Media.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Ai-Media owns all legal title and interest in and to the Ai-Live System, including any intellectual property rights which subsists in, or are related in any way to, the Ai-Live System (whether those rights happen to be registered or not).
To make a booking request, you will be required to provide us with credit card information. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You agree to pay the amount specified in the Service. You may apply for an enterprise account whereby we will bill you through a monthly invoice. Full payment for invoices must be received by us no more than thirty (30) days after the mailing date of the invoice, or the Services may be suspended. Unpaid invoices are subject to a finance charge of 2% per month, or part thereof in increments of 2%, on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If you dispute any charges, you must notify us within 14 days after the invoice date. We reserve the right to change our prices and we’ll provide notice on the Site. Your continued use of the Service after any price changes constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services.
Once you make a booking request, your live session will not be confirmed until a captioner has been assigned to that session. On rare occasions, an unexpected event, emergencies or illnesses may mean your scheduled captioner is unavailable to caption your live event. We will make every effort to find a suitable replacement however we do not guarantee or make any warranties about our ability to deliver confirmed sessions. You will not be charged for any sessions that are not delivered. Where you have pre-paid, you will have a credit applied to your account. If you wish for the amount to be refunded, you can select this option within your account settings.
In order to improve the accuracy of live captions, we encourage clients to provide preparation materials in advance of their live session to assist their captioners prepare for unusual terms or content that may arise during the broadcast. You should not disclose information that is private or confidential in nature.
Data and Mobile Phone Charges
You are responsible for any mobile charges that you may incur for using our Services, including data charges.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Ai-Media, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of irritations. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; OR (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
WE TAKE NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI-MEDIA AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES. IN NO EVENT WILL AI-MEDIA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us directly.
Governing Law and Jurisdiction
The Terms, and your relationship with Ai-Media, are governed by the laws of New South Wales, Australia. You and Ai-Media submit to the jurisdiction of courts exercising jurisdiction there.
Free support is available through our website or by email: onlinesupport at ai-media.tv
Sometimes, we need to craft additional terms for the Services. We’ll always make a copy of the Terms available to you through our website or by other means. These will then become part of your agreement with us if you continue to use the Services.
Cancellation and No-Show Policy
If your booking request has been confirmed by an available captioner and you cancel or reschedule that session at least one hour prior to the start time and less than 24 hours before the scheduled start time, you will be charged one half of the confirmed rate.
For cancellations or reschedules that are made less than 1 hour before the scheduled start time or during the session, you will be charged in full.
If your confirmed captioner cancels without us finding a suitable replacement, or if we are unable to send live captions for your live session for whatever reason, you will only be charged for that part of the session for which we have provided live captions on a per minute rate being the hourly rate divided by 60 rounded up to the next minute.
If you are late for your scheduled live session, you will still be billed from the start of the scheduled time.
Ending a Live Stream Early
If your live stream ends prior to the scheduled end time, you will still be charged for the full scheduled time.
If your live captioner leaves a session early for whatever reason, you will not be charged for the remaining time when you are not receiving live captioning.