Terms and Conditions
Terms and Conditions Zoi Meet
GDPR compliance, global compliance and general terms and conditions
Acceptance of Agreement
These Terms govern your access and use of the Services offered by Zoi Meet and any information displayed on the Platform. By using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and Zoi Meet. You represent that you are legally able to accept these Terms, and affirm that you are of legal age to form a binding contract. Zoi Meet’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement. The Services are not intended for and should not be used by anyone under the age of 13. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement.
The terms “you,” “your,” “yourself” shall also include your employees, agents, business representatives and any other individuals that you provide access to the Services through your Account (as defined below). You are responsible for ensuring that all persons who access the Services through your account are aware of these Terms and comply with them.
Zoi Meet reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Use of the Services
Our Services uses automatic speech recognition technology and machine translation to convert voice into text in multiple languages. Among other things, Zoi Meet technology makes voice conversations searchable, retrievable and analyzable. The service also enables you to share conversations and associated transcripts with others.
We will make the Services available to you. You are responsible for making all arrangements necessary for you to have access to the Services, including high-speed internet.
Rules of Conduct
There are rules of conduct that you must follow when you use the Services. You must not:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
- Infringe upon or violate Zoi Meet’s intellectual property rights or the intellectual property rights of others;
- Collect information from the Platform using an automated software tool or manually collect information on repetitive mass basis (unless we have given you separate written permission to do so);
- Use output from the Platform to conduct machine learning or other similar activity in the area of transcription and translation automation (unless we have given you separate written permission to do so);
- Use automated methods to access the Platform, or gain unauthorized access to the Platform or to any account or computer system connected to the Platform;
- Obtain, or attempt to obtain, unauthorized access to areas of the Platform or our systems;
- Overload the Platform intentionally with requests or use the Services in any manner that could disable, overburden, damage, or impair the Platform;
- Circumvent or reverse engineer the Platform or its systems;
- Manipulate or disguise the origin of any information posted on the Platform or otherwise provided to us or our employees;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Spam, phish, pharm, pretext, spider, crawl, or scrape
- Impersonate or attempt to impersonate Zoi Meet, a Zoi Meet employee, another user, or any other person or entity;
- Engage in any other conduct that interfere with anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Zoi Meet or users of the Services or expose them to liability.
You and others that you record are solely responsible for any content that becomes part of the Customer Data (as defined below). If you record through or upload to the Platform materials, recordings, videos, pictures, or files (“Customer Data”), you affirm, represent, and warrant that any processing of such Customer Data by Zoi Meet will not violate any applicable laws or regulations, and that such content shall not, and you will not upload, transmit, or contribute anything that:
- Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promotes sexually explicit pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Divulges another person’s or entity’s confidential or private information;
- Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
- Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Contains any virus, malware, spyware or other harmful content or code, or materials that otherwise violate this Agreement.
The Services provide a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. It may be an offense in your jurisdiction to record other individuals without their prior written or verbal consent. It is your responsibility to follow applicable foreign, federal and local laws when using such feature, including informing the participants in your meetings that the discussion is being recorded. We absolutely do not condone the use of our Services for illegal purposes.
The use of the Services is done at your own discretion and risk and with the agreement that you will be solely responsible for Customer Data and the consequences of recording, submitting and publishing Customer Data on or through the Services.
Monitoring and Enforcement
We may review conduct for compliance purposes. We are not responsible for the content of any of your materials, recordings, videos, pictures, data, information, content, or files (“Customer Data”) or the way you choose to store or process any Customer Data on the Platform.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms. We have the right to:
- Remove any Customer Data;
- Take any action with respect to any Customer Data that we deem necessary or appropriate in our sole discretion, including if we believe that such Customer Data violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for Zoi Meet;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; or
- Terminate or suspend your access to all or part of the Services for any reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS ZOI MEET AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any material before it is uploaded to or posted on the Platform, and cannot ensure prompt removal of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Zoi Meet materials
- The Services, including the Platform and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Zoi Meet, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Zoi Meet, its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Services. You must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform or the Services unless explicitly authorized in these Terms or by the owner(s) of the materials.
- We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license to use the Services in accordance with this Agreement and its intended purposes only. Except for allowing you to use the Services as set forth herein, you are not receiving any other license or any other rights, including intellectual property or other proprietary rights of Zoi Meet. You understand that you have no rights to the Platform or Services or any other Zoi Meet property except as indicated in these Terms. All of our rights not expressly granted by this license are hereby retained.
- Customer retains all ownership rights in Customer Data. However, by transmitting, uploading or posting Customer Data on or through the Services, you hereby grant Zoi Meet a worldwide, non-exclusive, royalty-free, license to access, process, copy, export, and display Customer Data, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; © as required by law; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data as may be necessary to grant this license.
We always appreciate your feedback or other suggestions about the Services. If you send us any feedback or suggestions regarding the Services, we may or may not use it. Customer grants us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer.
Registration and Account Security
To use certain features or areas of the Services, you will be required to provide personal and/or demographic information as part of a registration or login process and to create an account (“Account”). In addition, certain features of the Services are only available to our registered users, and to access those areas of the Services you will be required to log in using your username and password. In connection with such registration, Zoi Meet may refuse to grant you, and you may not use, a username (or email address) or screen name that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, that is offensive, or that Zoi Meet rejects for any other reason in its sole discretion.
If you choose, or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your password or Account information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
During the beta test, no payment is required, and as such no payment information is collected.
Term and Termination
You may stop using our Services at any time. We may terminate or suspend your access to or ability to use any and all Services at any time, without prior notice or liability, for any reason or no reason. In particular, Zoi Meet may immediately terminate or suspend your Account if you are in breach of these Terms or if your Account has been flagged for copyright infringement. Upon termination, we will refund you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Zoi Meet or any third party.
YOUR USE OF THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN IS AT YOUR OWN RISK. THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZOI MEET NOR ANY PERSON ASSOCIATED WITH ZOI MEET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ZOI MEET NOR ANYONE ASSOCIATED WITH ZOI MEET REPRESENTS OR WARRANTS THAT THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, ZOI MEET HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
ZOI MEET MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. ZOI MEET ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. ZOI MEET DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY CUSTOMER DATA, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. YOU AGREE THAT ZOI MEET HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ZOI MEET, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE PLATFORM, OR ANY CONTENT OR PRODUCTS THEREIN, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL ZOI MEET’S TOTAL LIABILITY FOR ALL DAMAGES UNDER THIS AGREEMENT EXCEED THE LESSER OF (I)THE AGGREGATED AMOUNTS YOU PAID TO ZOI MEET DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE CLAIM, OR (II) $1,000.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Zoi Meet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Customer Data, any use of the Platform content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
If you believe that any content uploaded or posted to, or otherwise made available on the Services infringes upon any copyright which you own or control, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Sec. 512©(3) for further detail):
Identification in sufficient detail of the copyrighted work or intellectual property claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the URL or other specific location that contains the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. You must provide us with reasonably sufficient information to locate the alleged infringing material;
A physical or electronic signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please include your name, mailing address, telephone number, email address, and direct your notification to our Designated Agent by email at email@example.com or by regular mail at:
Zoi Meet BV
Attn: Copyright Notices
Stationsplein 45 Unit A4.004
3013AK Rotterdam, The Netherlands
Please note that filling a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly materially misrepresents that a product or content is infringing the copyrights of others could be liable for damages pursuant to applicable laws.
Upon receiving a proper notification of alleged copyright infringement as described above, we may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also may advise the alleged infringer of the DMCA statutory counter notification procedure, by which the alleged infringer may respond to your claim and request that we restore the material.
Survival. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification.
No Waiver; Severability. No waiver of by Zoi Meet of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Governing Law and Jurisdiction. All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, the Services and these Terms shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Entire Agreement. These Terms, together with our Privacy Notice, shall constitute the entire agreement between you and Zoi Meet concerning the Services.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or at the following mailing address:
Zoi Meet BV
Stationsplein 45 Unit A4.004
3013AK Rotterdam, The Netherlands
Zoi Meet BV collects and uses your personal data exclusively within the framework of the provisions of the General Data Protection Regulation. In the following, we inform you about the type, scope, and purposes of the collection and use of personal data. You can access this information at any time on our website, www.zoimeet.com.
- Data controller/Contact
The data controller responsible for data processing within the meaning of the General Data Protection Regulation, other data protection laws in force in the Member States of the European Union, and other provisions of a data protection nature is:
Zoi Meet BV
Stationsplein 45 Unit A4.004
3013AK Rotterdam, The Netherlands
Please feel free to address any questions or concerns regarding data protection or privacy to email@example.com.
- Scope of data protection
Data protection concerns personal data as defined in the General Data Protection Regulation, i.e. all information relating to an identified or identifiable natural person. Identifiable is any natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier, or one or more special characteristics. Usage data is data required to use our website; this data includes the start, end, and extent of the user’s website use.
- Automatic data collection via website access
When you access our website, your device automatically transmits certain data for technical reasons. The following data is stored separately from any other data you may transmit to us:
- Date and time of access
- Browser type and version
- Browser preferred language
- Device screensize
- Operating system
- URL of the website visited prior to ours
- Amount of data sent
- User interface pattern
- Requesting domain
- Notification of successful data retrieval
- Search term when using a web browser
- Shortened/anonymized IP
- Full IP address (for a maximum of 14 days)
This data is stored for purely technical reasons and is never associated with any particular individual. The data about website access is used for error analysis, ensuring the security of the systems, logging of access to paid services (e.g. Zoi Meet (Professional)), and to improve our translation service. For legitimate reasons, the full IP address is used to achieve the stated purposes for a very short period of a maximum of 14 days.
- Transcriptions and translations — Zoi Meet (Beta)
Please note that you may not use our transcription and translation service for any speech or texts containing personal data of any kind.
If you use our transcription or translation service, you transfer to our servers all audio or texts you would like to transcribe or translate. This is required for us to perform the transcription or translation and to provide you with service. We store your audio, texts and the translation for a limited period of time in order to train and improve our transcription and translation algorithm.
If you make corrections to our suggested transcription or translations, these corrections will also be transferred to our server in order to check the corrections for accuracy and, if necessary, to update the translated text in accordance with your changes. We also store your corrections for a limited period of time in order to train and improve our translation algorithm.
We use “cookies” to provide you with a wide range of functionalities and enhance your user experience. Cookies are tiny files stored on your computer through your browser. If you do not wish to receive cookies, you may deactivate cookie storage on your computer by changing your browser settings accordingly. Please note that the proper functioning of the website may be impaired and the range of functionalities may be limited if you deactivate cookies.
In particular, we are using the following cookies:
- Cookies to store your preferred languages and custom settings
- Cookies to store your Zoi Meet (Free) and Zoi Meet (Professional) login information
- Cookies with an individual identifier to re-identify your browser
(please refer to the “Pseudonymous user profiles” and “Google Analytics” sections for further details)
- Pseudonymous user profiles
We use a cookie to re-identify your browser and to generate pseudonymous user profiles. Such profiles are used to store certain non-personal technical information on your use of our service (such as your preferred language and corrections you made to your translations). We use this data to improve our translation service, to train our algorithm and to get statistical insights on the use of our service.
If you do not want us to generate such profiles, you can opt-out by selecting the following option:
- I refuse the storage of my user profile.
- If you refuse storage of your user profile, we will set a cookie which identifies your browser and allows us to exclude your browser from future generation of user profiles.
- The cookies mentioned above are so-called first-party cookies. This means that the above statistics apply only to the use of our website.
- Google Analytics (with anonymization function)
We use Google Analytics with the anonymization function. By means of this addition, Google shortens and anonymizes the IP address of the Internet connection of the person concerned, if our Internet pages are accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
You may deactivate Google Analytics with the help of a browser add-on if you do not want this website analysis. This add-on can be downloaded here. You can also activate the “I refuse the storage of my user profile” option above, which will deactivate the Google Analytics service on our website in your browser.
User-based event data at Google Analytics is deleted after 38 months.
- Your rights
You have the following rights under European Union law. If you wish to exercise any of the rights below, simply write to us at the above address.
- Right to confirmation and right to information – we will be happy to confirm whether we process your personal data, what data it is and for what purpose it is processed.
- Right to rectification – if the data we store is incorrect, we will of course be happy to correct it.
- Right of erasure – if you want your personal data to be deleted, we will, as far as legally possible, comply with your request. If data must be kept for legal reasons, it will be blocked. The data is then no longer available for further use.
- Right to restriction of processing – should you wish to restrict use, we will, as far as legally possible, comply with your request.
- Right to object – if you wish to object to any consents already given, we will pursue your request accordingly.
You also have the right to lodge a complaint to a supervisory authority about the processing of your personal data.
Last updated: April 2nd, 2019