Terms of Service

Last updated: January 2025

1. Agreement to Terms

By accessing or using the TranscribeLM website or software (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Service Provider

The Service is provided by:

• Company Name: The Computational Engineer LTD
• Hong Kong Companies Registry: 3139832
• Operating As: TranscribeLM

3. Description of Service

TranscribeLM is a software application that provides transcription services with speaker diarization for audio recordings. The Service may be offered as a one-time purchase or other pricing models as determined by the Company.

4. User Responsibilities

You agree to:

• Use the Service only for lawful purposes
• Not upload content that infringes on intellectual property rights
• Not attempt to reverse engineer, decompile, or disassemble the software
• Maintain the security of your account and credentials
• Comply with all applicable laws and regulations

5. Lawful Use & Recording Compliance

You are solely responsible for ensuring that your use of TranscribeLM complies with all applicable laws, regulations, and third-party rights, including but not limited to laws governing the recording of conversations.

Recording laws vary by jurisdiction. Some jurisdictions require consent from all parties to a conversation before recording ("two-party consent" or "all-party consent"), while others only require consent from one party ("one-party consent"). You are responsible for understanding and complying with the laws applicable to your recordings before using TranscribeLM to process them.

TranscribeLM is a transcription tool that processes audio files you provide. We do not record any conversations on your behalf. You represent and warrant that:

• You have all necessary rights, permissions, and consents to record and process any audio files you submit to TranscribeLM
• Your use of TranscribeLM does not violate any applicable laws, including wiretapping, eavesdropping, or data protection laws
• You will not use TranscribeLM for any unlawful purpose

6. Disclaimer Regarding User Content

TranscribeLM does not monitor, review, or control the audio content you submit. We make no representations regarding the legality of your recordings or your right to process them. We disclaim all liability for any legal consequences arising from your recordings or your use of transcriptions generated by TranscribeLM.

7. Data Protection

When you submit audio containing personal data of third parties, you act as the data controller for that data. You are responsible for ensuring you have a lawful basis for processing such data and for complying with all applicable data protection laws, including the GDPR where applicable. TranscribeLM acts as a data processor only with respect to audio you submit.

8. Intellectual Property

The Service, including all software, designs, text, and graphics, is owned by The Computational Engineer LTD and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal or business purposes.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Transcription results will be 100% accurate
• Any errors in the software will be corrected

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Computational Engineer LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of profits, data, use, goodwill, or other intangible losses
• Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim
• If you have not paid anything, our maximum liability shall be limited to HKD 100

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

11. Indemnification

You agree to indemnify, defend, and hold harmless The Computational Engineer LTD, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law, including recording, wiretapping, or data protection laws
• Your violation of any third-party rights, including privacy rights
• Any audio content you submit to TranscribeLM

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without regard to conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Contact

For questions about these Terms, please contact us:

Email: legal@transcribelm.com