Last updated: 04 November 2024Welcome to the tems.ai mobile application (the “App”), owned and operated by tems.ai
(“we,” “us,” or “our”). By accessing or using this App, you agree to these Terms and Conditions (“Terms”). Please read them carefully.
1. Acceptance of Terms
By accessing or using this App, you agree to be bound by these Terms, our Privacy Policy, and all other applicable terms. If you do not agree, please do not use the App.
2. Use of the App
The App is intended to facilitate video, audio, and image uploads to a secure cloud environment for processing and analysis. You may use the App to store media files, which may be analyzed using external APIs for purposes such as transcription, timestamping, and related analysis features. You agree to use the App only for lawful purposes and in accordance with these Terms.
3. Account Registration
To use certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep this information updated. You are responsible for safeguarding your account and for any actions under your account.
4. Prohibited Uses and Misuses
You agree not to misuse the App or any features within it. Prohibited uses include, but are not limited to:
- Illegal Activities: Using the App for any unlawful activities, including activities prohibited under Dutch law.
- Prohibited Content: Uploading, sharing, or creating content that is pornographic, sexually explicit, or otherwise indecent, or content that promotes or incites violence, hatred, discrimination, or illegal activities.
- Instructions for Prohibited Activities: Creating, sharing, or distributing instructions, guides, or methods for engaging in illegal activities, including but not limited to instructions for weapon-making, drug production, hacking, or other activities deemed illegal or dangerous.
- Strictly Confidential or Classified Content: Uploading or sharing content that is strictly confidential, constitutes state secrets, or contains classified information. Users are strictly prohibited from uploading any sensitive or confidential information that could impact national security or disclose government secrets.
- Military or Intelligence Use: This App and its services may not be used by any military or intelligence agencies of any country or by individuals acting on behalf of such agencies. Any use of the App for military or intelligence purposes is expressly prohibited.
- Unauthorized Access and Hacking: Attempting to gain unauthorized access to the App’s systems, user accounts, or third-party services integrated within the App.
- Infringement of Intellectual Property: Uploading, sharing, or otherwise disseminating content that violates third-party intellectual property rights.
- Distribution of Harmful Content: Uploading or transmitting content that contains viruses, malware, or other harmful code.
- Impersonation or Misrepresentation: Creating accounts or submitting information under a false identity or on behalf of others without authorization.
- Automated Access: Using any automated means, including scripts, bots, or crawlers, to access the App or collect information without explicit permission.
- Violation of Privacy Rights: Uploading or sharing personal data without consent, particularly data that may infringe on the privacy rights of individuals under the Dutch General Data Protection Regulation (AVG or GDPR).
5. Data and Content Storage
By using the App, you consent to the storage of your media files (video, audio, images) in the cloud. We use third-party service providers to store and analyze data securely. You understand that external APIs, as well as Google Analytics, may be used for the analysis of your media files, and while we take measures to protect your data, we do not guarantee absolute security from unauthorized access.
6. Intellectual Property
All content, features, and functionality within the App (including but not limited to software, images, text, and graphics) are owned by [Your Company Name] and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or otherwise exploit the content without our permission.
7. User-Generated Content
By uploading media to the App, you represent and warrant that you have the necessary rights to upload this content and that it does not infringe on any third-party rights. You retain ownership of your content, but by uploading, you grant us a non-exclusive, worldwide, royalty-free license to process, analyze, and display the content for the purposes outlined in the App’s functionality. Additionally, we may use user-generated content, in an anonymized and aggregated form, to improve our services.
8. Responsibility for Published Content
We are not responsible for any content published, shared, or distributed by users of the App. Users are solely responsible for the legality, accuracy, and appropriateness of the content they upload and share through the App. Any content that is made public or shared outside of the App is the responsibility of the user, and we disclaim any liability for consequences resulting from such actions.
9. Privacy and Data Protection
Our collection, use, and disclosure of personal data are governed by our Privacy Policy. By using the App, you agree that we can collect and process your personal data, including data from your media files, as outlined in the Privacy Policy. The App uses Google Analytics to gather data on user interactions, which we may use to improve the App’s performance and user experience.
We comply with the General Data Protection Regulation (GDPR) and Dutch privacy laws. You have rights regarding your personal data, including the right to access, correct, or request deletion. For further information, see our Privacy Policy.
10. External APIs and Analytics
The App may use external APIs to perform tasks such as transcription, timestamping, and other media analyses, as well as Google Analytics to gather insights on app usage. We are not liable for any issues that may arise from the use of these external APIs or analytics tools, including but not limited to delays, inaccuracies, or data loss.
11. Disclaimer of Responsibility for Generated Instructions
The App may generate instructions, recommendations, or other information based on your media files. While we strive for accuracy, we make no guarantees regarding the completeness, reliability, or accuracy of any generated instructions. You acknowledge that any actions taken based on such instructions are at your own risk, and we are not responsible for any errors, omissions, or consequences arising from reliance on this information.
12. Limitation of Liability
To the fullest extent permitted by Dutch law, we are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the App or any errors, omissions, or interruptions in service. This includes, but is not limited to, issues arising from:
- Technical malfunctions
- Unauthorized access to your data
- Delays, inaccuracies, or data loss due to external APIs or third-party services
13. Compliance with Dutch Law
These Terms are governed by the laws of the Netherlands, and any disputes will be resolved under Dutch jurisdiction. Users must comply with all applicable laws and regulations when using the App, including GDPR/AVG, Dutch Copyright Act, Telecommunications Act, and any other applicable legislation.
14. Modifications to Terms
We reserve the right to modify or replace these Terms at any time. You should check these Terms periodically. Your continued use of the App after any modifications constitutes acceptance of the new Terms.
15. Governing Law and Dispute Resolution
These Terms and any disputes arising from them are governed by the laws of the Netherlands. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts in [Your Jurisdiction within the Netherlands].
16. Contact Information
For questions regarding these Terms, please contact us at terms@tems.ai