Welcome, and thanks for signing up for Software Services operated by 313 Software, LLC, dba “TruScribe.” The user agreement explains the broad terms of using any TruScribe Software Services. Individual Software Services may also have their own specific Terms and Conditions agreements. When you use our Software Services (defined in Section 1) you're agreeing to our terms, so please take a few minutes to read over the terms below.
This is a legally binding agreement.
Last revised on May 30, 2017
We provide Software as a service, apps, mobile apps, SaaS network and online platforms and other related services (the “Services” or “Software Services”).
Our mission is to provide our customers with tools and assets to break down boundaries of language, culture and understanding in human communication allowing them to be more productive and successful.
When you use our Software Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by registering, accessing or using our Software Services, you personally or the Company or Entity you represent or work for are entering into a legally binding agreement. Your agreement is with 313 Software, LLC or “we” or “TruScribe.”).
This “Agreement” includes this User Agreement and the Terms and Conditions of the particular Software Service you are using and other terms that may be displayed to you at the time you first use certain features. If you do not agree to this Agreement, do NOT access or otherwise use any of our Software Services.
Registered users of our Software Services are “Users” or “Subscribers” and unregistered users are “Guests”. This Agreement applies to both.
2.1. Service Eligibility
You agree that you are eligible to enter into this Agreement and you are at least the “Minimum Age.”
To use the Software Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) your account will be in your real name or the Company or Entity name that you represent or work for; and (3) you are not already restricted by TruScribe from using the Services.
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for TruScribe to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
2.2. Your Membership
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow all applicable laws and all of the terms of this Agreement. You are responsible for anything that happens through your account unless you close it or report misuse.
Note that for Premium Software Services purchased by another party for you to use (e.g. artist time bought by your employer), the party paying for the Premium Software Service controls such an account (which is different from your personal account) and we will follow the instructions of the account holder who has the right to terminate your access to the account.
You'll honor your payment obligations. When you purchase services online, you will be using a PCI compliant service so TruScribe will not directly have access to your credit card data. Also, there may be fees and taxes that are added to our prices.
If there were taxes that should have been collected, you are responsible for the payment of all such taxes, whether to TruScribe or to the taxing authority.
We do not guarantee refunds. Any refund will be at the sole discretion of TruScribe and its decisions shall be final.
If you purchase any of our paid Software Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your subscription. Also:
You can get a copy of your invoice by contacting us by email at Support@TruScribe.com.
2.4. Notices and Service Messages
You're okay with us using our Software, apps, web apps, websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Software Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
Please review your Software Service settings to control and limit what kind of messages you receive from us.
2.5. Messages and Sharing
When you share information, videos, or glyphs with us or others you do so under the terms and conditions of this Agreement and the Terms and Conditions of the specific Software Service.
3. Rights and Limits
3.1. Your License to TruScribe Software Services
You promise to only provide information and content that you have the right to share, and that your TruScribe Software Service profile(s) will be truthful.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TruScribe as a result of this agreement or use of the Site. TruScribe's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TruScribe's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by TruScribe with respect to such use.
See the TERMS AND CONDITIONS of your specific Software Service for your rights under that Software Service (if there is a TERMS AND CONDITIONS for your specific Software Service).
By submitting suggestions or other feedback regarding our Software Services to TruScribe, you agree that TruScribe can use and share (but does not have to) such feedback for any purpose without compensation to you. Any intellectual property from such suggestions or feedback shall be the property of TruScribe and you will have no rights to such intellectual property.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. TruScribe may be required by law to remove certain information or content in certain countries.
3.2. Software Service Availability
We may change or discontinue any of our Software Services. In this case, we will keep your information for a period of time permitted by law.
We may change, suspend or end any Software Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3. Other Content, Sites and apps
When you see or use others' content and information posted on our Software Services, it's at your own risk.
Third parties may offer their own intellectual property through TruScribe, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. TruScribe generally does not review content provided by our Users or Guests. You agree that we are not responsible for third parties' (including other Users or Guests') content or information or for any damages as result of your use of or reliance on it.
We have the right to limit how you connect and interact on our Software Services.
We're providing you notice about our intellectual property rights.
TruScribe reserves the right to limit your use of the Software Services, including the number of your connections and your ability to contact other Users and Guests. TruScribe reserves the right to restrict, suspend, or terminate your account if TruScribe believes that you may be in breach of this Agreement or law or are misusing the Software Services or taking such actions that in the sole opinion of TruScribe are inappropriate, offensive or otherwise unacceptable to us (e.g. violating any Do and Don'ts).
TruScribe reserves all of its intellectual property rights in the Software Services. For example, 313 Software, LLC., TruScribe, TruScribe App, TruScribe Software, TruScribe Whiteboard Animation Software, Scribology, TruGlyph (stylized), TruGlyph App, the TruScribe and TruGlyph and “T” logos and other TruScribe trademarks, service marks, graphics, and logos used in connection with TruScribe are trademarks or registered trademarks of 313 Software, LLC. Other trademarks and logos used in connection with the Software Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Software Services.
TO THE EXTENT ALLOWED UNDER LAW, TRUSCRIBE (AND THOSE THAT TRUSCRIBE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TRUSCRIBE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), TRUSCRIBE (AND THOSE THAT TRUSCRIBE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF TRUSCRIBE (AND THOSE THAT TRUSCRIBE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRUSCRIBE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TRUSCRIBE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
TruScribe or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Software Services. The following shall survive termination:
You can email support to learn how to close your account.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Minnesota courts, applying Minnesota law.
You agree that the laws of the State of Minnesota, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Hennepin County, Minnesota, USA, and we each agree to personal jurisdiction in those courts.
Any litigation under this Universal Software Services User Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
7. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and TruScribe agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms and conditions that may be provided by us when you engage with a specific Software Service) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that TruScribe has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Software Services) to anyone without our consent. However, you agree that TruScribe may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. TruScribe “DOs” and “DON’Ts.”
8.1. Dos. You agree that you will:
8.2. Don'ts. You agree that you will not:
9. Digital Millennium Copyright Act
10. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Users and Guests. You can reach us at firstname.lastname@example.org or in writing at TruScribe, 275 Market Street, Suite 529, Minneapolis, MN 55405 attn: Chief Technology & Implementations Officer.