NovaNote Terms of Service

Last Updated: October 4, 2024

Welcome to NovaNote, an AI-powered audio transcription service provided by Alpha Computing, Inc. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of NovaNote (“Service”) via web and iOS platforms. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms, including any additional terms and policies referenced herein.

2. Eligibility

• Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction to use the Service.
• Authority: If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
• Compliance: You agree to comply with all applicable laws, regulations, and ordinances related to your use of the Service.

3. Account Registration and Security

• Account Creation: You must register for an account by providing accurate, current, and complete information.
• Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Notification of Breach: You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4. Description of Service

NovaNote provides AI-powered audio transcription services that convert audio files into text format. The Service supports various audio formats and is accessible via web and iOS applications.

• Service Availability: We strive to maintain the availability of the Service but do not guarantee uninterrupted access.
• Service Modifications: We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice.

5. User Conduct and Obligations

• Prohibited Activities: You agree not to:
  • Use the Service for any unlawful, harmful, or fraudulent purposes.
  • Upload or transmit any content that is illegal, defamatory, obscene, infringing, or otherwise objectionable.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Attempt to gain unauthorized access to any part of the Service or related systems.
• Content Responsibility: You are solely responsible for all content you upload, submit, or transmit through the Service. You represent and warrant that you have all necessary rights and permissions to use and share such content.

6. Intellectual Property Rights

• Ownership: All intellectual property rights in the Service, including but not limited to software, technology, and content (excluding User Content), are owned by Alpha Computing, Inc.
• User Content: You retain ownership of any content you upload or submit (“User Content”). By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process your User Content solely for the purpose of providing the Service.
• Feedback: Any feedback or suggestions you provide may be used by us without any obligation to you.

7. Privacy and Data Protection

• Privacy Policy: Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of your information as described.
• Data Protection Compliance: We comply with all applicable data protection laws, including HIPAA for protected health information (PHI) in the U.S. and the General Data Protection Regulation (GDPR) in Europe (excluding France).
• Data Processing Agreements: Where required, we have executed Data Processing Agreements (DPAs) with our subprocessors, including OpenAI, AWS, and Cloudflare.
• Security Measures: We implement industry-standard security measures to protect your data. However, no method of transmission over the internet is completely secure.

8. Payment Terms

• Fees and Charges: Access to certain features or services may require payment. All fees are disclosed at the time of purchase.
• Billing Information: You agree to provide accurate billing information and authorize us to charge your payment method for fees due.
• Subscription Services: Subscriptions automatically renew unless canceled prior to the renewal date.
• Refund Policy: Fees are non-refundable except as required by law or as otherwise specified.

9. Confidentiality

• Definition of Confidential Information: “Confidential Information” includes any non-public information disclosed by either party in connection with the Service.
• Obligations: Both parties agree to protect Confidential Information and use it solely for the purposes of the Service.
• Exclusions: Confidential Information does not include information that is publicly available or independently developed without reference to the Confidential Information.

10. HIPAA Compliance

• Protected Health Information: Some plans we offer include a HIPAA compliant architecture. If your plan covers HIPAA compliance, we comply with the Health Insurance Portability and Accountability Act (HIPAA) concerning the handling of PHI.
• Business Associate Agreement (BAA): We have executed BAAs with applicable entities and subprocessors.
• User Obligations: If you are a Covered Entity or Business Associate under HIPAA, you agree to obtain any necessary consents and authorizations from individuals before uploading PHI.

11. Limitation of Liability

To the maximum extent permitted by law, Alpha Computing, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or related to your use of the Service.

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the 12 months preceding the event giving rise to the liability.

12. Warranties and Disclaimers

• Disclaimer of Warranties: The Service is provided “as is” and “as available” without warranties of any kind, either express or implied.
• No Guarantee of Accuracy: While we strive for high transcription accuracy, we do not guarantee that the transcriptions will be error-free or meet your specific requirements.

13. Indemnification

You agree to indemnify, defend, and hold harmless Alpha Computing, Inc., its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses arising out of or connected with your:

• Use or misuse of the Service.
• Violation of these Terms.
• Violation of any rights of a third party, including intellectual property rights.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and the parties consent to the personal jurisdiction and venue therein.

15. Dispute Resolution

• Arbitration: Any disputes arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
• Exception: Either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
• Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive your right to participate in a class action lawsuit or class-wide arbitration.

16. International Use and Compliance

• Territorial Restrictions: The Service is available in the United States and Europe (excluding France). We make no representations that the Service is appropriate or available for use in other locations.
• Export Controls: You agree to comply with all applicable export and import laws and regulations.
• Data Transfer: By using the Service, you consent to the transfer of your data to the United States and other countries, which may have different data protection laws than your country of residence.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.

18. Severability

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

19. Entire Agreement

These Terms, along with the Privacy Policy and any additional agreements you may enter into with us, constitute the entire agreement between you and Alpha Computing, Inc. regarding the Service and supersede all prior agreements.

20. Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without consent.

21. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, riots, embargoes, governmental actions, or internet service provider failures.

22. Notices

• To You: We may provide notices to you via email, regular mail, or postings within the Service.
• To Us: Notices to us must be sent to the contact information provided below.

23. Third-Party Services

The Service may include integrations or links to third-party services. We are not responsible for the content, policies, or practices of third-party services, and you access them at your own risk.

24. User Feedback and Testimonials

Any testimonials or feedback you provide may be used by us for marketing purposes, provided we comply with applicable privacy laws.

25. Contact Information

If you have any questions or concerns about these Terms or the Service, please contact us at:

Alpha Computing, Inc.

Address:

Alpha Computing, Inc.

c/o United States Corporation Agents, Inc.

651 N. Broad Street, Suite 201

Middletown, DE 19709

Email: [email protected]

Acknowledgment

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.