Introduction
Welcome to our askInput. We are excited to provide you with access to this platform and its features. Our Terms of Service are designed to help ensure that you have a safe and secure experience while using our service. Please take the time to read and understand the following terms and conditions so that you are aware of your rights and obligations when using our service. Thank you for choosing askInput.
Definition of Terms
These Terms of Service (“Terms”) govern access to and use of the Services made available by askInput. By using our Services, 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. By accessing or using the Website, you agree to be bound by these Terms, as well as the Website’s Privacy Policy, which is incorporated into these Terms by reference.
1. Service Description/Use of the service
You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
1.1 Registration. askInput allows users to send questions for people to respond with their voice and text. Upon registration, a user must create a new login with either a personal email address or an email address of the organisation they work for. If a user creates a new login on behalf of themselves, the user is the customer. If a user creates a login on behalf of an organisation (such as the user’s employer), the organisation is the customer. All the customers, Administrators, and authorised Users must comply with these Terms.
1.2 Access. During the Subscription Term, the customers may access and use, and may allow Authorized Users to access and use the Services for its business purposes in accordance with these Terms.
1.3 Software. As a part of our Services, askInput may offer Software that can be accessed by our customers. In accordance with the terms mentioned herein, askInput provides a restricted, non-transferable, non-exclusive, non-sublicensable license to the customer and its authorised Users to download and utilise the Software to the extent that it is required to use the Services. The Software may be updated automatically, and in case it contains any open source software component, the open source license applicable to that software component will govern it.
1.4 Restrictions. By using askInput, you agree to the following terms:
- You are responsible for the accuracy of the questions you submit to askInput.
- You will not use askInput for any unlawful, infringing, or deceptive purpose.
- You will not access or use the askInput if you are under the age of 13.
- You will not use askInput for any commercial purposes or for any purpose other than your own personal or business use.
- You will not use askInput for any purpose that may be deemed offensive, including but not limited to, hate speech, or any other type of speech or material that may be deemed offensive by the Website Owner.
- You will not attempt to modify, adapt, translate, sell, reverse engineer, decompile, or disassemble askInput.
- You will not attempt to access any non-public areas of askInput.
- You understand that askInput is provided “as is” and that the Website Owner is not responsible for any loss or damage that may result from your use of the tool.
- You will not misuse our Services, including any violation of our Terms, UK laws or international laws. It is strictly prohibited to use data mining, robots, or any similar data gathering and extraction tools, or to frame any part of our Services without obtaining prior permission from us. As a Customer, you are obligated to prevent and terminate any unauthorised or illegal use of your account or access to our Services by any authorised User. Furthermore, we request that you promptly notify us of any such unauthorised or illegal activity.
1.5 Corporate Domains. In the event that a user creates a Workspace using an email address affiliated with their employer or organisation, their account may be added to the corresponding Workspace. In such cases, askInput will notify the user or Administrator of the account to facilitate the transfer of their account. The Workspace Administrator will have the authority to manage the account, including but not limited to accessing, modifying or deleting information, altering user roles, and restricting access to the account. By using the Service, customers and authorised Users agree to comply with their organisation's terms and policies governing the use of the Service.
2. Customer responsibilities
2.1 authorised Users. the customer is responsible for authorised Users’ use of the Services and their compliance with these Terms. the customer will ensure that all users that have access to an account are over the age of 13 or the applicable age of digital consent, whichever is older.
2.2 customer Data. The customer is responsible for ensuring all the customer data and any other content or information provided to askInput or uploaded, posted, recorded, or transmitted to the Services complies with these Terms. If any customer Data violates these terms, askInput may ask the customer to remove the customer Data so it is no longer in violation, or askInput may, but is not obligated to, remove the customer Data or take action as needed to resolve the issue.
2.3 Third-Party Apps. Third-Party Apps are subject to their own terms and privacy policies. the customer is responsible for reviewing those terms and policies before using Third-Party Apps. askInput is not responsible for Third-Party Apps and does not warrant or support them. By enabling a Third-Party App that uses or accesses the customer Data, the customer authorizes the transfer of that data to the Third-Party App and, if applicable, will ensure that there is a legally valid data transfer mechanism for the transfer or onward transfer, in accordance with all applicable privacy and data protection laws.
2.4 Prohibited Content. the customer will not and will ensure Authorized Users do not upload, post, record, or transmit any harmful, offensive, unlawful, or otherwise objectionable content to askInput or the Services, 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 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.
3. User Data/Data Protection
3.1 Processing of the customer Data. askInput will only process and use the customer Data: (a) to provide, protect, and update the Services, (b) to enforce these Terms and exercise its rights hereunder, (c) as required by law, and (d) as otherwise instructed by the customer. askInput may collect and use the customer Data on an aggregated and/or anonymized basis for askInput’s internal business purposes; provided that askInput will not use or share this data in a way that identifies any individual or the customer as the source of the data.
3.2 Data Processing Addendum. askInput will process Personal Data in accordance with these Terms.
3.3 Security. askInput will maintain an industry-standard information security program that consists of technical and organisational safeguards designed to protect the customer Data. Notwithstanding the foregoing, the customer is responsible for maintaining the security and confidentiality of Administrator and authorised User accounts, including account credentials such as usernames and passwords.
3.4 Subcontractors. askInput may hire subcontractors to assist in providing the Services, provided that: (a) subcontractors who receive the customer Data will be subject to confidentiality obligations no less protective than those in these Terms; (b) askInput will remain responsible for its obligations under these Terms and for subcontractors’ use of the customer Data; and (c) askInput will govern any subprocessing of personal data.
4. Payment Terms
4.1 Fees. the customer agrees to pay the Fees in accordance with the payment terms set forth on the Order. the customer is responsible for paying applicable Taxes.
4.2 Renewals. In the absence of any mention of the contrary in an Order, every Subscription Term shall be subject to automatic renewal, provided the customer does not cancel their subscription at least 10 days before the renewal. The customer hereby grants askInput the authority to charge their credit card on record or invoice them for every renewal until the subscription is cancelled by the customer.
4.3 Downgrades. In the event that the customer fails to pay the Fees within the stipulated timeline, askInput reserves the right to downgrade the customer to a free plan, after providing reasonable notice to the customer. However, it should be noted that upon downgrading, the customer may lose access to certain features or functionalities, but these Terms shall continue to be in force.
4.4 Price Changes. If askInput increases its pricing, askInput will provide at least 30 days’ prior notice, and the new pricing will go into effect on renewal. If the customer does not terminate its subscription before renewal, the customer authorises askInput to collect payment for the increased pricing.
5. Confidentiality
5.1 Use. If the parties disclose Confidential Information to each other, the recipient will only use the disclosing party's Confidential Information to exercise its rights and fulfill its obligations under these Terms. The recipient will use at least reasonable care to protect Confidential Information.
5.2 Nondisclosure. The recipient will not disclose Confidential Information to anyone except to its affiliates, employees, agents, or contractors who need to know it and who are bound by confidentiality obligations at least as protective of Confidential Information as those described in this section. The recipient will be responsible for those parties’ breach of this section. A breach of this section may cause irreparable harm and entitle the disclosing party to injunctive relief.
5.3 Required Disclosure. The recipient may disclose Confidential Information to the extent required by law, provided that the recipient uses reasonable efforts to notify the disclosing party in advance and gives them an opportunity to contest the disclosure. Confidential Information disclosed pursuant to this section will otherwise still be subject to the confidentiality obligations described above.
6. Termination of Service
6.1 These Terms will continue in effect until terminated as described below: the customer cancellation: the the customer may terminate these Terms at any time by deleting the the customer’s account
6.2 askInput cancellation: if any of the terms are breached during use, either party may terminate within 30 days notice.
Upon termination, askInput may delete all the customer Data within a commercially reasonable period of time, and each party will return or delete any other Confidential Information in its possession.
Suspension: askInput may suspend the customer’s access to the Services: (a) if required by law, (b) to prevent injury, death, or a credible risk of harm to askInput, the Services, or its users, or (c) for repeated violations of our terms and policies, including our Copyright Policy. If it’s an option, askInput will make every effort to contact the customer and give the customer the opportunity to resolve the issue prior to suspension.
7. Liability Disclaimer
askInput is not liable for any damages or losses that may arise from the use of its services. The company is not responsible for any errors, omissions, or misrepresentations regarding any information or services provided. Additionally, the company does not guarantee the accuracy, completeness, timeliness, or fitness for a particular purpose of any service or information provided. Finally, the company is not liable for any loss or damage, direct or indirect, arising from the use of any service or information provided.
8. Legal Process
If askInput receives a request from law enforcement, or any other third party, to deliver data or information concerning the customers, askInput will adhere to valid Legal Process as required by law. Unless legally prohibited, or notification would jeopardize the safety of someone, askInput will inform the customer of the request.
9. Warranty and Disclaimer
9.1 Limited Warranty. If the customer believes that the Services are not performing materially in accordance with askInput’s Documentation, they must notify askInput within 10 days of the alleged breach. The customer's remedies for breach of this warranty are outlined in the termination of service section.
9.2 Disclaimer. Except for any warranties explicitly stated in this section, askInput does not provide any guarantees with regards to the Services, Documentation, or Software. askInput does not make any guarantees to the availability or uptime of the Service. As allowed by law, askInput explicitly disclaims any implied warranties such as merchantability, title, fitness for a particular purpose, and non-infringement. askInput is not liable for any harm caused by third party content, information, or materials posted to the services, as well as any issues caused by the use of the internet and electronic communications, such as internet congestion, virus attacks, and denial of service attacks.
9.3 Beta Services. The customer may opt to utilize Beta Services at their own discretion. It should be noted, however, that Beta Services: (a) may be unsupported and may be modified or withdrawn at any time; (b) may not be as dependable or available as the Services; (c) have not been exposed to the same security or compliance tests as the Services; (d) are askInput’s Confidential Information; and (e) ARE SUPPLIED “AS IS” WITHOUT ANY WARRANTY, INDEMNITY, OR SUPPORT AND ASKINPUT’S RESPONSIBILITY FOR BETA SERVICES WILL NOT EXCEED FIFTY DOLLARS.
10. Intellectual property rights
10.1 Ownership. These Terms do not grant any rights to any intellectual property, unless stated explicitly. All intellectual property rights in the customer Data are owned solely by the customer, and all intellectual property rights in the Services are owned solely by askInput.
10.2 License. The the customer gives askInput permission to access, use, process, copy, change, share, showcase, and export the customer Data only to provide the Services or as stated in these Terms. the customer guarantees that they have obtained all necessary licenses to give the above permission.
10.3 Feedback. If the customers provide Feedback to us, askInput may use it without restriction or obligation.
11. Miscellaneous
11.1 Entire Agreement. These Terms are the sole agreement between the parties regarding access and use of the Services and supersede any prior agreements or understandings. Should there be a conflict between the terms of the Order and these Terms, the terms of the Order will take precedence. In order for any amendments to be valid, they must be in writing and signed by both parties. Any other terms or conditions in the customer documents and online vendor portals will not apply to askInput’s provision of the Services to the customer, unless agreed to in writing by an authorized askInput representative.
11.2 Modifications. askInput may update these Terms by posting the updates to the askInput website. If an update materially impacts the customer’s or its Authorized Users’ rights or obligations, askInput will provide at least 30 days’ notice before the updated Terms go into effect. Any other revisions will become effective on the date the updated Terms are posted by askInput. Continued use of or access to the Services after the updated Terms go into effect will constitute acceptance of those Terms.
11.3 Publicity. With written approval from the customer, askInput may include the customer’s name and logo on its website or in other marketing materials or channels solely to reference the customer as an askInput customer, and subject to any trademark usage guidelines provided to askInput. The customer may revoke its approval at any time.
11.4 Waiver and Severance. If a breach of a term or condition has been excused, this does not mean that any future breaches of the same or other terms and conditions are also excused. Any clauses that are not legally enforceable will be altered in order to reflect the original intention of the parties, but only as far as is necessary to make them enforceable. All other provisions will remain in effect.
Notices. Notices must be sent via first class post or overnight courier and are deemed given when received. Notices to the customer may also be sent to the applicable Administrator account email address and are deemed given when sent. Notices to askInput must be sent to Only Way Online Ltd, 22 Wenlock Rd, London N1 7GU, with a copy tohello@askinput.com.
11.5 Assignment. These Terms may not be assigned without the prior written consent of the other party. However, askInput may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any other attempt at transfer or assignment will be considered invalid.
11.6 Governing Law. These terms will be governed by the laws of the United Kingdom.
11.7 Force Majeure. No party shall be held liable for inadequate performance, excluding payment obligations, if said inadequate performance was caused by a condition that was outside of the said party's reasonable control, examples of which include natural disaster, terrorism, governmental action, or Internet disturbance.
11.8 Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship between the parties.
11.9 Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
12. Modifications
The Website Owner reserves the right to modify the Terms or any other aspect of the Website at any time. Any changes to the Terms will be posted on the Website and will become effective immediately. Your continued use of the Website following such changes constitutes your acceptance of the new Terms.
Definitions
“Customer” means the individual or organization agreeing to these Terms
“Customer Data” means all audio, or transcription data or information submitted or uploaded to the Services by or collected, stored, or processed by askInput on behalf of Customer
“Beta Service” means early access trials or releases of new features or services identified as “alpha,” “beta,” “preview,” “early access,” “evaluation,” or other words or phrases with similar meanings.
“Confidential Information” means information exchanged by the parties that would reasonably be understood to be confidential given the nature of the information and manner of disclosure, including business, product, technology, and marketing information, Orders, discounts, non-public payment terms, audit reports, and Customer Data. Confidential Information does not include information that (a) is or becomes publicly known through lawful means; (b) was known to the recipient prior to disclosure without confidentiality obligations; (c) is received from a third party without breach of confidentiality obligations; or (d) was independently developed by the recipient without use of or access to any Confidential Information.
“Documentation” means any documentation or materials provided to Customer as part of the Services.
“Feedback” means any feedback or suggestions about the Services
“Fees” means the fees for the Services displayed on the Order, plus any applicable Taxes.
“Personal Data” means personal data or personal information contained within Customer Data
“Services” means askInput’s voice messaging tool and website, including the Software, Documentation, tools, and services ordered by or provided to the customer in connection with the Services.
Any questions?
Email us questions at hello@askinput.com.
