EULA
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and [Datalayah] (“Licensor”) for the use of one or all of our software tools (“Software”), which is a locally hosted transcription service. By using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Software.
Grant of License.
Licensor grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Software online for your own personal or internal business purposes, subject to your compliance with this EULA and your payment of the applicable fees.
Restrictions.
You may not:
(a) copy, modify, reverse engineer, decompile, disassemble, or create derivative works of the Software or any part thereof;
(b) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software or any part thereof to any third party;
(c) use the Software for any unlawful or fraudulent purpose or in violation of any applicable law or regulation;
(d) use the Software to store or transmit any infringing, libelous, obscene, harassing, or otherwise unlawful or tortious material;
(e) use the Software to store or transmit any malicious code, viruses, worms, Trojan horses, or other harmful or disruptive software;
(f) interfere with or disrupt the operation or performance of the Software or any other user’s access or use thereof;
(g) attempt to gain unauthorized access to the Software or any related systems or networks; or
(h) remove, alter, or obscure any proprietary notices or labels on the Software or any part thereof.
Ownership.
Nothing in this EULA shall be construed to grant you any right, title, or interest in or to the Software or any intellectual property rights therein, except for the limited license granted herein. Data Protection. Licensor respects your privacy and is committed to protecting your personal data in accordance with its Privacy Policy, which is incorporated herein by reference. By using the Software, you consent to Licensor’s collection, use, disclosure, and transfer of your personal data as described in its Privacy Policy. You also acknowledge that Licensor may process your personal data on behalf of its customers who are data controllers under the General Data Protection Regulation (GDPR) and that Licensor acts as a data processor for such purposes. You agree to comply with all applicable data protection laws and regulations when using the Software and to provide Licensor with any necessary consents or authorizations for such processing.
Data Storage and Responsibility.
The Software enables you to record and transcribe audio files that are stored on your local wifi network and not on Licensor’s servers. You are solely responsible for ensuring that your data storage is secure and compliant with all applicable laws and regulations. You are also solely responsible for obtaining any necessary permissions or consents from the subjects of your recordings before using the Software. Licensor does not monitor, access, or use your data, except as necessary to provide the Software to you or as required by law. You agree to indemnify, defend, and hold harmless Licensor from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or relating to your data or your use of the Software in violation of any applicable laws or regulations.
Term and Termination.
This EULA is effective until terminated by either party. You may terminate this EULA at any time by ceasing to use the Software and deleting your account. Licensor may terminate this EULA at any time by giving you notice via email or through the Software. Upon termination of this EULA for any reason:
(a) all rights and licenses granted to you under this EULA shall cease;
(b) you shall cease all use of the Software and delete your account and data; and © Licensor may delete all your personal data stored on its servers without liability to you.
Disclaimer of Warranties.
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SOFTWARE IN THE THREE MONTHS PRECEDING THE CLAIM.
Governing Law and Dispute Resolution.
This EULA shall be governed by and construed in accordance with the laws of United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to this EULA shall be submitted to the exclusive jurisdiction of the courts of United States, and the parties hereby consent to such jurisdiction and venue.
Miscellaneous.
This EULA constitutes the entire agreement between you and Licensor regarding the Software and supersedes any prior or contemporaneous agreements, communications, or understandings. Licensor may assign this EULA or any of its rights or obligations hereunder without your consent. You may not assign this EULA or any of your rights or obligations hereunder without Licensor’s prior written consent. If any provision of this EULA is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable and the remaining provisions shall remain in full force and effect. No waiver of any provision of this EULA shall be deemed a further or continuing waiver of such provision or any other provision.
Grant of License.
Licensor grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Software online for your own personal or internal business purposes, subject to your compliance with this EULA and your payment of the applicable fees.
Restrictions.
You may not:
(a) copy, modify, reverse engineer, decompile, disassemble, or create derivative works of the Software or any part thereof;
(b) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software or any part thereof to any third party;
(c) use the Software for any unlawful or fraudulent purpose or in violation of any applicable law or regulation;
(d) use the Software to store or transmit any infringing, libelous, obscene, harassing, or otherwise unlawful or tortious material;
(e) use the Software to store or transmit any malicious code, viruses, worms, Trojan horses, or other harmful or disruptive software;
(f) interfere with or disrupt the operation or performance of the Software or any other user’s access or use thereof;
(g) attempt to gain unauthorized access to the Software or any related systems or networks; or
(h) remove, alter, or obscure any proprietary notices or labels on the Software or any part thereof.
Ownership.
Nothing in this EULA shall be construed to grant you any right, title, or interest in or to the Software or any intellectual property rights therein, except for the limited license granted herein. Data Protection. Licensor respects your privacy and is committed to protecting your personal data in accordance with its Privacy Policy, which is incorporated herein by reference. By using the Software, you consent to Licensor’s collection, use, disclosure, and transfer of your personal data as described in its Privacy Policy. You also acknowledge that Licensor may process your personal data on behalf of its customers who are data controllers under the General Data Protection Regulation (GDPR) and that Licensor acts as a data processor for such purposes. You agree to comply with all applicable data protection laws and regulations when using the Software and to provide Licensor with any necessary consents or authorizations for such processing.
Data Storage and Responsibility.
The Software enables you to record and transcribe audio files that are stored on your local wifi network and not on Licensor’s servers. You are solely responsible for ensuring that your data storage is secure and compliant with all applicable laws and regulations. You are also solely responsible for obtaining any necessary permissions or consents from the subjects of your recordings before using the Software. Licensor does not monitor, access, or use your data, except as necessary to provide the Software to you or as required by law. You agree to indemnify, defend, and hold harmless Licensor from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or relating to your data or your use of the Software in violation of any applicable laws or regulations.
Term and Termination.
This EULA is effective until terminated by either party. You may terminate this EULA at any time by ceasing to use the Software and deleting your account. Licensor may terminate this EULA at any time by giving you notice via email or through the Software. Upon termination of this EULA for any reason:
(a) all rights and licenses granted to you under this EULA shall cease;
(b) you shall cease all use of the Software and delete your account and data; and © Licensor may delete all your personal data stored on its servers without liability to you.
Disclaimer of Warranties.
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SOFTWARE IN THE THREE MONTHS PRECEDING THE CLAIM.
Governing Law and Dispute Resolution.
This EULA shall be governed by and construed in accordance with the laws of United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to this EULA shall be submitted to the exclusive jurisdiction of the courts of United States, and the parties hereby consent to such jurisdiction and venue.
Miscellaneous.
This EULA constitutes the entire agreement between you and Licensor regarding the Software and supersedes any prior or contemporaneous agreements, communications, or understandings. Licensor may assign this EULA or any of its rights or obligations hereunder without your consent. You may not assign this EULA or any of your rights or obligations hereunder without Licensor’s prior written consent. If any provision of this EULA is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable and the remaining provisions shall remain in full force and effect. No waiver of any provision of this EULA shall be deemed a further or continuing waiver of such provision or any other provision.
PRIVACY POLICY
Datalayah (“we”, “us”, “our”) is committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect your personal data when you use our locally hosted transcription service or any of our other AI tools (“Software”) or visit our website datalayah.com (“Website”). Please read this Privacy Policy carefully before using the Software or Website. What personal data do we collect? We may collect and process the following personal data about you: Information that you provide when you register for an account with us, such as your name, email address, password, and payment details. Information that we automatically collect when you use the Website, such as your IP address, browser type, device type, operating system, access times, pages viewed, and cookies. Information that we obtain from third parties, such as our payment processors, analytics providers, social media platforms, or other partners who provide services to us or you in connection with the Software or Website. How do we use your personal data? We use your personal data for the following purposes: To provide you with the Software and its features, such as recording and transcribing audio files, and to communicate with you about your account and use of the Software. To process your payments and subscriptions for the Software and to prevent fraud and abuse. To improve and optimize the Software and Website, such as by analyzing usage trends, conducting surveys, testing new features, and soliciting feedback. To personalize your experience and tailor the Software and Website to your preferences and interests. To send you marketing communications about our products, services, offers, promotions, events, and news, subject to your consent and preferences. To comply with our legal obligations, enforce our EULA and other agreements, protect our rights and interests, and resolve any disputes or claims.
How do we disclose your personal data?
We may disclose your personal data to the following categories of recipients: Our service providers, contractors, agents, or partners who help us provide the Software or Website or perform functions on our behalf, such as hosting, payment processing, analytics, marketing, customer support, or security. Our customers who are data controllers under the GDPR and who use the Software to process your personal data on their behalf. We act as a data processor for such purposes and we only process your personal data in accordance with their instructions and this Privacy Policy. Other third parties with your consent or at your direction, such as when you share your transcripts or recordings with others through the Software or Website. Other third parties as required by law or regulation, such as to comply with a subpoena, court order, or legal process; to cooperate with law enforcement or regulatory authorities; to prevent or investigate fraud or illegal activity; to protect our rights or property; or to enforce our EULA or other agreements.
How do we protect your personal data?
technical and organizational measures to protect your personal data from unauthorized access, use, disclosure, alteration, or destruction. These measures include encryption, firewalls, access controls, backups, audits, and training. However, no method of transmission or storage is completely secure and we cannot guarantee the absolute security of your personal data. You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorized access to your account.
How long do we keep your personal data?
We retain your personal data for as long as necessary to provide you with the Software and Website and to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. When we no longer need your personal data, we will delete it from our servers and systems or anonymize it so that it can no longer be linked to you.
What are your rights regarding your personal data?
You have the following rights regarding your personal data, subject to applicable laws and regulations: The right to access your personal data and obtain a copy of it. The right to rectify any inaccurate or incomplete personal data. The right to erase your personal data or restrict its processing in certain circumstances. The right to object to the processing of your personal data for direct marketing purposes or for other legitimate interests. The right to withdraw your consent to the processing of your personal data at any time, where applicable. The right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit it to another controller, where applicable. The right to lodge a complaint with a supervisory authority if you believe that your rights have been violated. To exercise any of these rights, please contact us at customerservice@datalayah.com and provide us with sufficient information to identify you and verify your request. We will respond to your request within one month or as required by law.
How do we use cookies and similar technologies?
We use cookies and similar technologies, such as web beacons, pixels, tags, and scripts, to collect and store information about your use of the Website and Software and to improve your experience. Cookies are small text files that are placed on your device by a web server when you access our Website or Software. We use both session cookies and persistent cookies. Session cookies expire when you close your browser or app, while persistent cookies remain on your device until you delete them or they expire. Some of the cookies we use are essential for the Website or Software to function properly, while others are used for analytics, performance, functionality, security, or advertising purposes. You can manage your cookie preferences by changing your browser settings or using our cookie consent tool. However, if you disable or reject cookies, some features of the Website or Software may not work properly or at all.
How do we update it?
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other purposes. We will notify you of any material changes by posting the updated Privacy Policy on our Website or Software or by sending you an email or other notification. The date at the top of this Privacy Policy indicates when it was last updated. Your continued use of the Website or Software after we post or send a notice of changes constitutes your acceptance of those changes.
How do we contact you?
If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us at customerservice@datalayah.com. We welcome your feedback and suggestions.
How do we disclose your personal data?
We may disclose your personal data to the following categories of recipients: Our service providers, contractors, agents, or partners who help us provide the Software or Website or perform functions on our behalf, such as hosting, payment processing, analytics, marketing, customer support, or security. Our customers who are data controllers under the GDPR and who use the Software to process your personal data on their behalf. We act as a data processor for such purposes and we only process your personal data in accordance with their instructions and this Privacy Policy. Other third parties with your consent or at your direction, such as when you share your transcripts or recordings with others through the Software or Website. Other third parties as required by law or regulation, such as to comply with a subpoena, court order, or legal process; to cooperate with law enforcement or regulatory authorities; to prevent or investigate fraud or illegal activity; to protect our rights or property; or to enforce our EULA or other agreements.
How do we protect your personal data?
technical and organizational measures to protect your personal data from unauthorized access, use, disclosure, alteration, or destruction. These measures include encryption, firewalls, access controls, backups, audits, and training. However, no method of transmission or storage is completely secure and we cannot guarantee the absolute security of your personal data. You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorized access to your account.
How long do we keep your personal data?
We retain your personal data for as long as necessary to provide you with the Software and Website and to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. When we no longer need your personal data, we will delete it from our servers and systems or anonymize it so that it can no longer be linked to you.
What are your rights regarding your personal data?
You have the following rights regarding your personal data, subject to applicable laws and regulations: The right to access your personal data and obtain a copy of it. The right to rectify any inaccurate or incomplete personal data. The right to erase your personal data or restrict its processing in certain circumstances. The right to object to the processing of your personal data for direct marketing purposes or for other legitimate interests. The right to withdraw your consent to the processing of your personal data at any time, where applicable. The right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit it to another controller, where applicable. The right to lodge a complaint with a supervisory authority if you believe that your rights have been violated. To exercise any of these rights, please contact us at customerservice@datalayah.com and provide us with sufficient information to identify you and verify your request. We will respond to your request within one month or as required by law.
How do we use cookies and similar technologies?
We use cookies and similar technologies, such as web beacons, pixels, tags, and scripts, to collect and store information about your use of the Website and Software and to improve your experience. Cookies are small text files that are placed on your device by a web server when you access our Website or Software. We use both session cookies and persistent cookies. Session cookies expire when you close your browser or app, while persistent cookies remain on your device until you delete them or they expire. Some of the cookies we use are essential for the Website or Software to function properly, while others are used for analytics, performance, functionality, security, or advertising purposes. You can manage your cookie preferences by changing your browser settings or using our cookie consent tool. However, if you disable or reject cookies, some features of the Website or Software may not work properly or at all.
How do we update it?
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other purposes. We will notify you of any material changes by posting the updated Privacy Policy on our Website or Software or by sending you an email or other notification. The date at the top of this Privacy Policy indicates when it was last updated. Your continued use of the Website or Software after we post or send a notice of changes constitutes your acceptance of those changes.
How do we contact you?
If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us at customerservice@datalayah.com. We welcome your feedback and suggestions.