Terms of Service

Acceptance of Terms

By accessing, downloading, installing, or using 1Transcribe through our web application, iOS mobile application, or Android mobile application (collectively, the "Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Application.

Description of Service

1Transcribe provides transcription services through our web application, iOS mobile application, and Android mobile application (collectively, the "Application"). Our service allows you to transcribe audio files, video files, PDF documents, and images to text, as well as record and transcribe speech in real-time. The service uses artificial intelligence and machine learning technologies to convert speech and content to text.

User Responsibilities

You agree to use the Application only for lawful purposes and in accordance with these Terms. You are responsible for:

Ensuring you have the right to transcribe any audio or video content you upload
Not uploading content that violates any laws or third-party rights
Maintaining the security of your account and device
Not attempting to reverse engineer or modify the Application

Limitation of Liability

The Application is provided "as is" without warranties of any kind. We are not liable for any damages arising from your use of the Application, including but not limited to inaccuracies in transcriptions or data loss.

Indemnification

You agree to defend, indemnify, and hold harmless 1Transcribe, 1000914058 ONTARIO INC., and their respective affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all 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 of Service or any applicable law or regulation
Your use or misuse of the Application, including any recordings made without proper consent
Your violation of any rights of another person or entity, including any intellectual property rights or privacy rights
Any content you upload, record, or create using the Application
Your failure to obtain necessary consents for recording or transcribing conversations

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

Time Limit for Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Application or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination

We may terminate or suspend your access to the Application at any time, with or without cause, and with or without notice, if you fail to comply with these Terms of Service or for any other reason at our sole discretion.

You may terminate your account at any time by contacting us at [email protected]. Any fees paid prior to termination are non-refundable.

Upon termination, all licenses and rights granted to you under these Terms will immediately cease, but all provisions which by their nature should survive termination shall survive, including without limitation, indemnification obligations, warranty disclaimers, and limitations of liability.

Class Action Waiver

YOU AND 1TRANSCRIBE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, any arbitrator or court may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to the Application or these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to the arbitration provisions below, you agree that any legal action or proceeding between you and 1Transcribe for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in the courts located in Toronto, Ontario, Canada, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

Dispute Resolution and Arbitration

Please Read This Section Carefully. It affects your legal rights, including your right to file a lawsuit in court.

Most disputes can be resolved informally. Before filing a claim, you agree to try to resolve the dispute by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.

For any dispute or claim that you have against us or relating in any way to the Application or these Terms, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration administered by ADR Chambers or another mutually agreed arbitration service in accordance with the rules of such service.

Either party may elect to pursue a claim in small claims court in Ontario, Canada, rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual (non-class, non-representative) basis.

Opt-Out Right: You may reject this arbitration agreement by sending us written notice within thirty (30) days after you first access the Application. The notice must be sent to [email protected] with the subject line "Arbitration Opt-Out" and must include your name and the email address associated with your account. Opting out of this arbitration provision will not affect any other terms of this Agreement.

Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment, transfer, or delegation without such consent will be null and void. We may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder, in whole or in part, without your consent or notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Severability and Waiver

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions will remain in full force and effect and will be construed to give effect to the parties' intentions as reflected in the provision to the fullest extent possible.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and 1Transcribe regarding the use of the Application and supersede all prior and contemporaneous written or oral agreements, understandings, or representations regarding such subject matter.

Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. We will provide notice of material changes by posting the updated Terms on the Application with a notice of the modification for at least 30 days before the changes take effect, except for changes required by law which will be effective immediately.

Your continued use of the Application after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Application.

Privacy Policy

Introduction

Effective Date: 2025

1000914058 ONTARIO INC. ("Company," "our," "we") respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy is part of our Terms of Use.

In this policy we describe the types of information we may collect from you or that you may provide when you use our web application, iOS mobile application, or Android mobile application (collectively, the "Application") and our practices for collecting, using, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Application. If you do not agree with our policies and practices, do not use the Application.

Children Under the Age of 13

The Application is not intended for children under 13 years of age and you are not allowed to use the Application or provide information on it if you are under 13 years of age. If we learn we have received personal information from or about a child under 13, we will delete that information immediately. If you believe we might have any information from or about a child under 13, please contact us immediately at [email protected].

Information We Collect About You

We collect the following types of information:

Usage Information: Information about your internet connection, the equipment you use to access the Application, and Application usage details to help diagnose potential issues.
Content You Upload: Audio files, video files, PDF documents, images, and recordings that you upload or create for transcription. This content is temporarily stored on our servers during the transcription process.
Transcription Data: The text transcriptions generated from your uploaded content, which are stored in your account.

How We Collect Information From You

We collect generic information about your usage and equipment automatically as you navigate through the Application, such as usage details, app release, app version, device model, and time zone. Information that is automatically collected from you is used primarily for analytics purposes to improve the Application.

Do Not Track Signals

The Application does not use tracking cookies or serve advertisements. We collect only the minimal information necessary to provide our transcription services and improve the Application. For our web application, standard Do Not Track (DNT) signals are respected where applicable.

How We Use Your Information

We use information that we collect about you or that you provide to us for the following purposes:

To provide transcription services by processing your audio, video, PDF, and image files through our transcription partners and artificial intelligence systems.
To store and manage your transcriptions within your account.
To develop, maintain, and improve the Application and its services.
To analyze Application performance, user behavior, and diagnose technical issues.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

By using the Application, you expressly consent to the sharing of your information (including audio, video, PDF, and image files) with the third parties described below for the purposes of providing and improving our services.

We may disclose personal information that we collect or you provide:

To our subsidiaries and affiliates.
To our transcription service partners who process your audio, video, PDF, and image files to generate transcriptions. These partners receive only the content necessary for transcription and are contractually obligated to maintain confidentiality and comply with applicable data protection laws. By uploading content for transcription, you consent to the transfer of your content to these third-party processors.
To contractors, service providers, and other third parties we use to support our business, including Amazon Web Services (AWS) which hosts our servers in the us-east-2 region, Cloudflare which hosts our website, and Firebase for application hosting and analytics. These service providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the Application users is among the assets transferred.
To third party contractors in order to analyze Application performance and user behavior and/or to improve the Application, such as Datadog and ClarityJS.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

Cross-Border Data Transfers: Your information, including personal data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Application and visiting your account profile page. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your Data Protection Rights

Depending on your location, you may have certain rights regarding your personal information. We are committed to honoring these rights and will respond to all legitimate requests within the timeframes required by applicable law.

To exercise any of these rights, please contact us at [email protected] with the subject line "Data Rights Request." We will respond to verified requests within 45 days (or as otherwise required by applicable law).

California Residents - Your CCPA/CPRA Rights

If you are a California resident, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) provide you with specific rights regarding your personal information:

Right to Know: You have the right to request that we disclose what personal information we collect, use, disclose, and sell about you. This includes the categories of personal information, the categories of sources, the business purpose for collecting or selling, and the categories of third parties with whom we share personal information.
Right to Access: You have the right to request a copy of the specific pieces of personal information we have collected about you in the past 12 months.
Right to Delete: You have the right to request that we delete any personal information we have collected from you, subject to certain exceptions.
Right to Correct: You have the right to request that we correct inaccurate personal information we maintain about you.
Right to Data Portability: You have the right to receive your personal information in a portable and readily usable format.
Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights, including by denying goods or services, charging different prices or rates, providing a different level of quality, or suggesting you will receive a different price or quality of goods or services.
Right to Limit Use of Sensitive Personal Information: You have the right to limit our use of sensitive personal information to only what is necessary to provide our services.

How to Exercise Your Rights: To exercise any of these rights, please email us at [email protected] with the subject line "California Data Rights Request." Please include your account information and specify which right(s) you wish to exercise. We will verify your identity before processing your request and will respond within 45 days.

Categories of Personal Information We Collect: We collect identifiers (such as device identifiers), usage information, audio/video/image files you upload, transcription data, and internet or other electronic network activity information. We do not sell your personal information to third parties.

Do Not Sell My Personal Information: We do not sell personal information as defined by the CCPA. We have not sold personal information in the past 12 months and do not have actual knowledge of selling personal information of minors under 16 years of age.

Authorized Agent: You may designate an authorized agent to make a request on your behalf. The authorized agent must provide proof of their authority to act on your behalf, and we may require you to verify your identity directly with us.

European Union Residents - Your GDPR Rights

If you are located in the European Union (EU) or European Economic Area (EEA), the General Data Protection Regulation (GDPR) provides you with specific rights regarding your personal data:

Right of Access: You have the right to request access to your personal data and obtain information about how we process it.
Right to Rectification: You have the right to request that we correct any inaccurate or incomplete personal data.
Right to Erasure ("Right to be Forgotten"): You have the right to request that we delete your personal data under certain circumstances.
Right to Restriction of Processing: You have the right to request that we restrict the processing of your personal data under certain circumstances.
Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
Right to Object: You have the right to object to our processing of your personal data under certain circumstances.
Right to Withdraw Consent: Where we rely on your consent to process your personal data, you have the right to withdraw that consent at any time.
Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority in your jurisdiction.

Legal Basis for Processing: We process your personal data based on the following legal grounds: (1) performance of a contract (to provide transcription services), (2) legitimate interests (to improve our services and ensure security), and (3) consent where applicable.

How to Exercise Your Rights: To exercise any of these rights, please email us at [email protected] with the subject line "GDPR Data Rights Request." We will respond to your request within 30 days as required by GDPR.

International Data Transfers: Your data may be transferred to and processed in countries outside the EU/EEA, including the United States. We ensure appropriate safeguards are in place to protect your data in accordance with GDPR requirements, including the use of standard contractual clauses where applicable.

Data Security

We implement industry-standard security measures to protect your information:

All data transmitted to and from the Application is encrypted using Secure Socket Layer (SSL) technology.
Your data is stored on secure servers provided by Amazon Web Services (AWS) in the us-east-2 region and Firebase, with encryption at rest.
Our website is delivered through Cloudflare's secure network infrastructure.
Access to your data is restricted to authorized personnel and systems only.

The safety and security of your information also depends on you. Do not share your passwords with anyone and be careful about giving out information in public areas of the Application. Additionally, for mobile users, information may be stored locally on your device, and you are responsible for the protection and security of your device.

Data Retention and Deletion

We have implemented the following data retention policies to protect your privacy:

Audio and Video Files: When you upload audio or video files for transcription, these files are temporarily stored on our servers and sent to our transcription partners for processing. Audio and video files are automatically deleted from our transcription partners' systems immediately after the transcription is completed. The original audio and video files are automatically removed from our servers after a maximum of 30 days.
Transcription Text: The text transcriptions generated from your content are stored in your account and persist until you choose to delete them.
User-Initiated Deletion: When you delete a transcription from your account, it is immediately and permanently removed from our servers.
PDF and Image Files: Similar to audio and video files, PDF and image files uploaded for transcription are temporarily processed and then automatically deleted according to the same retention policies.

You have full control over your transcriptions and can delete them at any time through the Application. Once deleted, the data cannot be recovered.

Third Party Links

The Application may link to other websites, and recommend certain products or services online. The Company is not responsible for the privacy practices, content, and/or activities of these third party websites.

Changes to Our Privacy Policy

We may update this Privacy Policy from time to time. We will post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated. The "Effective Date" at the top of this page indicates when this policy was last revised.

For material changes to this Privacy Policy, we will notify you by:

Displaying a prominent notice on the Application home page for at least 30 days before the changes take effect
Sending an email notification to the email address associated with your account, if you have provided one
Sending an in-app notification when you next use the Application

Your continued use of the Application after we make changes constitutes your acceptance of those changes. If you do not agree to the changes, you must stop using the Application and may request deletion of your account and data.

Contact Information

To ask questions or comment about these Terms of Service or Privacy Policy, contact us at [email protected]