Term of Service

Terms of Service

Last Updated: February 19, 2005

1. Introduction

This Terms of Service Agreement (“Agreement”) is entered into between you (“User”) and EKHOS AI (“Company,” “we,” “our”). By downloading, installing, accessing, or using the EKHOS AI software (“Software”), associated websites, applications, and any other services (collectively, “Services”) provided by the EKHOS AI, you acknowledge and agree to comply with the terms and conditions set forth in this Agreement. If you do not agree with any part of this Agreement, you must immediately discontinue the use of the Software and Services and refrain from installing or accessing them.

2. License Grant

Subject to the terms of this Agreement, EKHOS AI grants you a limited, non-exclusive, non-transferable license to use the Software on a single computer for personal or internal business purposes. You may not distribute, sublicense, or share the Software with any other party without explicit written permission from EKHOS AI.

3. User Types

EKHOS AI offers two distinct types of users: Free User and Premium User. Each user type is subject to specific terms and conditions, and the scope of access, features, and support available varies accordingly. The details are as follows:

  • Free User: Free Users are granted limited access to EKHOS AI’s Services, including but not limited to a daily transcription limit of 30 minutes, transcription support for most audio/video file formats, and the ability to transcribe both microphone and speaker audio. To use EKHOS AI offline, Free Users must sign in daily. Free Users do not have access to dedicated support, although feedback and suggestions are encouraged. EKHOS AI reserves the right to modify, limit, or discontinue certain features available to Free Users at its sole discretion, and no guarantees are made regarding the availability or functionality of these features.

  • Premium User: Premium Users are granted access to all available features of EKHOS AI’s Services, including but not limited to unlimited transcription, offline transcription, bulk transcription capabilities, and a variety of advanced tools such as personalized settings, a built-in media player, transcript editing tools, and priority email support. To use EKHOS AI offline, Premium Users must sign in at least once every 31 days. EKHOS AI reserves the right to adjust, enhance, or modify the Premium User features and subscription terms at its discretion, provided that any such changes will be communicated via Software Update.

4. Acceptance of the Terms of Service

By installing or using EKHOS AI, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms of this Agreement, you must not install or use the Software. Continuing to use the Software signifies your acceptance of this terms of service.

5. Restrictions

You may not, directly or indirectly, engage in any of the following actions regarding the Software:

  • Reverse Engineering and Source Code Access: Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to discover the source code, underlying structure, algorithms, or any proprietary components of the Software, or assist any third party in doing so, except to the extent that such activities are expressly permitted by applicable law notwithstanding this restriction.
  • Unlawful Use: Use the Software for any unlawful, illegal, or fraudulent purpose, including but not limited to committing fraud, engaging in unauthorized surveillance, distributing malicious software (such as viruses, worms, spyware, or malware), or violating the rights of others, whether through direct actions or omissions.
  • Unauthorized Distribution or Transfer: Distribute, share, sell, sublicense, rent, lease, or otherwise transfer the Software, or any rights to the Software, to any third party, whether for commercial gain or otherwise, without obtaining prior written consent from EKHOS AI. This includes, but is not limited to, sublicensing or otherwise granting rights to the Software to any third party.
  • Modification and Derivative Works: Modify, adapt, translate, or create derivative works based on the Software in whole or in part, including but not limited to translations, adaptations for other platforms, or creating work that is based on or derived from the Software without the prior written consent of EKHOS AI.
  • Alteration of Proprietary Notices: Remove, alter, or obscure any proprietary notices, labels, trademarks, or copyright notices, or any other identifying marks on the Software, including any form of protection used to secure the Software from unauthorized access.
  • Harmful Usage: Use the Software in a manner that could damage, disable, overburden, or impair the Software’s functionality, performance, or availability, or otherwise interfere with or disrupt the normal operation of the Software or the use of the Software by others, including but not limited to any actions that would harm or disrupt the ability of other users to access or use the Software.
  • Violation of Laws and Regulations: Use the Software in any manner that violates, directly or indirectly, any applicable local, state, national, or international law, statute, ordinance, or regulation, including but not limited to laws governing intellectual property rights, privacy, data protection, consumer protection, and export control regulations.

6. Billing

EKHOS AI offers two types of subscription plans: Free and Premium.

Free Subscription

The Free Subscription Plan is provided at no cost ($0). There are no billing cycles, renewal processes, or automatic charges for users of the Free Subscription Plan.

Premium Subscription

Users may subscribe to the Premium Subscription Plan on either a monthly or annual basis. By subscribing to the Premium Plan, you agree to an automatic renewal at the end of each billing cycle (monthly or annual), unless the subscription is canceled before the renewal date.

Subscription and Renewals

If you are a Premium Subscriber, you may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of your current billing cycle, and you will retain access to Premium features until the end of that period.

Notes:

  • If you cancel your subscription, you may be eligible for a refund based on the unused portion of your subscription, calculated according to the number of months remaining in your billing cycle.
  • After canceling your Premium Subscription, you will continue to have access to Premium features until the end of your current billing cycle. Your access to Premium features will be revoked immediately after the end of that cycle.

Pricing Changes

EKHOS AI reserves the right to modify or change its pricing at any time. However, if you are subscribed to a paid subscription plan, any changes to pricing will not take effect until your next renewal cycle, or thirty (30) days after EKHOS AI provides notice of the price change to you, whichever occurs later.

Notes:

  • EKHOS AI will provide notice of any price change to users via email or through your account settings, at EKHOS AI’s discretion.
  • If the price change occurs before your next renewal cycle, you will have the option to either accept the new pricing or cancel your subscription, in which case your cancellation will take effect at the end of the current billing period.

7. Data Privacy

EKHOS AI collects only minimal user data, including your email address during the sign-up process. We comply with applicable privacy laws, including the Australian Privacy Act 1988 (Cth) for users in Australia, and the General Data Protection Regulation (GDPR) for users located in the European Union. For more information on how your data is handled, stored, and protected, please refer to our Privacy Policy.

8. Third-Party Libraries

EKHOS AI utilizes third-party libraries as integral components of its functionality. The license information for these third-party libraries is made available to users at the following location: %LOCALAPPDATA%/Ekhos/Licenses.

Disclaimer of Liability:

  • EKHOS AI makes reasonable efforts to ensure that all third-party components integrated into its Software are reliable, secure, and compliant with applicable standards. However, EKHOS AI does not make any warranties, express or implied, regarding the performance, security, or reliability of these third-party libraries.
  • Third-party libraries are provided on an “as-is” basis. EKHOS AI expressly disclaims any responsibility or liability for any issues, errors, bugs, vulnerabilities, or damages—including but not limited to data loss, security breaches, or system malfunctions—that may result from the use or interaction with these third-party components.
  • By using the Software, users acknowledge and agree that the inclusion of third-party libraries involves inherent risks, including the possibility of unforeseen errors or conflicts. Users assume all responsibility for such risks and agree to indemnify and hold harmless EKHOS AI from any claims arising out of their use of third-party libraries.

9. Termination

This Agreement shall remain in full force and effect until terminated by either party.

Termination by the User: You may terminate this Agreement at any time by uninstalling the Software from all devices under your control and ceasing any further use of the Software.

Termination by EKHOS AI:EKHOS AI reserves the right to terminate this Agreement immediately, without prior notice, if you breach any of the terms or conditions set forth herein, engage in unauthorized or prohibited use of the Software, or violate applicable laws or regulations in connection with the use of the Software.

Effect of Termination:

  • Upon termination of this Agreement, whether initiated by you or EKHOS AI, you are required to immediately cease all access to and use of the Software, and uninstall the Software from all devices where it is installed.
  • Any rights granted to you under this Agreement shall immediately terminate, and you may not retain, copy, or use any part of the Software or associated materials following termination.

10. Disclaimer and Warranty

The Software is provided “as is” and “as available” without any warranties of any kind, whether express, implied, or statutory. EKHOS AI expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any guarantees regarding performance, accuracy, or reliability. EKHOS AI does not warrant that the Software will meet your requirements, operate without interruption, be error-free, or function without limitations. Users acknowledge and agree that they are fully responsible for assessing the risks of using the Software, especially in high-risk or critical scenarios, and assume all such risks. EKHOS AI will not be held liable for any adverse consequences arising from the use of the Software in such high-risk situations.

To the fullest extent permitted by law, EKHOS AI shall not be liable for any errors, omissions, inaccuracies, or damages arising from the use of the Software, including reliance on its results or performance, regardless of whether such damages are direct, indirect, incidental, or consequential. In no event shall EKHOS AI’s liability exceed the amount you paid for the Software, if any. Your sole remedy for dissatisfaction with the Software is to cease its use and uninstall it from your devices. Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities, so these limitations may not apply to you where prohibited by law.

11. Limitation of Liability

In no event shall EKHOS AI be liable for any damages arising out of the use or inability to use the Software, even if EKHOS AI has been advised of the possibility of such damages. This includes, but is not limited to, direct, indirect, incidental, consequential, special, or punitive damages, loss of data, loss of profits, or business interruptions, regardless of whether the damages arise from negligence or other causes. EKHOS AI shall not be liable for any use of the Software in high-risk scenarios where failure of the Software may result in significant harm or loss, including but not limited to medical, legal, financial, or critical infrastructure applications.

EKHOS AI does not guarantee the absolute accuracy, completeness, or reliability of the transcriptions provided by its Services. While EKHOS AI employs advanced AI-powered transcription technology designed to deliver high-quality transcriptions, users acknowledge that due to the inherent limitations of automated systems, 100% accuracy cannot be assured. Human intervention is required to verify and ensure the correctness of the transcriptions. By using the Services, you agree that you are responsible for verifying and correcting transcriptions to ensure accuracy, particularly when the transcriptions are used in sensitive or high-risk contexts.

EKHOS AI provides tools, including track editors, to assist users in reviewing and correcting potential errors or inaccuracies in the transcriptions. These tools are designed to facilitate the review process, but it is the user’s responsibility to ensure the accuracy of the transcriptions. By using the Services, you agree that EKHOS AI is not liable for any errors, omissions, inaccuracies, or incomplete transcriptions, nor for any damages, losses, or expenses incurred by you or any third party arising from the use of, or reliance upon, the transcription output, especially in high-risk, legal, or critical applications where precise accuracy is paramount.

You further agree that EKHOS AI will not be held responsible for any loss of data or information, whether caused by transcription errors, failure to correct transcriptions, technical issues, or other service interruptions, and that you are solely responsible for backing up any data to prevent data loss.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Western Australia. For users outside of Australia, disputes shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) in Perth, Western Australia. The arbitration award shall be final and binding.

13. Modifications to the Agreement

EKHOS AI reserves the right to modify this Agreement at any time. Any changes will be communicated via the Software update or through email. Continued use of the Software constitutes acceptance of any modifications to this Agreement.

14. Revisions to Terms

EKHOS AI reserves the right to revise these Terms and any associated policies at its discretion. Updated Terms will be published on our website. If we believe a change will significantly impact your rights or the way you use our Services, we will provide advance notice through appropriate channels, such as email or software update notifications. By using the Services after the changes take effect, you confirm your acceptance of the revised Terms.

15. Service Adjustments

EKHOS AI may enhance, alter, or remove features from the Services as part of ongoing improvements, bug fixing or operational needs. We may also place limits on certain functionalities or discontinue the Services entirely.

16. Agreement Scope

These Terms, together with any referenced policies, form the complete agreement between you and EKHOS AI regarding the use of our Services. They replace all prior discussions, agreements, or representations about the Services. Any conflicting terms on external documents, such as purchase orders, will be void. In case of any inconsistencies, the English version of these Terms shall govern.

17. Contact Information

If you have any questions or concerns regarding this Agreement, please contact us at: support@ekhos.ai.

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