Last Updated 8 July 2020
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ( you ), and writtan.com , doing business as Writtan , located at 264A Julius Jeppe, Pretoria, South Africa, Gauteng 0102 South Africa ( we , us ), concerning your access to and use of the Writtan ( https://writtan.com ) website as well as any related applications (the Site ).
The Site provides the following services: Writtan allows users to transform their speech to text in real-time by using our app. This makes note taking or meeting minutes as simple as just speaking into your mobile device with an internet connection . Users can delete edit or share their transcriptions using our app ( Service ) . You may choose whether to use the free trial version or our paid (prepaid or subscription) version. You agree that by accessing the Site and/or Services, you have read , understood , and agree to be bound by all these Terms and Conditions.
If you do not agree with all these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately . We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site and App from time to time to reflect changes to our products, our users' needs, and/or our business priorities.
1.5 Our site is directed to everyone . The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 13 years old. If you are under the age of 1 3 , you are not permitted to register for the Site or use the Services.
1.7 Additional policies which also apply to your use of the Site include:
・ Our Privacy Notice https://writtan.com/privacy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
・ Our Cookie Policy https://writtan.com/cookies , which sets out information about the cookies on the Site.
・ Certain parts of this Site and App can be used only on payment of a fee.
1.8 Writtan reserves the right to determine pricing for the Service. Writtan will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Writtan may change the fees for any feature of the Service, including additional fees or charges, if Writtan gives you advance notice of changes before they apply. Writtan, at its sole discretion, may make promotional offers with different features and different pricing to any of Writtan’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
・ Advertise products or services not intended by us
・ Misrepresent experience, skills, or information about a User
・ Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us
・ Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
・ Use a buying agent or purchasing agent to make purchases on the Site
・ Use the Site to advertise or sell goods and services
・ Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
・ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
・ Engage in unauthorized framing of or linking to the Site
・ Make improper use of our support services, or submit false reports of abuse or misconduct
・ Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
・ Use any information obtained from the Site in order to harass, abuse, or harm another person
・ Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
・ Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
・ Attempt to access any portions of the Site that you are restricted from accessing
・ Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
・ Delete the copyright or other proprietary rights notice from any of the content
・ Copy or adapt the Site’s software, including but not limited to CSS , HTML, JavaScript, or other code
・ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
・ Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
・ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
・ Use the Site in a manner inconsistent with any applicable laws or regulations
・ Falsely imply a relationship with us or another company with whom you do not have a relationship
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such username is inappropriate.
4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site ( Our Content ) are owned or licensed to us, and are protected by copyright and trade mark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
4. 6 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
5.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; ( 2 ) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; ( 3 ) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and ( 4 ) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
5.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
5.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
6. Modifications to and availability of the Site
6.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
6.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
・ We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
・ If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of 1000 zar or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
If you are a consumer user:
・ Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
・ If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
8.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support @ writtan.com .
8.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. Mobile Application
9.1 If you access the Services via our mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
9.2 For consumers only - If you are a customer in the European Union, you have certain rights to decompile the Software if:
・ this is necessary to obtain the information that you need to make the software interoperable with other software and ・ we have not made that information available to you.
Before reverse engineering or decompiling the software, you must first write to us and ask us to provide you with the interoperability information that you need. Please provide us with full details of your requirements so that we can assess what information you need. We may impose reasonable conditions on providing you with interoperability information. You must use that information only for the purpose of making the software interoperable with other software. You must not use that information for any other purpose.
9.3 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application ;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that ( i ) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
10.1 Certain features of the Service may permit users to upload content to the Service (including by syncing your account with Third Party Accounts as further described in Section 9.1), including voice recordings, audio recordings, data, text and other types of works (“ User Content ”), and to otherwise publish User Content on the Service. As between you and Writtan, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
10.2 Voice Recordings . The Service may provide a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required under applicable law.
10.3 Limited License Grant to Writtan . Customer retains all ownership rights to the User Content processed using the service. You grant Writtan a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce , modify, export, process, transform, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed in a manner that is under your control. Customer may delete User Content from their account where it may be stored in a separate Trash folder provided with the service for a specified period unless they choose to delete it from the Trash folder. Once it has been permanently deleted from the user account either by direct action by the user or on expiration of the specified retention period in the Trash folder no record of the User Content is retained and the User Content cannot be recreated by the service
10.4 License Grant to Users . By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access, use, modify, and distribute that User Content as permitted by these Terms and the functionality of the Service.
10.5 Access to User Content and Results . Writtan may permit you to share certain User Content or the results of processing User Content with other users of the Service, share User Content or the results of processing User Content outside of the Service, or even make certain User Content or the results of processing User Content public for all (even non-Service users) to view. You acknowledge and agree that, although Writtan may provide certain features intended to allow you to restrict access of some User Content you create from others, Writtan does not guarantee that such User Content or any results of processing User Content will never be accessible by others. To the fullest extent permitted by law, Writtan is not responsible for the use of any User Content or results of processing User Content by users or non-users of the Service or any third parties.
10.6 User Content Representations and Warranties . Writtan disclaims all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions.
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: ( i ) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Writtan to violate any law or regulation; and
10.7 User Content Disclaimer . We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Writtan with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Writtan does not permit copyright-infringing activities on the Service.
10.8 Monitoring Content . Writtan does not control and does not have any obligation to monitor: (a) User Content; ( b ) the use of the Service by its users. Writtan is not responsible for the use of any User Content by users or any third parties. You acknowledge and agree that Writtan reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Writtan chooses to monitor the content, Writtan still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.
10.9 Machine Learning . Writtan shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (“ Usage Data ”). The Service may be implemented using machine learning systems with features and implementations designed to generate statistics, calibrate data models, and improve algorithms while processing User Content and Usage Data (“ Machine Learning ”). Nothing in these Terms prohibits Company from using such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Service. Nothing in these Terms gives you any rights in or to any part of the Service or the Machine Learning generated by Company or the Machine Learning generated in the course of providing the Service.
11. General
11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
11.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
11.9 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@writtan.com or by post to:
Chatable Technologies (Pty) Ltd
264A Julius Jeppe
Pretoria, Gauteng
0102
South Africa