General terms and Conditions

Last updated: 05 June 2024

Please read these terms and conditions carefully before using our service. These are the terms and conditions that govern the use of this service and the agreement between you and Ateleris GmbH. These Terms and Conditions set out the rights and obligations of all Users in relation to the use of the Service.

Interpretation and definitions

Interpretation

The words whose initial letters are capitalised shall have the meaning defined in the conditions below.

The following definitions have the same meaning whether they are singular or plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that a party controls, is controlled by or is under common control with, where “control” means ownership of 50% or more of the stock, shares or other securities entitled to vote for directors or other officers.
• Company (referred to in this Agreement as either “the Company”, “we”, “us” or “our”) refers to Ateleris GmbH, Neumarkt 1, 5200 Brugg.
• Country refers to: Switzerland
• Device refers to any device that can access the Service, such as a computer, mobile phone or digital tablet.
• Service refers to the Website.
• Terms and Conditions means these terms and conditions which form the entire agreement between you and the Company regarding the use of the Service.
• Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• Processing means any operation or set of operations which is performed upon personal data or on a set of personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where Union or Member State law determines the purposes and means of processing, Union or Member State law may provide for the controller or the specific criteria for his designation.
• Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
• Recipient means a natural or legal person, public authority, agency or other body to whom the personal data are disclosed, whether or not a third party. However, public bodies which may receive personal data in the context of a specific investigation under Union or Member State law shall not be considered as recipients; the processing of such data by those public bodies shall be carried out in accordance with the applicable data protection rules, in accordance with the purpose of the processing.
• Consumer key is a string of characters issued to you by stenoris with which you can be uniquely identified and authorised.
• Website refers to stenoris, accessible via https://stenoris.com
• It means the person accessing or using the Service or the company or other legal entity on whose behalf such person accesses or uses the Service, as the case may be.

Terms of use

Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Visitors, Users and other persons accessing or using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use the Service.

You represent that you are over 18 years of age. The Company does not permit persons under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures for collecting, using and disclosing your personal information when you use the Application or the Website and informs you of your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

Name and address of the person responsible

The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union and other data protection provisions is:

Ateleris GmbH 

Neumarkt 1, CH-5200 Brugg

5200 Brugg

Switzerland

Phone: +41 56 511 24 42

E-mail: [email protected]

Website: www.ateleris.ch

Use of the services

The website can be reached at the Internet address (URL) www.stenoris.com (or www.stenoris.ch).

In order to use the Services, identification by means of a user name and password is required, for which you must open a user account. When opening the user account, you must accept these terms and conditions.

Ateleris grants you the non-exclusive, non-transferable right, limited in time to the duration of the contract, to use the functions provided by the Website for your own purposes.

The user is not permitted to enable third parties to use the website in any form.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third party websites or services you visit.

Contract and contract termination

The contract between you and Ateleris comes into force when you open the user account and accept these terms and conditions.

Termination by you is possible at any time by deleting the user account.

Upon termination of this Agreement, you forfeit any right to continue to use the Services. It is your responsibility to ensure the timely transfer of your data stored via the Website to your own computer.

Services of Stenoris

Stenoris operates services that allow you to convert various voice recordings into written text. This transcription takes place automatically and the result can then be edited by you as you wish. Finally, a file can be downloaded in various formats for further use.

Ateleris cannot guarantee the availability of the Services or that they will function without interruption or error.

A “fair use” policy applies to the use of the services. The available resources are shared among all users. The services are not designed to perform large amounts of transcriptions, neither for real-time transcriptions.

The website is basically in operation 24/7, but maintenance work may result in limited availability.

Ateleris reserves the right to change or extend the functionality of the services at any time.

Data and privacy

Both parties undertake to comply with the Swiss Data Protection Act.

Ateleris is only permitted to process the user’s data with the user’s consent to ensure the security of the Solution and to improve and develop the underlying technology of the Solution.

You are advised not to process sensitive data. When using our services, be aware that data processed through automatic summarisation or translation may be forwarded to external service providers (e.g. Microsoft) . However, our transcription services ensure that your data is securely processed and not forwarded to any external parties.

Further details on the permitted processing of personal data are regulated in the privacy policy, which can be accessed on the website.

The transmission of personal data by Stenoris to you only takes place on the basis of the express consent of you as a user of the application.

Stenoris must inform the users of the respective application about the purpose, type and scope of the collection, processing and use of personal data when using the application. Stenoris must also store this information permanently and the users of the application must be able to access it at any time.

In any case, Stenoris is prohibited from processing personal data that is not strictly necessary for the provision of the functions of the respective application used by the user, whether on your IT systems and/or data processing systems or on those operated for you by third parties.

Personal data and information accessed via the Stenoris API may be processed or used outside the respective application. Personal data retrieved via the Stenoris API may not be disclosed to third parties outside the application.

Personal data must not be stored by Stenoris for longer than absolutely necessary. Stenoris is obliged to delete the users personal data as soon as the user revokes the data transfer by Stenoris or objects to the data retrieval.

You are prohibited from creating or storing a database of user profiles and/or Stenoris user graphics.

You may not use the personal data collected via the Stenoris API (in particular e-mail addresses) for your own marketing or advertising purposes, nor may you make this personal data available to third parties for marketing or advertising purposes.

You must not disclose the Consumer Key to third parties and must take appropriate security measures to ensure that third parties do not gain access to the Consumer Key. An agent who operates the application on your behalf is not considered a third party. You are liable for all activities that you carry out with your Consumer Key.

You must respond to requests from data subjects and the supervisory authority regarding the processing of personal data by you.

If any of the provisions of this Agreement are breached, Stenoris may require that you completely delete all data accessed via the Stenoris API and provide Stenoris with sufficient evidence for this purpose.

Transfer of personal data to third countries

If the retrieval of personal data involves the transfer of such data to a country outside the European Union (incl. Switzerland) (so-called third country), the provisions of the standard contractual clauses adopted by the EU Commission for the transfer of personal data from the EU to third countries in the Annex to these Terms and Conditions shall apply to ensure an adequate level of protection.

“AS IS” and “AS AVAILABLE” disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects, without warranty of any kind. To the fullest extent permissible pursuant to applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise in the course of dealing, performance, use or dealing. Without limiting the foregoing, Company makes no warranty or commitment, and makes no representations whatsoever, that the Service will meet your requirements, achieve the intended results, be compatible or interoperate with other software, applications, systems or services, operate without interruption, meet performance or reliability standards or be error-free, or that defects or deficiencies can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any express or implied representation or warranty of any kind: (i) as to the operation or availability of the Service or the information, content and materials or products contained therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content or email sent by or on behalf of the Company will be free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation of applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. However, in such a case, the exclusions and limitations set out in this section will be applied to the fullest extent enforceable under applicable law.

Compensation

The user pays a fee for the use of the solution, which depends on the specific use (length of the recording to be transcribed).

Billing is done via so-called credits, which are stored as credit in the user account. To load the credits, you must load your account, for which payment methods are available on the website. The terms of use of the respective selected financial service provider (e.g. credit card company) are authoritative for the processing of the payment.

The existing credits on the user account can only be used for the use of the solution. Any other use and the refund of credits are excluded. Credits still available in the event of termination of the contract shall expire without replacement.

Applicable law

These Terms and your use of the Service are governed by the laws of the country, excluding its conflict of laws rules. Your use of the Application may also be subject to other local, state, national or international laws.

Settlement of disputes

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

For users from the European Union (EU)

If you are a consumer from the European Union, the mandatory provisions of the law of the country in which you are domiciled apply to you.

Compliance with the laws of the United States

You represent and warrant that (i) you are not located in a country embargoed by the United States government or designated by the United States government as a country that “supports terrorists” and (ii) you are not on a United States government list of prohibited or restricted parties.

Separability and renunciation

Separability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified and interpreted to achieve the objectives of that provision to the maximum extent possible under applicable law, and the remaining provisions will remain in full force and effect.

Renunciation

Unless otherwise stated, the failure to exercise any right or to require performance of any obligation under these Conditions shall not affect the ability of any party to exercise such right or to require such performance at any subsequent time, nor shall the waiver of any breach constitute a waiver of any subsequent breach.

Translation interpretation

These Terms and Conditions may have been translated when we made them available to you on our Service. You agree that in the event of any dispute, the original German text shall prevail.

Changes to these terms and conditions

We reserve the right to change or replace these Terms at any time at our sole discretion. If a change is material, we will use reasonable efforts to notify you at least 30 days before the new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after these changes take effect, you agree to be bound by the revised terms. If you do not agree with all or any part of the new Terms, please discontinue your use of the Website and the Service.

Applicable law and place of jurisdiction

Any disputes arising under the purchase and sale transactions agreed in application of these terms regarding their validity, interpretation, performance, termination, consequences and which cannot be settled between Ateleris GmbH and the Business Customer shall be referred exclusively to the ordinary courts of the Canton of Aargau (Switzerland).

Contact

If you have any questions about these terms and conditions, you can contact us at

• E-mail: [email protected]