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Terms of Service

HETKI.AI SERVICE

1.                Purpose

1.1                  These Terms of Service ("Terms") govern your use of our (“Hetki.ai”) service, an AI meeting assistant tool (“Service”). By accessing or using the Service, you agree to be bound by these Terms. If you use our Services on behalf of an entity or organization, you are binding that organization to these Terms, and you represent that you have the authority to do so (“Agreement”).

2.                Our Service

2.1                  Our Service allows our customers to record customer support calls, transcribe them, and analyse them for various purposes, including but not limited to improving customer service, identifying trends and issues, and training customer support staff. You are solely responsible for complying with all applicable laws and regulations regarding the recording of calls and the protection of personal information.

3.                Your Use of the Service

3.1                  Subject to the payment of applicable fees and subject to these Terms, you are granted a non-exclusive, non-transferable, non-assignable, revocable limited right to use the Service as specified in these Terms for the time period separately agreed upon between you and Hetki.ai.

3.2                 You agree to use our Service in compliance with these Terms and all applicable laws and regulations. You are responsible for ensuring that your use of the Service does not violate any third-party rights or any applicable laws or regulations.

4.                Service Fees and Payment Terms

4.1                 The fees for our Service are as stated on our webpage or as we've mutually agreed in writing (e.g., contract, or email) or as stated in our price list in force from time to time ("Service Fees"). We will send you an invoice for the Service Fees or bill you through another billing method once the Service is ready for you to use.

4.2                 You should make payment within fourteen (14) days from the date you receive our invoice, or from the beginning of the subscription.

4.3                 All the prices we quote are exclusive of any taxes, duties, and similar charges ("Taxes"). If there are any such Taxes, they're your responsibility to handle. When you make payments to us, you should do so without deducting any Taxes, unless you're required to do so by law. If there's a withholding tax in your country, you should pay extra to ensure we receive the full amount we're due after the deduction. If you do deduct tax, please promptly provide us with proof that you've paid all necessary Taxes according to your country's regulations.

4.4                 If you don't pay what you owe on time, the interest will be calculated as per the Interest Act of Finland.

5.                Recording and Transcribing Calls

5.1                  You are solely responsible for obtaining any necessary consent from your customers to record their calls and for complying with all applicable laws and regulations regarding call recording and personal information protection. We are not responsible for any violation of such laws or regulations by you.

6.                Prohibited Content

6.1                 You will not record, or transmit any harmful, offensive, unlawful, or otherwise objectionable content to the Service, including content that: (a) is threatening, abusive, harassing, defamatory, vulgar, obscene, discriminatory, or hateful; (b) infringes any patent, trademark, trade secret, copyright or other intellectual property right or violates the rights of others in any way; (c) contains pornography or sexually explicit material; (d) is harmful to minors; or (e) promotes or provides instructional information about illegal activities or promotes physical harm or injury to any group or individual.

7.                Ownership and Use of Data and Data Protection

7.1                  You retain ownership of all data you provide or upload to our Service. By using our service, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, and display such data as necessary to provide the service to you and to analyse it for our own business purposes.

7.2                 We will only process and use your data: (a) to provide, protect, and update the Services, (b) to enforce these Terms and exercise our rights hereunder, (c) as required by law, and (d) as otherwise instructed by you. We may collect and use your data on an aggregated and/or anonymized basis for our internal business purposes; provided that we will not use or share this data in a way that identifies any individual or Customer as the source of the data.

7.3                 We will maintain an industry-standard information security program that consists of technical and organizational safeguards designed to protect your data. Notwithstanding the foregoing, you are responsible for maintaining the security and confidentiality of your user accounts, including account credentials such as usernames and passwords.

7.4                 We may use subcontractors to assist in providing the Services, provided that: (i) subcontractors who receive your data will be subject to confidentiality obligations no less protective than those that we generally apply with our customers; (ii) we will remain responsible for our obligations under these Terms and for subcontractors’ use of your data; and (iii) agreement between us and the company you represent or from which your employer is buying services from will govern any sub-processing of personal data.

8.                Processing of Personal Data

8.1                 This Section lays out our mutual terms and conditions about processing personal data as outlined in the EU General Data Protection Regulation 2016/679 (hereinafter “GDPR”), and any other national data protection legislation currently in effect. In this context, we act as the "Processor" and you act as the "Controller."

8.2                 We'll process Personal Data on your behalf to deliver the Service, guided by your instructions (consider this Section as such).

8.3                 The personal data we process under this agreement might include, for instance, users' contact details and login credentials, end-customer details, call recordings, and transcripts of customer support interactions (“Personal Data”).

8.4                 As the Processor, we commit to:

(i)           Process Personal Data according to your instructions, unless the law requires otherwise;

(ii)         Establish relevant technical and organizational measures ensuring Personal Data's safety;

(iii)       Support you in addressing requests from data subjects, like access or deletion requests, charging a reasonable fee when applicable;

(iv)        Promptly inform you about any Personal Data breaches, providing specifics where possible, including the nature of the breach and proposed remedial actions. Detailed information may come in phases;

(v)         Document our processing activities; and

(vi)        Comply with all other GDPR obligations for Processors.

8.5                 As the Controller, you must:

(i)               Ensure that Personal Data processing aligns with GDPR and affirm both Us and our subcontractors have the right to handle the Personal Data;

(ii)         Supply the necessary instructions to Us regarding Personal Data processing; and

(iii)       Comply with all other GDPR obligations for Controllers.

8.6                 We don't transfer Personal Data outside the European Union (EU) / European Economic Area (EEA), and use data centers located within the EU / EEA. Yet, some of our sub-processors are established and might have access to Personal Data outside of the EU/EEA, e.g., if you initiate support tickets, and the cloud service provider may have access to the Personal Data within the support ticket.

8.7                 If Personal Data is transferred to non-EU/EEA countries that is not recognized by the European Commission as providing an adequate level of protection for Personal Data, we'll (i) comply with chapter v of the GDPR; (ii) use transfer tools (such as standard contractual clauses for processor-to-processor transfers adopted by the European Commission; (iii) take necessary steps to provide appropriate safeguards for international data transfers; (iv) to the extent necessary implement supplementary measures for protection of Personal Data as required by applicable laws; and (v) where necessary ensure that the party responsible for the transfer of Personal Data have conducted the transfer impact assessment if needed.

8.8                We can employ subcontractors as sub-processors for the Service. On request, we'll let you know about the current sub-processors. If we decide to change them, we'll inform you, giving you a chance to raise concerns. If we don't wish to adjust a contested sub-processor, both of us can terminate the agreement. Any subcontractor will adhere to the data protection terms we've outlined here.

8.9                 We reserve the right to gather and analyze data related to Service use and system performance, including user information (Usage Data). As the Controller for Usage Data, we can utilize it to refine our Services during the agreement term. After this period, we maintain a non-exclusive right to use anonymized and aggregated Usage Data.

8.10              Our processing activities are detailed in the privacy policy on our website (www.hetki.ai).

8.11               We are not accountable for the data security of the broader communications network or third-party service providers, nor for any disruptions they might cause.

9.                Third-Party Apps

9.1                 Third-Party Apps are subject to their own terms and privacy policies. You are responsible for reviewing those terms and policies before using Third-Party Apps. You are responsible for acquiring and maintaining the connections and additional services (e.g., Microsoft Teams, Google Meets, and Zoom) needed to use our Service and their associated costs. We are not responsible for Third-Party Apps.

10.             Changes to the Service ans Suspension

10.1               We may make changes to the Service and will inform you in advance. If such changes materially affect the content or usability of the Service, we will notify you in writing at least 30 days before the changes take effect. You then have the right to terminate our agreement by giving written notice within 14 days following the effective date of the change, with termination effective 30 days after your notice.

10.2              We reserve the right to suspend the Service for a reasonable period if it's necessary for us to conduct installation, change, or maintenance work concerning the Service, especially if these tasks can't be completed at a reasonable cost without halting the Service. When we decide to suspend the Service, we'll: i) Do our best to inform you about the suspension and its expected duration in advance. ii) Make every effort to minimize any inconvenience the suspension might cause you.

10.3              We may also suspend the delivery of the Service due to work on the general communications network, a significant data security risk tied to the Service, legal or regulatory requirements, or in the event of unforeseen circumstances (force majeure). If we suspend the Service for any of these reasons, we'll either inform you about the suspension and its expected duration in advance or, if that's not feasible, as soon as we become aware of the issue.

10.4              We also reserve the right to block your access to the Service without prior consultation if we believe you're using or overloading the Service in a way that could disrupt its delivery to other users. Should this happen, we'll notify you about our reasons for taking such action.

11.             Title

11.1                Title, ownership rights, and intellectual property rights in the Service remain with Hetki.ai and/or its licensors. We reserve any and all rights not expressly granted to you.

11.2               If you provide feedback to us, we may use it without restriction or obligation.

12.             Confidentiality

12.1               We will treat all data you provide or upload to our Service as confidential and will use reasonable measures to protect it from unauthorized access, use, disclosure, or destruction. We will not disclose your data to any third party unless required by law or as necessary to provide the service to you.

12.2              We both commit to always keeping any material and information received from the other, which is marked as confidential or is inherently confidential by nature (“Confidential Information”), in strict confidence. Neither of us may use this Confidential Information for purposes other than those described in this Agreement.

12.3              The confidentiality commitment doesn't apply to material or information that: i) Was already known by one of us without any associated confidentiality obligations before the other shared it. ii) Is or becomes public knowledge without any wrongdoing on our part or yours. iii) Is shared with one of us by a third party without breaking any confidentiality commitments to the other. iv) Is developed independently by one of us without using information from the other. v) One of us is mandated to disclose based on laws or regulatory directives.

12.4              Both of us have the right to use the professional skills and experience gained while working with the Service.

12.5              The commitments in this section will remain in effect even if our Agreement ends, and they will continue for five years after that.

12.6             

 

13.             Restrictions

13.1               You will not and will ensure your users do not: (a) reproduce, modify, adapt, or create derivative works of the Services; (b) rent, lease, distribute, sell, transfer, or sublicense the Services to a third party except as permitted in these Terms; (c) interfere with, disrupt, or circumvent any security measures or mechanisms designed to protect the Services; (d) reverse engineer, disassemble, decompile, or seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of Services; (e) remove or obscure any proprietary or other notices contained in the Services; (f) harass, threaten, or cause distress, unwanted attention, or discomfort to a person or entity; (g) impersonate or falsely state or misrepresent an affiliation with anyone; (h) use the Services to transmit any viruses, worms, trojan horses, or other harmful or malicious code or programs; (i) use the Services to build competitive products; or (j) misuse the Services in any way, including in violation of these Terms or applicable law. Any use of data mining, robots, or similar data gathering and extraction tools or framing all or any portion of the Services without our permission is strictly prohibited.

14.             Force Majeure

14.1               We won't hold you responsible, nor should you hold us responsible, for any damages, delays, or failures in fulfilling the terms of this Agreement (except for failures to make payments) caused by unforeseen and uncontrollable events. These events include but are not limited to strikes, lockouts, boycotts, embargoes, epidemics, pandemics, natural disasters, wars, governmental actions, or disruptions in supply chains due to such events ("Force Majeure"). This provision only holds if the affected party has taken all reasonable precautions, shown due care, and pursued alternative measures with the goal of upholding this Agreement.

14.2              If either of us faces a Force Majeure event, it's our responsibility to inform the other as soon as reasonably possible about the situation and also update when the normal circumstances are restored. Both of us should do our utmost to minimize the consequences of the Force Majeure event.

14.3              If the Force Majeure event extends beyond three (3) months, either of us has the right to terminate this Agreement.

15.             Limited Warranty and Disclaimer

15.1               THE SERVICE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OTHER THAN WHAT IS EXPLICITLY STATED HEREIN. HETKI.AI, ITS LICENSORS DO NOT GUARANTEE THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. HETKI.AI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE.

15.2              Some jurisdictions do not allow the limitation or exclusion of express or implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary according to your jurisdiction.

16.             Liability

16.1               Any use of the third-party meeting services is solely between You and third party meeting service provider and We take no responsibility whatsoever regarding the Your use of such services. You hereby waive and agrees to defend and hold harmless Us from any responsibility or liability whatsoever regarding the third-party meeting services.

16.2              You are solely responsible for obtaining any necessary consent from your end-customers to record their calls and for complying with all applicable laws and regulations regarding call recording and personal information protection.

16.3              IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL HETKI.AI, ITS EMPLOYEES, OR OFFICERS, ITS LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR FILES, DEVICE OR APPLICATION NON-PERFORMANCE, FAILURE OR MALFUNCTION, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, RELATED DOCUMENTATION OR THIRD-PARTY SERVICES, EVEN IF HETKI.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.4              HETKI.AI’S AND ITS LICENSORS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU OR THE COMPANY YOU REPRESENT FOR THE SERVICES. IN CASE OF DAMAGE RESULTING FROM A FAILURE OF THE SERVICES LEADING TO LOSS, CORRUPTION, UNAUTHORIZED DISCLOSURE, OR EXTENDED UNAVAILABILITY OF THE CONTENT, THE LIABILITY SHALL BE EXPRESSLY LIMITED TO THE AMOUNT PAID FOR YOUR RIGHT OF USE OF THE SERVICE FOR SIX MONTHS IMMEDIATELY PRECEDING SUCH FAILURE.

16.5               

16.6              The limitations of liability shall not apply to liability under sections 12 (Confidentiality), or damages caused by wilful conduct or gross negligence.

17.             Term and Termination

17.1               This Agreement will take effect once you start your subscription or on a date we have agreed in writing (“Effective Date”) and will remain active until further notice. The duration of this Agreement is set for twelve (12) months (“Term”). It will automatically renew for a period equivalent to the previous Term or any other term we mutually decide upon. Either of us can terminate the Agreement by providing sixty (60) days written notice before the conclusion of the current Term.

17.2               We both can immediately terminate the Agreement with a written notice if:

(a)          The other party materially breaches the Agreement and doesn't rectify it within thirty (30) days after receiving written notification; or

(b)         The other party faces financial distress, insolvency, bankruptcy, or liquidation.

17.3               If the Agreement ends, We will invoice You for Service Fees for the agreed Term.

17.4               When the Agreement terminates or expires, Sections 3 (Your Use of the Service), 12 (Confidentiality), and 16 (Liability) will persist in full force. Any other sections will also remain if their context suggests they were meant to outlast the Agreement's duration.

17.5               After the Agreement's termination, You will return all documents, property, and Confidential Information to Us.

17.6               We may terminate your access to our Service immediately without notice if you are in breach of any of these Terms or use the Service for purposes other than those it is designed for.

18.             Changes to these Terms

18.1               We may update these Terms from time to time by posting a new version on our website. Your continued use of our Service after any such changes will constitute your acceptance of the revised Agreement.

19.             Governing Law and Jurisdiction

19.1               These Terms will be governed by and construed in accordance with the laws of Finland. Any disputes arising out of or related to these Terms or the use of our Service will be subject to the exclusive jurisdiction of the courts of Finland.

19.2              Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one, and the place of arbitration shall be Helsinki, Finland. The language of the proceedings shall be English.

19.3              Nothing in the Agreement shall be deemed to limit the Parties' rights to seek interim injunctive relief or to enforce an arbitration award in any court of law.

20.             General Provisions

20.1              Both of us warrant that we possess the necessary corporate power and authority to fully enter into and perform under this Agreement.

20.2             Neither of us can transfer or assign this Agreement or any of its rights, benefits, or obligations without the other's prior written consent. However, approvals for transfers within the same corporate group shouldn't be unreasonably withheld. We have the right to transfer this Agreement in events like mergers, acquisitions, or other changes of control.

20.3             We're allowed to display Your name and logo as a reference on our website and in our marketing materials.

20.4             This Agreement represents the complete understanding between us regarding the subject matter, overriding all previous discussions, understandings, and agreements.

21.             Contact Us

21.1               If you have any questions about these Terms or our Service, please contact us at hello@hetki.ai.

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