GLOSSAI TERMS OF USE
Last updated : March 2022
Welcome to www.glossai.co (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Glossai Ltd. (“Glossai”, “we”, “our” or “us”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or
delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
- Background.The Site is intended to provide users with tools enabling them to build summaries and navigate through long video and audio recordings.
- Modification.We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
- Ability to Accept Terms.The Site is only intended for individuals aged 18 years or older. If you are under 18 years please do not visit or use the Site.
- Site Access.For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
- Restrictions.You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
- Account. In order to use some of the services of the Site, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Glossai immediately of any breach of security or unauthorized use of your Account. As between you and Glossai, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Glossai at support@glossai.co.
- Payments to Glossai.
7.1. While the general access to the Site is provided to you free of charge, Glossai may in the future charge a fee for certain access, usage or storage. In such event, Glossai will use third-party payment processors (each, a “Payment Processor”) to bill you for any service used by you. The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to these Terms, and you hereby
acknowledge and agree that we shall not be responsible for any acts or omissions of the Payment Processors. Unless agreed otherwise by us, you shall pay us, through the Payment Processors, all applicable amounts for any service utilized by you and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account.
7.2. You must provide current, complete and accurate billing information for your Account, and hereby undertake to promptly update us in the event of any changes to such billing information (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable.
7.3. By accepting these Terms or otherwise by using our Site or services, you hereby agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using the payment method you specified in your Account. We reserve the right to deactivate, terminate, prevent access to, disable your use of the Site or our services for, and/or delete any Accounts or access to the Site or our services, including any User Submission uploaded by you, at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your specified method of payment upon invoicing.
7.4. You agree to be responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your use and procurement of our services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”). If we become obligated to collect or pay Taxes in connection with your purchase of our services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.
7.5. We may offer service credits from time to time, and any provision of such credits is governed by the terms and policies concerning the credits. You acknowledge and agree that all credits, whether previously offered or otherwise, are revocable or subject to early expiration at any time and for any reason or no reason by us, including for abuse, misrepresentation of Account information, unauthorized transfer, or illegal conduct by you.
- Intellectual Property Rights
8.1. Content and Marks. The: (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); (ii) and User Submissions, as defined below (together with the Materials, the “Content”); and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Glossai and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Glossai”, the Glossai logo, and other marks are Marks of Glossai or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
8.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
8.3. Music Content. As part of the services provided hereunder and subject to these Terms, you may be able to incorporate music content provided by third party service providers (“Music Content“) into your User Submissions (defined below) within the App. The provision of the Music Content is subject to the terms and conditions of third party service providers of the Music Content and we may, at our sole discretion, disable, remove, limit or terminate the provision of the Music Content at any time, without any liability to you. You shall only use the Music Content as recorded for the purpose of incorporating, integrating and/or synchronizing it “as is” into the User Submissions, and for no other purpose nor in any other modified form. In addition, with respect to your use of any Music Content, you shall not, at any time during or after the term of these Terms: (a) use the copyrights in the name of any Music Content (including, without limitation, in the tune and lyrics included in it); (b) create a cover version of any Music Content (including, without limitation, any tune and/or lyrics); (c) not to entitle any User Submissions with the name of the Music Content; (d) transfer any Music Content to any third party or to allow any third party to access, use, integrate or otherwise exploit the Music Content provided to you via the Site; (e) sell, transfer, share, give license to use, allow others to record a new form, present, perform in public, copy, reproduce and/or distribute as stand-alone package, any Music Content (as a whole or a part) in any manner whatsoever, whether for any consideration or for no consideration; (f) use any Music Content as a separate file, present it as a separate file and/or make it available for download as a separate file, in any manner whatsoever; (g) misuse, infringe or otherwise misappropriate the Music Content in any way whatsoever; (h) use (or intentionally enable the use by others) the Music Content to provide music content services to third parties, for example, as a music or footage collection, a music or footage library, a music or footage database or in any other manner; (i) claim ownership of any Music Content or register any User Submission containing Music Content under YouTube content identification, Facebook Rights Manager or other similar copyrights registrations; (j) use the Music Content in any manner that (i) is illegal or contrary to a court order, (ii) may damage the reputation of the third party service provider of the Music Content, or (iii) violates the rights of third parties; (k) use the Music Content in context of promotion or encouragement of violence, pornography and abomination, racism, hate and discrimination against any person or based on race, religion, sex, sexual orientation, community or nationality, threats, hurting the helpless, violating privacy, slander and another insulting contents; (l) any manner and/or which was forbidden by the provisions of any law. Should we determine, in our sole discretion, that you have breached, or are likely to breach, the restrictions set forth hereunder to otherwise use the Music Content in any unpermitted manner or in breach of applicable law, we may, at our sole discretion immediately suspend your access to the Site and to use the Music Content. Upon our request, you agree to cooperate with us and comply with any instructions we may give you in order to comply with the restrictions and permitted uses of the Music Content granted hereunder. Notwithstanding anything to the contrary, we shall at no time be liable to you with respect to the Music Content or your use thereof.
- User Submissions
9.1. Responsibility. The Site may permit the submission, hosting, sharing and publishing of content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
9.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Glossai to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
9.3. License to User Submissions. By submitting the User Submissions to Glossai, you hereby grant Glossai a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform, all at its sole discretion, the User Submissions in connection with the Site and Glossai’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
9.4. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
9.5. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Glossai is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Glossai with respect to (i) and (ii) herein.
9.6. Spam. You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
- Information Description.We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Disclosure.We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Glossai, its users or the public.
- Links
12.1. The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Glossai. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Glossai from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
12.2. Glossai permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Glossai or present any false information about Glossai and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
- Beta Services.We may offer “beta” versions or features of our products/services (each, a “Beta Service”). Glossai will determine, at its sole discretion, the availability, duration, features, and components of each Beta Service. If we permit you to use a Beta Service, you agree that information we provide relating to the Beta Service is our confidential information, and you specifically agree, in addition to the other requirements set forth in these Terms, to not: (i) use the Beta Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Services; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. Glossai, at its sole discretion, shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time.
- Privacy.We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at https://glossai.co/#privacy-modal. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
- Warranty Disclaimers
15.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
15.2. THE SITE (INCLUDING THE MUSIC CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GLOSSAI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. GLOSSAI DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT GLOSSAI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
15.3. GLOSSAI DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
15.4. YOU SPECIFICALLY ACKNOWLEDGE THAT GLOSSAI SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS, MUSIC CONTENT OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
15.5. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, MUSIC CONTENT, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT GLOSSAI IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. GLOSSAI RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
15.6. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, GLOSSAI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
- Limitation of Liability
16.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GLOSSAI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, OR MUSIC CONTENT EVEN IF GLOSSAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
16.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GLOSSAI FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO GLOSSAI FOR USING THE SITE DURING THE 3 MONTHS PRIOR TO BRINGING THE CLAIM.
- Indemnity.You agree to defend, indemnify and hold harmless Glossai and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your use of the Music Content (including in breach of section 8.3, third party rights and/or applicable law); (iii) your User Submissions; (iv) your interaction with any Site user; or (v) your violation of these Terms.
- Term and Termination.These Terms are effective until terminated by Glossai or you. Glossai, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Glossai shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 and Sections 8 (Intellectual Property Rights), 9.3 (License to User Submissions), 14 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 19 (Independent Contractors) to 21 (General) shall survive termination of these Terms.
- Independent Contractors.You and Glossai are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Glossai. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Glossai.
- Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Glossai without restriction or notification to you.
- General.Glossai reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Glossai shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Glossai may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Glossai concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
