Terms of Service
This Terms of Service has been updated on May 3rd, 2023.
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.
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. Recording and Transcribing Calls
4.1 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.
5. Prohibited Content
5.1 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.
6. Ownership and Use of Data and Data Protection
6.1 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.
6.2 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.
6.3 The processing of your personal data is governed in the agreement between us and the company you represent or from which your employer is buying services from and in our Privacy Policy available at www.hetki.ai.
6.4 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.
6.5 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.
7. Third-Party Apps
7.1 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. Hetki.ai is not responsible for Third-Party Apps.
8. Title
8.1 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.
8.2 If you provide feedback to us, we may use it without restriction or obligation.
9. Confidentiality
9.1 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.
10. Restrictions
10.1 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.
11. Limited Warranty and Disclaimer
11.1 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.
11.2 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.
12. Limitation of Liability
12.1 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.
12.2 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.
13. Availability.
13.1 You are informed and hereby accept that all or part of the Service may be temporarily unavailable or non-operational for repairs, upgrades, maintenance, or for reasons beyond our reasonable control (force majeure). We and our licensors shall not be held liable for the consequences of such interruptions and shall undertake to restore the availability and operation of the Service as rapidly as reasonably possible, depending on the technical constraints encountered.
14. Termination
14.1 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.
15. Changes to these Terms
15.1 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.
16. Governing Law and Jurisdiction
16.1 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.
17. Contact Us
17.1 If you have any questions about these Terms or our Service, please contact us at hello@hetki.ai.