Last updated: 2024-04-01
These Terms and Conditions ("Terms") describe the rights and obligations of Verbatify, its parent, subsidiaries, and affiliates (collectively, "Verbatify," "we," "us," or "our") and you, the user of our website, products, or services. By using our website, products, or services, you agree to these Terms. If you do not agree to these Terms, you may not use our website, products, or services.
By accessing or using our Software, you confirm your agreement to be bound by these Terms. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
We reserve the right, at our discretion, to modify or replace these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for changes. Your continued use of our Software after any modification to the Terms constitutes your acceptance of these new Terms. If you do not agree to the updated Terms, you are no longer authorized to use the Software.
To use Verbatify, you must create an account. When registering, you must provide accurate and complete information. It is essential that you maintain the confidentiality of your account information, including your password. Each account is personal and cannot be shared with other individuals.
You are responsible for all activities that occur under your account. This includes ensuring that any updates to your account information are made promptly. Should you suspect that your account's security has been compromised, please notify our support team immediately. You may modify your account settings at any time through the account management portal.
By creating an account with Verbatify, you agree to:
You must be at least 18 years old to create an account on Verbatify and use the services. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract with Verbatify. If you are not of legal age, you must obtain parental or guardian permission to use this service. Furthermore, you must have the legal capacity and authority to enter into these Terms.
You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Verbatify is committed to complying with the Health Insurance Portability and Accountability Act (HIPAA) and its related regulations. As a provider of services to the healthcare industry, we adhere to the stringent standards required for the protection and confidential handling of PHI. We enter into Business Associate Agreements (BAAs) with all eligible clients, ensuring that both Verbatify and our users are aligned with HIPAA's requirements.
We employ robust security measures to protect PHI against unauthorized access, alteration, disclosure, or destruction. These include, but are not limited to:
While Verbatify takes extensive measures to secure PHI, users also have an essential role in protecting this sensitive information. You must:
By adhering to these guidelines, together we can ensure the security and integrity of sensitive health information. Verbatify remains vigilant in our commitment to upholding the highest standards of privacy and security, and we expect our users to do the same.
Verbatify operates on a pay-per-use model, where you are charged based on the volume of transcription services used. This flexible approach allows you to pay only for the services you actually consume.
Upon registration, each user is provided with a small initial credit limit to begin using the services immediately. To continue using our services beyond this credit, you must prepay and maintain a positive balance in your account. Charges for usage are deducted from this prepaid balance.
It is your responsibility to monitor and replenish your account balance to maintain uninterrupted service access. You will receive notifications when your balance approaches the credit limit. If your account balance falls below the required minimum, the service will be automatically suspended until additional funds are added.
Funds can be added to your account at any time through the user dashboard. We accept a variety of payment methods, including credit cards, debit cards, and electronic transfers. All payments are securely processed and reflected in your account immediately.
If your amount due goes below the allotted credit limit, the service will cease to function until your balance is restored to a sufficient level. This measure is necessary to prevent overages and ensure a fair usage policy for all our users.
Detailed statements of your usage and account balance are available in your user dashboard, allowing you to track your spending and service usage effectively. For any billing questions or disputes, please contact our customer support team immediately. We are committed to providing transparency and prompt assistance to resolve any issues.
As a user of Verbatify, you are granted access to our platform for the specific purpose of uploading audio files for transcription, particularly for legal needs. You are expected to use the service responsibly and in accordance with all applicable laws and regulations.
When uploading audio files, it is crucial to adhere to the following guidelines:
You must refrain from the following actions, which are considered misuse of Verbatify:
Failure to comply with these usage terms may result in temporary or permanent suspension of your access to the service. Verbatify reserves the right to investigate and take appropriate legal action against anyone who, in Verbatify’s sole discretion, violates these terms, including without limitation, removing the offending content from the service and reporting such violators to the law enforcement authorities.
Verbatify aims to ensure that our software and services are available to users without interruption, except during scheduled maintenance or unforeseeable circumstances beyond our control. We strive to maintain the highest possible uptime for our users.
To keep our service running smoothly and efficiently, scheduled maintenance is necessary. We endeavor to perform these maintenance activities during off-peak hours to minimize any potential disruption to our users. Whenever possible, we will provide users with advance notice of maintenance periods. Notices about scheduled maintenance will be communicated through our website, email notifications, and/or within the service platform itself.
In the event of unplanned downtime due to system failures, cyber-attacks, or other disruptions, we will promptly address these issues to restore service as quickly as possible. We will keep users informed of the status through updates on our website and direct communications if needed.
Notifications about both scheduled and unscheduled downtime will be issued through multiple channels, including but not limited to user dashboard notifications, email alerts, and updates on our service status page. We encourage users to check these resources regularly to stay informed about the status of the service.
Users are responsible for ensuring that they provide a current, active email address and keep their contact information up to date to receive notifications. Additionally, users should ensure that they have contingency plans in place to handle any critical functions that may be impacted by brief service disruptions or outages.
While Verbatify does not guarantee uninterrupted service, we commit to maintaining an availability level of 99.5% uptime, outside of scheduled maintenance windows. We will make every effort to quickly resolve any service interruptions that occur to minimize inconvenience to our users.
As a user of Verbatify, you are required to use our services in full compliance with all applicable laws and regulations, including but not limited to those specifically governing healthcare and the protection of personal health information (PHI). It is your responsibility to ensure that your use of Verbatify’s services adheres to these legal standards.
Healthcare providers, professionals, and any users involved in the management, treatment, and storage of patient data must comply with health-related legal requirements such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States, as well as similar international regulations. This includes ensuring that all PHI handled through our service is managed in a manner that respects patient privacy and the confidentiality of their medical information.
You must also observe data protection and privacy laws applicable in your jurisdiction. This includes laws and regulations related to data security, data retention, and the use of data for commercial purposes. You are responsible for implementing sufficient measures to protect the privacy and security of the data you handle using Verbatify’s services.
Verbatify operates globally, which means you may be subject to international laws and regulations that govern export controls and international trade. If you are accessing and using Verbatify outside of your home country, you are responsible for compliance with the laws of the jurisdiction from which you access or use the service, including but not limited to export and import regulations of other countries.
If you become aware of any unauthorized or unlawful use of your account or any breach of security including the unauthorized use of your username and password, you must immediately notify Verbatify. Additionally, should you become aware of any other breach of this section on Compliance with Laws, you are required to report the violation to us without delay.
Non-compliance with these legal obligations can result in civil and criminal penalties, including termination of service. Verbatify reserves the right to suspend or terminate your access to our services if you fail to comply with any provisions of this section or any applicable laws or regulations.
Customers may terminate their use of the Service at any time without cause by discontinuing use of the Service and, if applicable, by deactivating their accounts through the Service interface. Customers are responsible for any charges incurred up to the time the account is terminated, including fees for the usage up to the end of the billing cycle in which termination occurs. No refunds will be provided for any unused portion of any charges.
Verbatify reserves the right to suspend or terminate a Customer's access to the Service immediately and without notice:
Provisions of this Agreement that, by their nature, should survive termination of the Agreement will continue in full effect after termination. This includes, but is not limited to, all provisions regarding ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Customer acknowledges and agrees that the Services and the Software are provided "as is" without any warranties. Verbatify hereby disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Verbatify does not guarantee that the Services will be uninterrupted or error-free, nor does it warrant that the Services or Software will be compatible with any specific device. Furthermore, Verbatify does not warrant the accuracy of results that may be obtained from using the Services or the Software, or any data provided through them. Verbatify explicitly disclaims all responsibility for any third-party hardware, software, products, or services that are used with or integrated into the Services or the Software.
The Customer agrees to indemnify, defend at Verbatify’s request, and hold harmless Verbatify, along with its directors, officers, employees, agents, and other representatives (collectively, the "Indemnified Parties"), from any losses, damages, liabilities, settlements, costs, or expenses (including reasonable attorneys' fees and expenses) associated with any claims, demands, suits, or proceedings made or brought against Verbatify by a third party that arise from or relate to: (a) any breach of the Customer’s representations or warranties under this Agreement; (b) any bodily injury, death, or property damage resulting from the use of the Service; (c) any breach by the Customer of its obligations under this Agreement, including but not limited to, breaches of Verbatify’s confidential information; or (d) the intentional or reckless acts or omissions of the Customer’s personnel or any person or entity acting on behalf of or under the control of the Customer.
To the maximum extent permitted by law, Verbatify will not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, revenue, data, or goodwill) that arise out of or are related to this Agreement, even if Verbatify has been advised of the possibility of such damages. Furthermore, the total aggregate liability of Verbatify under this Agreement shall not exceed the total fees paid by the Customer hereunder.
This Agreement and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
All disputes, claims, or controversies arising out of or relating to the Terms or the service that cannot be resolved through informal negotiation will be submitted to binding arbitration in accordance with the rules of a mutually agreed-upon arbitration organization.
The arbitration will take place in Indore, India, and be governed by Indian law.
The arbitration shall be conducted by a single arbitrator, chosen in accordance with the rules of the arbitration organization.
The arbitration process, including any filings, evidence and awards, shall be held in confidence by all parties.
Any award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services not subject to arbitration shall be instituted exclusively in the federal courts of India located in Indore, Madhya Pradesh. Each party consents to this venue and waives any objection as to inconvenient forum.
If you have any questions about these Terms, need to contact us for any reason related to our services, or wish to report a violation of these Terms, please reach out to us using the following details:
We aim to respond to all inquiries within 48 hours.
This section covers additional general terms that are important for the understanding and enforcement of this Agreement:
By using the Services, you agree to be bound by these Terms, which is acknowledged by your continued use of the Services.