Terms of Service

Last updated: 31/08/2023

PLEASE READ THIS POLICY CAREFULLY

These “Terms of Service” (referred to as the "Agreement") shall be considered a legal agreement between you and DanuTech Europe Kft. (Registered Office :1112 Budapest, Gulyás utca 24/1., E-mail address: danutech@hotmail.com or our customer support email service@danutecheu.com, Tax ID: 32277584-2-43, Company Registration Number: 01-09-415688, Registering Court of Company: Company Registry Court of Budapest-Capital Regional Court, referred to as "we," "us," "our" or “Deepting”) regarding the use of our website at https://www.deepting.ai and the Deepting iOS/Android App (collectively referred to as the "Deepting Platform"). By using and/or registering to use the Deepting Platform, you acknowledge and accept all of the terms and conditions stated in this agreement. This agreement is provided to you and concluded in English, in writing, and is governed by the law of Hungary Your use of the Deepting Platform indicates your acceptance of the agreement. If you do not agree to the terms of this agreement, please refrain from using the Deepting Platform.

1.1 These Terms constitute a legally binding agreement between you and Deepting regarding your use and access to the Services provided by Deepting and the information displayed on the Platform. By registering to and utilizing the Services, you establish a binding contract with Deepting and agree to all the terms and conditions outlined in this Agreement. The terms "you," "your," and "yourself" also encompass your employees, agents, business representatives, and any other individuals accessing the Services through your Account. Deepting reserves the right to modify and update these Terms (or any referenced documents) at its sole discretion and we will notify you of any changes via pop-up windows on Deepting Platform. Your continued use of the Services after the revised Terms are posted signifies your acceptance and agreement to the updated terms. We also recommend regularly reviewing this page for any changes, as they are binding upon you.

2.1 By using the Deepting Platform, you acknowledge and agree to be bound by the following additional terms, which are incorporated into this agreement:

• Privacy Policy: Our privacy policy outlines how we process any personal data collected from you or provided by you. By utilizing the Deepting Platform, you consent to the processing of your personal data in accordance with our privacy policy. It is your responsibility to ensure the accuracy of the data you provide.
• Cookie Policy: Our cookie policy provides information about the use of cookies on the Deepting Platform. Please refer to this policy to understand how cookies are utilized during your interaction with the platform.
• Platform Rules: Refer to various rules, regulations, announcements, instructions, interpretations, statements, guidelines, or similar content that has been or will be published on the platform, with the actual display on the platform prevailing.

3.1 We have developed the Deepting Platform, which utilizes AI technology to deliver a highly accurate and advanced automated transcription service. Through our speech and speaker recognition technology, we offer the following services as part of the Deepting Platform:

• Automated transcription of uploaded audio files.
• Recording and automated transcription of audio recordings.
• Creation of a document format aligning words with transcribed audio files (a "Deepting" file).
• The Deepting Editor, an editor that allows users to search, verify, and correct the content of their Deeptings.
• Export and sharing of Deepting contents.

Collectively, these services are referred to as the "Deepting Services." You have the option to choose between the Free Service or the Paid Service, which is a subscription-based version entailing fees.

3.2 By accepting the terms of this Agreement, you are granted a non-exclusive, non-transferable license to utilize the Deepting Platform and its associated Services. To gain access and make use of the Deepting Services, it is necessary to create an account ("Account") by signing up with your email address and password.

3.3 The accessibility of the Deepting Platform is granted on a temporary basis, and we retain the right to modify or discontinue the services or functionality offered on the platform without prior notice in case of Free Usage. In case of subscriptions and significant modifications, Deepting will inform you in a clear and comprehensive manner in advance. We shall not be held liable in the event that the Deepting Platform becomes unavailable, temporarily or permanently, for any reason or duration.

3.4 Occasionally, certain sections of the Deepting Platform or the entire platform may be restricted to registered or subscribed users. We will make reasonable efforts to promptly address and resolve any issues or bugs that may arise within the Deepting Platform.

3.5 Deepting provides all updates, including security updates, to digital contents or digital services that are part of Deepting Services that are necessary. Deepting will notify you of such available updates via pop-up windows on Deepting Platforms or via email. It is your responsibility to download and install, if needed, or otherwise use the updates. Deepting is not liable for any damage arising from your failure to download or use the updates concerned.

4.1 By acknowledging these Terms, you certify and affirm to us the following:

• you are a minimum of 16 years old;
• you have not previously faced suspension or removal from the Service; and
• your registration and usage of the Service is compliant to these Terms, is conducted in good faith and with particular attention to clauses set out under 5. Rules of Conduct, and otherwise is fully comply with all applicable laws and regulations. If you are accepting these Terms on behalf of an Organization, you declare and guarantee that the individual accepting these Terms possesses the necessary authority to legally bind the Organization to these Terms, and you consent to be bound by them.

4.2 Account Registration. To use the Deepting Platform, the User will first need to follow the prompts that are displayed when the Platform is first launched on the relevant device, fill out the required information, including an email address to register an account, provide the relevant personal information on the registration page. After selecting and providing the User’s email address, Users receive a verification email. After the verification process Users are required to accept the Agreement including the Terms of Service and the Privacy Policy. These documents are accessible to the Users prior to the registration to the service. During the registration process, Users can review and correct any input errors that may occur. By registering, you guarantee that:

• all registration information submitted is true and accurate; and
• your use of the Platform will be at all times lawful and in accordance with the Agreement.

You are obliged to keep your login information secret and protect such information from being acquired and used by others. We are entitled to assume that any action taken, or request received, from a User’s account is authorized by the User. You must inform us of any abnormal behavior that may violate applicable laws or the terms of the Agreement or involve the unauthorized use or suspected unauthorized use of your account immediately. We will not assume any liability for any losses resulting from your failure to keep your account information secure.

4.3 Cancellation. You may terminate the use of your account and cancel your account at any time according to the instructions on the Platform. The Platform will cancel your account in accordance with any such requests and the terms of the Agreement. Please note that deleting an account and terminating a subscription may differ depending on your subscription plan and payment method. In particular, compared to usage of free features, in case of terminating subscriptions additional conditions apply (e.g. monthly/annual fixed period, possible cancellation needed through Google/Apple), in this regard see clause 11.3 Cancellation and clauses under 13. Termination.

Please ensure that you cancel your subscription through the settings App on your device) before deleting your account. Failure to cancel your subscription before deletion of your account will result in continued charges based on your current subscription plan.

You may cancel a previously registered account at any time under your Account – Setting – Delete account. After cancelling your account, you will be unable to access Deepting Platform and Deepting Services that require an account.

By cancelling your account, you terminate this Agreement regarding the cancelled account concerned. However, please be aware that in the case of a subscription, you may terminate the subscription with effect to the end of the current billing period and you may still be responsible for the Fees outlined in clause 11. Fees.

4.4 Technical equipment.Technical equipment. You are responsible for ensuring that you possess the appropriate technical equipment - such as hardware devices and operational systems etc - that is needed as a prerequisite in order to access Deepting Platforms and to use our Services. You can find information on compatibility and interoperability of Deepting Services as well as the necessary equipment requirements such as versions of web browser and mobile (IOS and Android) software updates you need for Deepting Services published on the Deepting Platform. We are not responsible for any inaccessibility or malware that occur due to your insufficient technical equipment.

5.1 Guidelines of behavior. When utilizing the Services, users are required to comply with the following guidelines of behavior:

• Refrain from using the Services in a manner that violates any applicable local or international laws or regulations.
• Respect and refrain from infringing upon the intellectual property rights of Deepting or any other individuals or entities.
• Obtain separate written permission from Deepting before utilizing automated software tools or engaging in mass data harvesting from the Platform.
• Do not employ automated means to gain unauthorized access to the Platform, user accounts, or connected computer systems.
• Do not attempt to gain unauthorized access to restricted areas of the Platform or Deepting's systems.
• Avoid overwhelming the Platform with excessive requests or using the Services in a way that may disable, burden, impair, or cause damage to the Platform.
• Do not circumvent or reverse engineer the Platform or its systems.
• Do not manipulate or forge identifiers to conceal the origin of any posted information on the Platform.
• Do not impersonate Deepting, its employees, other users, or any other individuals or entities.
• Do not introduce viruses, trojan horses, worms, logic bombs, or any other malicious or harmful materials.
• Do not engage in activities such as spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
• Avoid engaging in any conduct that interferes with the usage or enjoyment of the Services by others or that may cause harm to Deepting, its users, or expose them to liability.

5.2 Content Restrictions. Users solely themselves are responsible for the content they create or upload such as videos, pictures, files, or any other type of content (referred to as "Customer Data” or “User Content”). When contributing Customer Data, users must ensure compliance with the following guidelines. Users are prohibited from uploading, transmitting, or contributing any content that:

• Contains defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or similarly objectionable material.
• Promotes explicit sexual content, violence, or discriminates based on race, gender, religion, nationality, disability, sexual orientation, or age.
• Infringes upon intellectual property rights or violates the rights of any person.
• Reveals confidential or private information of individuals or entities.
• Violates the legal rights of others, may result in civil or criminal liability, or conflicts with the Terms and Privacy Policy.
• Facilitates illegal activities or assists in any unlawful acts.
• Causes annoyance, inconvenience, distress, or upset to any individual.
• Contains viruses, malware, spyware, or any other harmful content or code that breaches this Agreement.

5.3 Recording Conversations. The Services may provide a feature to record and upload conversations. Users must be aware that laws regarding the recording of conversations may vary depending on the location. In certain jurisdictions and in particular within the EU, recording individuals without obtaining their prior, appropriately recorded consent may give rise to legal consequences. Users are responsible for complying with all applicable foreign and local laws when using this feature, including the obligation to inform other participants about the possibility of their discussions being recorded and to obtain their prior explicit consent. Users should not use the Services, if they cannot ensure that an adequate consent is obtained from all other participants affected by the Service’s recording features. Using the Services for illegal purposes is strictly prohibited.

5.4 Code of Ethics. This Rules of Conduct also embodies our Code of Ethics as we value and respect all human rights, equality, diversity and inclusion, social and environmental responsibility. We adhere to law under all circumstances and despise insulting, offensive and illegal activity.

6.1 Deepting materials. The Services, including the Platform and all its contents, features, and functionality (such as information, software, text, displays, images, video, audio, and their design and arrangement), are the exclusive property of Deepting, its affiliates, licensors, or other providers. These materials are protected by intellectual property laws, including copyright, trademark, patent, trade secret, know-how and other proprietary rights. Any use, reproduction, distribution, or exploitation of the materials from the Platform or Services without explicit authorization by Us is strictly prohibited. We grant you a limited, non-transferable, non-exclusive license to use the Services solely for the purposes outlined in this Agreement. This license does not grant you any other rights or licenses to Deepting's intellectual property or proprietary rights. You acknowledge that you have no rights to the Platform, Services, or any other Deepting property, except as explicitly stated in these Terms. All rights not expressly granted to you are reserved by Deepting.

6.2 Customer materials. You retain full ownership rights to your Customer Data. However, by transmitting, uploading, or posting Customer Data through the Services, you grant Deepting a worldwide, non-exclusive, royalty-free license to access, process, copy, export and display your data strictly for the provision of the Services and in line with applicable laws. This includes using Customer Data to provide, maintain, and update the Services, address service-related issues, ensure security and support, comply with legal obligations, all in line with our Privacy Policy. By granting this license, you represent and warrant that you have obtained all necessary rights to grant Deepting the specified permissions.

6.3 Feedback. We value your feedback and suggestions regarding the Services. While we reserve the right to determine whether or not to use such feedback, you grant Deepting an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to utilize your feedback or suggestions for any purpose without any obligation or compensation to you.

7.1 Account Creation and Access. To access specific features or areas of the Services, registration and Account creation are required. Registered users have exclusive access to certain features, which can be accessed by logging in using your email and password. During registration, Deepting reserves the right to refuse an email account that is already in use, impersonates others, violates intellectual property or other rights, is offensive, technically problematic or is otherwise rejected based on these Terms. Multiple accounts for the same user are not allowed, and we may merge or close such accounts without prior notification, in compliance with our Privacy Policy and applicable data protection laws and regulations.

7.2 Accuracy and Completeness of Information. You agree to provide accurate, current, and complete information about yourself as prompted during registration or login. It is your responsibility to maintain up-to-date information, including reliable contact details. The information you provide must truthfully represent your identity and should not impersonate others. Selling, sharing, or transferring your account information is prohibited. Providing false, inaccurate, incomplete, or outdated information, or if Deepting suspects such actions, may result in the suspension or termination of your access to registered materials. Personally identifiable information you provide will be governed by the Deepting Privacy Policy.

7.3 Confidentiality and Security. If you receive a username, password, or any security-related information, you must maintain its confidentiality. You are responsible for all activities that occur under your Account, whether authorized or not. Deepting is not liable for any loss or damage resulting from your failure to protect your password or Account information. Promptly notify us of any unauthorized access, use of your credentials, or security breaches. Exercise caution when accessing your account from a public or shared computer to prevent unauthorized viewing or recording of your password or personal information.

7.4 Account Disablement. Deepting reserves the right, at its sole discretion, to immediately disable any email address, password, or other identifier, provided by you or chosen by you in case of any violation of these Terms.

8.1 User Content Compliance. When utilizing features on the Deepting Platform that enable you to upload content, including voice recordings, audio recordings, data, text, photographs, and other works (“Customer Data” or "User Content"), and publish it on the Service, it is mandatory to adhere to the terms provided below. You guarantee that any contribution you make complies with these standards, and you accept liability and agree to indemnify us for any breach of this warranty.

8.2 Voice Recordings. The Service may include a feature allowing you to record individual conversations and/or upload recorded conversations. Notice and consent requirements for such recordings may vary by location. You acknowledge and agree that you are solely responsible for providing any necessary notices and obtaining consent from individuals in accordance with applicable law.

8.3 Limited License Granted to Deepting. Any content uploaded to the Deepting Platform in a public forum is considered non-confidential and non-proprietary. You grant Deepting a limited license to deal with your User Content, as mentioned in clause 6.2.

8.4 License Granted to Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access, use, modify, and distribute that User Content as permitted by these Terms and the functions of the Service.

8.5 Access to User Content and Results. Deepting may allow you to share User Content or the results of processing User Content with other users, share it outside of the Service, or make it public for all users to view. You acknowledge and agree that, although Deepting may provide certain features intended to allow you to restrict access of others to some of your User Content, Deepting does not guarantee that such User Content or any results of processing User Content will never be accessible by others. To the fullest extent permitted by law, Deepting is not responsible for the use of any User Content or results of processing User Content by users, non-users, or third parties.

8.6 User Content Representations and Warranties. Deepting disclaims liability regarding User Content. You are solely responsible for your User Content and its consequences. By providing User Content via the Service, you affirm, represent, and warrant that you do not violate any provisions of this agreement and any laws.

8.7 User Content Disclaimer. You acknowledge that the Deepting Platform acts as a passive conduit for the storage and distribution of User Content. While we are not obligated to edit or control User Content, we reserve the right to screen, remove, or block any User Content that violates these Terms or laws that we become aware of. By using the Service, you understand that you may be exposed to inaccurate, offensive, or objectionable User Content. We are not responsible for User Content. If notified of non-compliant User Content, we will investigate and decide whether to remove it. See 9. Infringement Notification

8.9 User Responsibility. You are solely responsible for all content you upload, post, or distribute on the Deepting Platform. We exclude liability for content and user activities to the extent permissible by law as Deepting acts as an intermediary that in principle does not monitor or control User Content. By accepting these Terms, you acknowledge that you may have no claims against Deepting, its affiliates, licensees, and service providers, and agree to hold them harmless from any consequences arising from the actions taken by the aforementioned parties or as a result of investigations conducted by them or law enforcement authorities. In this regard see also clauses under 16. Limitation of Liability

9.1 Copyright Infringement Report. To report an intellectual property rights complaint regarding material on the Service, contact us by clicking the report link on the File Sharing Page (an html5 page with the audio shared) . Your notice should include: a. Your contact information (address, phone, email); b. Details of the infringing material and its location on the Service; c. Authorized person's signature acting on behalf of the copyright or intellectual property owner; d. Description of the copyrighted work or intellectual property being infringed. Deepting will notify you of receiving the Infringement Report and conduct a notification-removal procedure pursuant to applicable laws and point 9.3. on Notice-and-action mechanism.

9.2 Repeat Infringers. Deepting will promptly terminate the accounts of users found to be repeat infringers.

9.3 Notice-and-action mechanism relating to illegal content: If you notice any content on Deepting Platform /Deepting Services that you deem illegal or is in violation of our code of conduct and code of ethics, you may report it to us through our notice-and-action mechanism so we can be notified of such content and take necessary measures:

• 1) To report illegal content, click the report link on the File Sharing Page (an html5 page with the audio shared) . Your notice should include: an explanation of the reasons why you consider the information to be illegal content;
  • a) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
  • b) your name and an electronic mail address (except in case of material relating to sexual exploitation and abuse)
  • c) a statement that you submit the notification in good faith and that the information and allegations contained therein are accurate and complete (e.g. I declare that I submit this notification in good faith and all information submitted by me are true and accurate to my best knowledge.”)
• 2) Deepting will confirm the receipt of your notice via email, if you submitted your name and email address.
• 3) Deepting will assess the information indicated in the material and take a decision and/or necessary measures, which may be based on gravity: suspension of access to services temporarily or permanently, deletion of user account, termination of contract, or other necessary measure. Deepting will also, without undue delay, notify that individual or entity of its decision in respect of the information to which the notice relates, providing information on the redress possibilities in respect of that decision.
• 4) As a redress possibility, you may submit your reply to us via the same email address (service@danutecheu.com). Deepting will assess your reply without undue delay, take necessary decisions and measures. Deepting will notify you of the receipt of your reply, of Deepting’s decision and of measures taken by Deepting. Deepting will also notify the person who submitted the initial notice of Deepting’s measures, if any.

10.1 Free usage minutes. Upon registration, your Account will be provided with a monthly allocation of free usage minutes for the Deepting Services. These "free usage minutes" refers to the total duration of audio files transcribed using the Deepting Platform. The specific regulation on free usage minutes can be found on the Deepting Platform.

10.2 Subscriptions. You can choose to migrate from Free Usage to a subscription plan (Monthly Subscription or Annual Subscription). The monthly subscription requires upfront payment at the beginning of each month; the annual subscription requires upfront payment at the beginning of each year. Your account will be charged according to your plan for renewal within 24 hours prior to the end of the current period. Your subscription will renew automatically according to the billing cycle you select unless you turn-off auto-renew at least 24 hours before the end of current period. You can cancel your subscription anytime before the next billing cycle, with effect to the end of the current billing period. In which case your subscription will not be renewed, and you will keep having access to Deepting Services until the end of the current billing period, unless you delete your Account.

10.3 Fair use. While you are a subscriber to our service, please be mindful of fair use. If your usage jeopardizes system integrity, such as excessive file uploads in a short time, Deepting retains the right to limit your service access. This measure safeguards system integrity for all users. In this respect we refer to the required behavior standards by these Terms, see 5. Rules of Conduct

11.1 Subscription Fees.

• By subscribing to a Monthly or Annual Subscription, you agree to pay the relevant Fee as specified on the Pricing Page, accessible on the Deepting Platform. The Fee must be paid in advance, in full, and without any deduction.
• The Fee will be collected from you monthly or annually, depending on your chosen subscription, until you cancel your subscription. You can terminate your subscription with effect to the end of the current billing period.
• We reserve the right to amend the Fees, and any changes will be notified to you in writing in advance and will take effect at the start of the new billing period. You may change from Monthly to Annual Subscription, or vica versa at least 24 hours before the renewal date of your valid Subscription.

11.2 Payment processing. We may use a third-party payment processor (the "Payment Processor") or Apple or Google to bill you through a payment account linked to your Account (your "Billing Account"). We are not responsible for errors by the Payment Processor. By utilizing the services, you agree to pay us through the payment processor in accordance with the applicable payment terms. You authorize Deepting and its third-party payment processors to charge all sums for your orders and selected service levels, including applicable taxes, as described in these Terms or published by Deepting to the payment method specified in your account. If you use a credit card for payment, Deepting or its third-party payment processors may pre-authorize your credit card account to ensure its validity and availability of funds or credit. Failure to maintain a valid and non-expired card on file may result in additional costs and termination of Deepting Services. You expressly authorize Deepting to withhold or debit any amounts owed, including chargebacks, fees, costs, deductions, adjustments, or other obligations from your identified account.

11.3 Cancellation. You have the right to cancel your paid subscription at any time, and it is your sole responsibility to ensure proper cancellation. Please note that the Monthly Subscription renews automatically on a monthly basis, while the Annual Subscription renews automatically on an annual basis. To avoid being billed for the next subscription period, you must cancel your subscription at least 24 hours before the renewal date. The periodic Subscription Fee will be billed to the payment method you provided during registration, or to a different payment method if you update your payment information. If you subscribed directly through the mobile application, you can cancel the Subscription Service by accessing the settings in your own iOS or Android device [Apple/iOS: Open the Settings app -> Tap your name -> Tap Subscriptions; Android: Open the Settings app -> Tap Google -> Tap ‘Manage your Google Account’ -> Tap Payments & subscriptions]. Please ensure that you cancel your subscription through the settings App on your device before deleting your account. Failure to cancel your subscription before deletion of your account will result in continued charges based on your current subscription plan.

11.4 Delinquent Accounts. In the event of any unpaid sums on your account, Deepting reserves the right to suspend or terminate your access to the Service, including fee-based features. This applies to accounts that have not fulfilled their payment obligations. If your access to the Service was granted through your Organization and the Organization has outstanding payment obligations, we may also suspend or terminate your access. In addition to the outstanding amount for the Service, a delinquent account may be subject to additional fees and charges associated with chargebacks or collection efforts, including

11.5 Withdrawal. If you as a consumer (not as a company) have your habitual residence within a Member State of the European Union, of the European Economic Area or in the UK, you have the right to withdraw from the contract, without cause, within 14 days from contracting the relevant service or digital content. For paid services and digital content, you expressly agree that performance of the service / supply of the content shall begin before the end of the 14-days-withdrawal period and you acknowledged that you can only terminate the contract for services/digital content within the remaining time of the 14-days-withdrawal period and you lose your right of withdrawal upon the services' full performance.

12.1 Third-party services and linked websites. Through the Service, Deepting provides tools that allow you to export information, including User Content, to third-party services. These tools may include features for linking your Deepting account with accounts on third-party services like Twitter or Facebook, or through the use of buttons such as "share" button. By utilizing any of these tools, you acknowledge and agree to the transfer of such information by Deepting to the relevant third-party service. Third-party services operate independently and are not under the control of Deepting. To the maximum extent permitted by law, Deepting disclaims any responsibility for the use of your exported information by any third-party service. Additionally, the Service may include links to third-party websites. Please be aware that linked websites are beyond the control of Deepting, and Deepting cannot be held accountable for their content.

13.1 Ordinary termination: Either party has the right to terminate this agreement at any time and without prior notice to the other party. In case of Free Usage: you may terminate this agreement immediately by deleting your Account and refraining from using the Deepting Platform. In case of Paid Usage / Subscription: you may terminate this agreement and your subscription with the effect to the end of the current billing period. Accordingly, until the end of the billing period you will have access to Deepting Services and you will be responsible for the Fees outlined in clause 11. [This does not affect your right to 14 days long termination (withdrawal), see 11.5. Withdrawal.

13.2 Termination due to breach of contract:We may terminate or suspend your access to any or all Services at any time, without prior notice or liability, in line with these Terms and in case of free Usage, for any reason or no reason. In particular, Deepting may immediately terminate or suspend your Account if you breach these Terms, including but not limited to breaching payment terms and code of conduct as well as code of ethics or if your Account is flagged for copyright infringement. Termination of your access to and use of the Services does not release you from any obligations that arose prior to termination, nor does it limit any liability you may have towards Deepting or any third party.

Termination as your warranty right: You might be eligible for termination of this agreement and for a refund as a warranty right under certain conditions, in case of our defective performance. In this regard see point Annex 1 (information on consumer warranty rights) and 15. Warranty Disclaimer.

Termination due to modification of service: If you are a consumer (not a company) and the modification of these Terms adversely affects your access to the digital content or digital service you subscribed for, you have the right to terminate the Agreement free of charge within 30 days of receipt of the notification of the modification or of the modification of the Terms.

13.3 Upon the effect of termination:

• all rights granted to you under this agreement shall cease;
• you must cease all activities authorized by this agreement; and
• you must immediately delete your Account and cease using the Deepting Platform.

13.4 Please ensure that you cancel your subscription through the settings App on your device (see clause 11.3) before deleting your account. Failure to cancel your subscription before deletion will result in continued charges based on your current subscription plan.

13.5 Please note that once you delete your Account, we will be unable to recover your files/Deeptings. Therefore, we recommend downloading all transcripts before deleting your Account.

13.6 We reserve the right to delete your Account upon termination of this agreement and for non-payment of the Fees owed as outlined in clause 11 of this agreement.

13.7 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

14.1 Push Notifications. When you install our app on your mobile device, you may agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications at your own preference.

14.2 Email. As part of our service delivery, we may send you emails to notify you about the processing or sharing of User Content, as well as for other operational purposes, in line with our Privacy Policy. We may also send emails regarding our products and services, as well as those offered by third parties, provided that you subscribed for receiving promotional emails You have the option to unsubscribe from promotional emails by following the instructions provided in the email itself.

15.1 Use at your own risk. Your use of the service, the platform, and any content or products therein is at your own risk. The service, the platform, and any materials, content, or transcriptions available through the service are provided on an "as is" and "as available" basis.

15.2 Warranties. Deepting disclaims all warranties, whether express or implied, relating to the service, the platform, and all materials, content, or transcriptions available through the service, to the extent permissible by law. This includes but is not limited to:

• Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
• Any warranty arising out of course of dealing, usage, or trade. In respect of consumers, we do not exclude any mandatory warranties that consumers are entitled to by virtue of law.

If you are a consumer (not a company), please note that neither statutory guarantee (Government Decree No.151/2003 (IX. 22.)) nor product warranty (6:168. § of Hungarian Civil Code) is provided by law for Deepting services as they are digital contents and services, but Deepting Services are subject to statutory warranty provisions (6:159. § of Hungarian Civil Code and § 22-23 of Government Decree No 373/2021 (VI. 30.)). As you are a Hungarian consumer, see a description of your warranty and guarantee rights applicable by virtue of Hungarian mandatory law in Annex 1.

15.3 Availability and errors. Deepting does not warrant that the service or any portion thereof (including your access to it), or any data, materials, content, or transcriptions offered or processed by the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components. We do not warrant that Deepting Services run on all type of devices and are not responsible for any inaccessibility or malware that occur due to your insufficient technical equipment.

15.4 User data and content. Deepting is not responsible for the failure to store or maintain any user data, content, transcriptions, user communications, account information, or personal settings.

15.5 Completeness and accuracy. Deepting makes no warranty about the completeness or accuracy of the transcriptions provided through the service.

15.6 No additional warranties. No advice or information obtained from the service, Deepting entities, or any materials or content available through the service creates any warranty regarding the Deepting entities or the service that is not expressly stated in these terms.

15.7 Damage and loss. Deepting is not responsible for any damage that may result from your use of the service or your dealings with other service users. You acknowledge and agree that your use of any portion of the service is at your own discretion and risk. Deepting is not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss, use, or disclosure of data, including user content.

15.8 Limitations. The limitations, exclusions, and disclaimers stated in this section apply to the fullest extent permitted by law and do not affect any warranty or right that Deepting cannot disclaim under applicable law.

16.1 Nothing in this agreement excludes or limits our liability, our fraud or fraudulent misrepresentation that cannot be excluded or limited by applicable law. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Deepting Platform or any content on it, whether express or implied.

16.2 We shall not be liable to any user for any loss or damages caused by the use of the service by users not due to our intentional or gross negligence, arising under or in connection with:

• Use of, or inability to use, the Deepting Platform or the Deepting Services; or
• Use of or reliance on any content displayed on the Deepting Platform. We will not be liable for any loss or damage caused by a virus, denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Deepting Platform or your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on the Deepting Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

16.3 We are fully liable for loss of life, harm to physical integrity or health, and for intentional acts or omissions pursuant to the applicable law. In case of negligence, tort or otherwise, our maximum aggregate liability under this agreement, or any collateral contract is limited to a sum equal to EUR 100 or the amount you paid to us in fees in the previous 12 calendar months, whichever is greater. We are in no event liable, whether pursuant to any indemnity or in contract, tort (including negligence and statutory duty) or otherwise for loss of profit or revenue, loss of production, interruption of operations or loss of use, cost of capital, loss of interest, loss of information and/or data, for claims arising from contracts with third parties, or for any indirect or consequential damage.

17.1 You agree to defend, indemnify, and hold harmless Deepting, its affiliates, licensors, service providers, 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 from or related to:

• your violation of these Terms;
• your use of the Services, including any unauthorized use of the Platform content, services, and products;
• your customer data; and
• your use of any information obtained from the Platform.

18.1 Privacy Policy. You acknowledge and agree that any User Content, data, recordings, and information you enter into or upload to the Service, as well as the data we collect in connection with the Service ("Data"), will be processed in accordance with the Deepting Privacy Policy. We strongly encourage you to carefully review the Privacy Policy.

18.2 Data Processing. We adhere to the regulations outlined in the General Data Protection Regulation (GDPR) or the United Kingdom General Data Protection Regulation when processing Customer Personal Data.

18.3 Data Ownership. As between you and Deepting, the data you enter into or upload to the Service is and will remain your property. By accepting these Terms, you grant Deepting the necessary rights to collect, process, transmit, store, use, and disclose data for the purpose of providing the Service, as described in these Terms and the Deepting's Privacy Policy.

18.4 Compliance Responsibility. You are solely responsible for the Data you enter into, supply, or use within the Service, as well as for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Service. You represent and warrant that you have obtained and will maintain all necessary rights, consents, and authorizations to grant Deepting the rights and licenses specified in these terms, without violating or infringing upon the rights of any third party.

19.1 This agreement is binding upon you, us, and our respective successors and assignees. You shall not transfer, assign, charge, or otherwise dispose of this agreement, including any rights or obligations arising from it, without obtaining our prior written consent. We reserve the right to transfer, assign, charge, novate, or otherwise dispose of this agreement without requiring your prior written consent. We will notify you of such change in advance via pop-up windows on Deepting Platform or via email.

20.1 Communications. We are required to provide certain information to you in writing. Upon accepting this agreement, you consent to electronic communication from us, which may include emails or notices posted on the Deepting Platform.

20.2 Entire Agreement. This agreement, along with any explicitly referenced documents, constitutes the complete understanding between us, superseding any prior discussions, correspondences, arrangements, or understandings.

20.3 Law and Jurisdiction. This agreement, including any disputes or claims arising from or related to it, its subject matter, or its formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hungary. Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of Hungary, provided that you are not a consumer but a company, or that you have no general legal venue in Hungary or in another EU Member State.

20.4 Survival, Waiver, and Severability.

• All provisions of this Agreement that should naturally endure beyond termination, including but not limited to ownership, warranty disclaimers, limitations of liability, and indemnification, shall indeed survive termination.
• Deepting's waiver of any term or condition outlined in these Terms shall not be construed as a further or ongoing waiver of said term or condition, nor as a waiver of any other term or condition. Failure to assert a right or provision under these Terms does not waive that right or provision.
• If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court or other competent tribunal, said provision shall be either eliminated or limited to the minimum extent necessary to preserve the validity and enforceability of the remaining provisions, allowing them to remain in full force and effect.

21.1 Should the Users have any comments or complaints regarding the operation of the Deepting Platform, they can notify Deepting at the following email address: service@danutecheu.com.

21.2 We will promptly examine the submitted complaint and we will provide a written answer no later than 30 days after the receipt of the complaint. We will create a record of the user’s complaint and our response. We will store the record electronically for three years.

21.3 Users who qualify as Consumers (in the meaning of Article 2 a) of Act XLVII of 2008 on the Prohibition of Unfair Business-to-Consumer Commercial Practices) has the right to submit their complaint to the competent consumer protection authority according to their place of residence. The list of the competent consumer protection authorities in Hungary as well as their contact details can be found at https://kormanyhivatalok.hu/kormanyhivatalok.

21.4 The Users qualifying as Consumers, may initiate a procedure in front of the arbitration board competent according to their place of residence or domicile or the arbitration board operated by the professional chamber competent according to the Service Provider's registered office. The contact details of the Pest County and Érd County Capital Chamber of Commerce and Industry operating the Pest County Conciliation Body are as follows: registered office: 1055 Budapest, Balassi Bálint u. 25. IV/2.; telephone number: +36-1-792-7881; fax number: +36-1-792-7881; Email address: pmbekelteto@pmkik.hu. Contact details of further Arbitration Boards: http://www.bekeltetes.hu/index.php?id=testuletek.

21.5 In the case of cross-border consumer disputes in connection with online sales contracts, Consumers have the option to settle their disputes electronically through the online platform available at the following link https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

ANNEX 1

Warranty, product guarantee and guarantee rights applicable to consumers (individuals purchasing services or buying products) in Hungary.

1. Warranty

You can assert warranty claims against DanuTech Europe Kft. / Deepting (hereinafter: “company”), in the event of a defective performance in line with the Hungarian Civil Code.

You may, at your choice, make the following claims:

You can ask for repair or replacement, unless the claim you have chosen is impossible or would involve disproportionate additional costs for the company compared with other claims. If you did not or could not ask for the repair or replacement, you can ask for a proportionate reduction of the purchase price, or you can have the defect repaired or replaced at the expense of the company, or, as a last resort, you can withdraw from the contract. However, in the case of a contract between a consumer and a company for the sale of movable goods, the supply of digital content or the provision of digital services, you cannot repair the defect yourself or have it repaired by another person at the expense of the company. You can modify your warranty claim (e.g. request replacement instead of repair), but you will bear the costs arising therefrom, unless the modification was justified or the company gave a reason for it.

You must give notice of the defect as soon as it is discovered, but no later than two months after the defect is discovered. However, you should note that you cannot make a warranty claim after a two-year limitation period.

You can enforce your rights against the company.

Within one year from the date of performance, you can assert a warranty claim by proving that the product or service was sold / provided by the company. However, after one year from the date of performance, you will have to prove that a defect existed at the time of performance.

Warranty claims (repair, replacement, reduction of consideration, termination):

The consumer may claim a proportionate reduction of the consideration or to terminate the contract for the supply of digital content or the provision of a digital service, according to the seriousness of the breach of contract, if

• the repair or replacement is impossible or would result in disproportionate additional costs for the company;
• the company has failed to comply with its obligation of repair or replacement;
• a repeated failure to perform has occurred despite the company’s attempts to bring the goods/services into conformity with the contract;
• the non-performance is of such a serious nature as to justify immediate price reduction or termination of the contract; or
• the company did not agree to bring the service into conformity with the contract or it is clear from the circumstances that the company will not do so within a reasonable time or without significant detriment to the consumer.

If the company fails to fully perform the contract, the consumer first must require the company to perform. If, despite the consumer's request, the company fails to supply or provide the digital content or digital service without delay or within a period of grace agreed by the parties, the consumer may terminate the contract.The consumer may terminate the contract without a request for performance by the company if

• the company has not agreed to supply the digital content or to provide the digital service or it is clear from the circumstances that it will not do so; or
• it is clear from the agreement or the circumstances that it is essential for the consumer that the digital content be provided at a specified time and the company fails to do so.

If the consumer wishes to terminate the contract on the ground of defective performance, the burden of proving that the defect is insignificant shall be on the company. Where the consumer provides the company with only personal data, the consumer is entitled to terminate the contract even if the lack of conformity is insignificant, but may not claim a proportionate reduction of the consideration.

2. Product warranty – only for movable goods!

In the event of a defect in a movable good, you can exercise warranty rights (see point 1 above) or so called product warranty rights (see below).

As part of your product warranty claim, you can request for the defective product to be repaired or replaced.

A product is defective if it does not meet the quality requirements in force when it was put on the market or if it does not have the characteristics described by the manufacturer.

Two years from the date on which the product was put on the market by the manufacturer.

Against the manufacturer or distributor.

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

• - the product was not manufactured or put into circulation in the course of his business, or
• - the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
• - the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.

The manufacturer (distributor) only needs to prove one exemption.

Please note that you cannot make both a warranty and a product warranty claim for the same defect at the same time.

3. Guarantee – Only for certain durable tangible goods!

In Hungary, a mandatory guarantee obligation applies to certain durable consumer goods [set out in Annex to Government Decree No.151/2003 (IX. 22.)]. The duration of guarantee depends on the value of the consumer good concerned:

• - HUF 10.000-100.000: 1 year
• - HUF 100.000-250.000: 2 years
• - more than HUF 250.000: 3 years