Welcome to Agiltext, a service provided by agiltext.com (“we”, “us”, or “our”). Agiltext offers an AI-powered transcription service and content generation tool designed specifically for marketers, sales teams, researchers and podcasters to help them create transcripts and content, and gather audio intelligence. The following Terms of Service (“Terms”) govern your access to and use of the Agiltext website, services and any related applications (collectively, the “Services”). Please read these Terms carefully. By using our Services, you agree to be bound by these Terms, as well as any additional terms and conditions applicable to specific Services, which are incorporated by reference. If you do not agree to these Terms, you may not use the Services. We reserve the right to modify or update these Terms at any time, and your continued use of the Services after such changes constitutes your acceptance of the new Terms. It is your responsibility to check these Terms periodically for updates or changes.

Acceptance of Terms‍.

By accessing or using Agiltext’s services (“Services”), users agree to be bound by these Terms of Service, as well as any additional terms and conditions applicable to specific services, which are incorporated by reference. Your acceptance implies that (1) as a user you have read, understand and agree to the terms herein, (2) you have the capacity to contract, (3) you undertake the obligations specified herein, (4) you are aware of the limitations of the service and/or product, and (5) these terms are linked to the privacy policy, which you also agree to.

Eligibility‍

Users must be at least 14 years of age to use the Services. By accessing or using the Services, users represent and warrant that they meet the eligibility requirements.

Account Registration and Security‍

To access certain features of the Services, users may be required to create an account. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. In addition, Users agree to enter their actual data, exonerating Agiltext in the event of the use of incorrect or false data.

Terms of Payment ‍

Some Services may require a paid feature. Users agree to pay all fees and charges associated with the use of the Services, including applicable taxes. Agiltext reserves the right to change its prices and payment terms at any time, with or without notice.

Where to find the price of services. The price of services (where applicable) will be as indicated on the order pages at the time you place your order. We make every effort to ensure that the price of the services we tell you is correct. However, to find out what happens if we discover an error in the price of the services you have ordered.

We will reflect changes in the VAT rate (where applicable). If the applicable VAT rate changes between the date of your order and the date we provide the services to you, we will inform you of the changes and, if you confirm that you wish to proceed with the services, we will adjust the VAT rate you pay and provide the services, unless you have already paid for the services in full before the change in VAT rate takes effect.

What happens if we get the price wrong. It is possible that, despite our best efforts, some of the services we offer may be incorrectly priced. We usually check prices before accepting your order, so if the correct price for the services on the date of your order is lower than the price shown on the same date, we will charge you the lower amount. If the correct price for the services on the date of your order is higher than the price we have quoted to you, we will contact you for your instructions before accepting your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a pricing error, we may terminate the contract and refund any sums you have paid.

Our right of set-off if you are a business customer. If you are a business customer, you must pay us all amounts owed to us under these Terms and Conditions in full without any set-off, counterclaim, deduction or withholding (other than any tax deduction or withholding required by law).

We may charge interest if you pay late. If you fail to make any payment to us when due, we may charge you interest on the overdue amount at a rate of 2% per annum above the then current Bank of Spain base lending rate. This interest will accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after a court judgment. You must pay interest to us along with any overdue amount.

What to do if you believe an invoice is incorrect. If you believe an invoice is incorrect, please contact us immediately to inform us. You will not have to pay interest until the dispute is resolved. Once resolved, we will charge you interest on the amounts correctly billed from the original due date.

Subscription Plans and Excess Fees‍

Users may choose from several subscription and one-time payment plans, which offer different levels of access to the Services. Users are responsible for selecting the appropriate plan for their needs and for paying any overage fees if they exceed the limits of their selected plan.

Free trial. If you are a new user, once you register on our site, you can use a free trial for the first time. After the free trial ends, you will be asked to enter your payment details and subscribe to services as detailed below. See https://www.agiltext.com/precios for more details on the free trial.

Pay-per-use. You can use our services on a pay-per-use basis, paying for each order or adding money to your account.

Subscription. You can subscribe to our monthly subscription or annual subscription, in which case payment is due in advance at the beginning of each month.

Rates. See https://www.agiltext.com/precios. We reserve the right to change the rates at any time. However, we will notify you in writing of any rate change, and such change will be effective upon your acceptance of the change at the beginning of the new subscription period.

Cancellation and Refunds ‍ Cancellation and Refunds

Users may cancel their subscription at any time. Cancellation will take effect at the end of the current billing cycle, and users will not be charged for subsequent billing cycles. Refunds for unused portions of the subscription period or prepaid credits may be issued at Agiltext’s sole discretion.

Intellectual Property Rights‍.

All content, features and functionality of the Services, including but not limited to text, graphics, logos, images and software, are the property of Agiltext or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users agree not to copy, modify, distribute, decompile, derive source code or create derivative works from the Services or any content provided on the Services without the express written permission of agiltext.com.

User Content‍

Users retain ownership of any content they submit, post or provide through the Services. By submitting content, users grant Agiltext a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the content in connection with the Services and Agiltext’s business.

User-generated content is not approved by us.

Our site may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The opinions expressed by other users on our site do not represent our opinions or values.

Prohibited Conduct‍ Prohibited Conduct‍

Users agree not to use the Services for any unlawful, fraudulent or unauthorized purpose, or in any manner that could damage, disable, overburden, or impair the Services.

We are not responsible for viruses and you should not introduce them.

We do not guarantee that our site will be secure or free of bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You must use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Termination‍ Termination‍

Agiltext may terminate or suspend a user’s access to the Services at any time for any reason, including, without limitation, breach of these Terms by the user. Upon termination, all rights and licenses granted to you under these Terms will immediately cease.

Liability disclaimers‍.

The Services are provided on an “as is” and “as available” basis without warranty of any kind, express or implied. Agiltext disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Agiltext does not warrant that the Services will be error-free, secure or uninterrupted.

The User who uses Agiltext’s Services guarantees that he/she has obtained the express consent of the persons participating in the dialogue, conversation or similar to be transcribed and has been informed of the terms and conditions of this Service. Agiltext disclaims any and all liability for Services provided for which it has not obtained the consent of the person(s) involved, for the content of the dialogue, conversation or similar and therefore for the transcription that may result from it. Agiltext shall not be liable for any use that may be made of the transcript by the user or any other person who may have accessed it on behalf of the user who has contracted the Services, without assessing whether such use is legitimate or illegitimate.

Limitation of Liability ‍Limitation of Liability‍.

In no event shall Agiltext or its affiliates, licensors or partners be liable for any direct, indirect, incidental, consequential or special damages arising out of or in connection with the use of or inability to use the Services, even if advised of the possibility of such damages.

Compensation‍ Indemnification

Users agree to indemnify, defend and hold harmless Agiltext and its affiliates, officers, directors, employees and agents from any claims, liabilities, losses or expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services or violation of these Terms.

Promotions and Discounts

We may offer promotions and discounts on our subscription service from time to time. These promotions and discounts may have limited availability and may be subject to additional terms and conditions.

Changes in Terms

We reserve the right to modify these Terms at any time, with or without notice. The most current version of these Terms can be reviewed by clicking on the “Terms of Use” link located on the Website. Your continued use of the Website following any modification of these Terms constitutes your acceptance of the modified Terms.

Complete Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Agiltext with respect to your use of the website and services, and supersede all prior or contemporaneous agreements or understandings, whether written or oral, relating to the same subject matter.

Contact Information

If users have any questions, comments or concerns regarding these Terms of Service or the Services, they may contact Agiltext by sending an email to support@agiltext.com.

Identification

Pursuant to the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSICE), the following information is provided:

Its trade name is _____AGILTEXT_____
Its company name is ____AGILTEXT BCN SL______
Its registered office is at __Avda. Diagonal, 449, 4º (08036-Barcelona)__

Applicable law and jurisdiction

These Terms of Use are governed by Spanish law. They are subject to the provisions of Law 7/1998, on General Contracting Conditions, Royal Legislative Decree 1/2007, on Consumers and Users, Royal Decree 1906/1999, which regulates Telephone or Electronic Contracting and Law 34/2002, on Information Society Services and Electronic Commerce, as well as other similar laws.

Pursuant to Article 29 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, contracts concluded electronically in which a consumer is a party shall be presumed to have been concluded in the place where the consumer has his or her habitual residence.

Electronic contracts between entrepreneurs or professionals and users shall be presumed to have been concluded in the place where the service provider is established. In case of dispute arising from these general conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction, to the courts and tribunals of the domicile of the User.