Terms of Use

Last updated: 01/01/2025

1. Introduction

Welcome to Palabra.AI, a product of Palabra.AI LTD ("Company," "we," "us," or "our"). These Terms of Use govern your access to and use of our services ("Services"). By using our Services, you agree to comply with and be bound by these Terms. Please read them carefully.

1.1 Scope of Services

  • A web-based application accessible via compatible browsers.
  • A downloadable desktop version, which functions as a client interface for our web-based Service.
  • Any related software, tools, or features provided by Palabra.AI.

1.2 Agreement Documents

Your agreement with us consists of:

  • These Terms of Use.
  • Our Privacy Policy.

By using our Service, you confirm you have read, understood, and agreed to both. Together, these documents are referred to as the "Agreements".

1.3 Privacy Policy

Our Privacy Policy details how we collect, use, store, and protect your information. It is an integral part of your agreement with us. You can find our full Privacy Policy at https://palabra.ai/privacy-policy.

1.4 Applicability

These Terms apply to all visitors, users, and others who access or use our Service, regardless of their level of engagement or the specific features they use.

1.5 Updates to Agreements

We may update these Agreements periodically. Continued use of the Service after updates constitutes acceptance of the changes. Please review these Agreements regularly.

2. Free Trial and Payment Terms

2.1 Free Trial

We offer all users a free trial of translation time. Once the free trial is exhausted, users may purchase additional minutes.

2.2 Pricing

Pricing for additional minutes is displayed on our official pricing page, which can be updated at any time. We do not guarantee any specific pricing outside of what is displayed on the pricing page.

2.3 Discounts and Promotions

We reserve the right to offer discounts, promotional pricing, or loyalty benefits at our sole discretion. These may be targeted to specific users or regions.

2.4 Price Variations and Testing

We may display different pricing to different users for the purpose of A/B testing. This is done to improve our understanding of optimal pricing models. If you have questions or concerns about price variations, please contact us at [email protected].

3. Use of the Service

3.1 Translation Functionality

Our Service supports the translation of audio streams across a variety of communication platforms and services, including but not limited to video conferencing, voice calls, streaming services, podcasts, and other audio-based interactions. Users should note:

  • Separate Billing: Outgoing audio from you and incoming audio to you are processed as separate audio streams and are billed separately based on usage.
  • Platform Compatibility: While we strive to support a broad range of third-party software and communication platforms, we do not guarantee compatibility with all platforms or uninterrupted operation.
  • Third-Party Services: If you choose to use our Service in conjunction with a third-party communication or audio platform, you are responsible for reviewing and complying with that platform’s terms, including their policies on audio processing, recording, and privacy.

3.2 User Responsibility

Users are responsible for ensuring:

  • Compliance with all applicable laws regarding audio recording or processing.
  • Appropriate notice and consent are obtained where required by law.

4. User Accounts and Data

4.1 Account Registration

To use the Service, you must:

  • Provide a valid email address.
  • Create a secure password. You are solely responsible for safeguarding your account credentials.

4.2 Data Storage

All user account data (email, password) is securely stored on Amazon Web Services (AWS) infrastructure. Physical server locations may vary based on AWS’s operational setup. We do not store payment data directly; all transactions are processed via Stripe.

4.3 User Content

Users retain ownership of their uploaded content. By using our Service, you grant us the right to process and store this content solely for the purpose of providing the Service.

5. Payments and Refunds

5.1 Payment Processing

Payments for additional minutes are processed through Stripe. By completing a transaction, you agree to Stripe’s terms and conditions in addition to ours.

5.2 Failed Payments

If a payment method fails, we may suspend your access to the Service until the issue is resolved. Please ensure your payment details are up-to-date.

5.3 Refund Requests

Except where prohibited by law, all purchases of additional minutes are final and non-refundable. However, we may, at our sole discretion, offer refunds or credits in the following scenarios:

  • Service Malfunction: If a technical issue on our end results in unusable translation minutes.
  • Billing Errors: If you were incorrectly charged or overcharged.
  • Exceptional Circumstances: Other situations determined at our sole discretion. To request a refund, please contact [email protected] with the relevant transaction details. We will review each request on a case-by-case basis and respond within a reasonable timeframe.

6. Privacy and Data Usage

6.1 Data Collection

We collect only the following user data:

  • Email address for account creation and communication purposes.
  • Usage data (e.g., minutes consumed) for billing and service improvements.

6.2 Analytics

We use analytics tools to monitor and improve our Service. Aggregated, non-personal data may be used for performance analysis.

6.3 Data Retention

User data is retained as long as necessary to provide the Service or comply with legal obligations.

7. Limitation of Liability

7.1 No Warranties

The Service is provided "as is" and "as available". We do not guarantee uninterrupted or error-free operation.

7.2 Liability Cap

To the fullest extent permitted by law, under no circumstances shall Palabra.AI LTD, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Our total liability to you for all claims arising from or related to the Service shall not exceed the amount paid by you for the Service in the three (3) months preceding the date of the claim.

7.3 Indemnification

You agree to defend, indemnify, and hold harmless Palabra.AI LTD, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with:

  1. Your access to or use of the Service;
  2. Your violation of these Terms or any applicable law or regulation;
  3. Your infringement of any third-party right, including intellectual property or privacy rights;
  4. Any content you upload, transmit, or otherwise make available through the Service.

7.4 Third-Party Services

Our Service may include links or integrations to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party services. Your use of third-party services is subject to their respective terms and conditions.

8. Intellectual Property

8.1 Ownership

All intellectual property rights related to the Service, including but not limited to software, content, and branding, are owned by the Company.

8.2 User Content License

By using our Service, you grant us a non-exclusive license to process your content for the sole purpose of delivering the Service.

9. Governing Law and Governing Language

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9.2 Governing Language

These Terms of Use are written in English. If these Terms are translated into any other language and there is a conflict or inconsistency between the English version and the translated version, the English version shall control.

10. Communications

10.1 Types of Communications

By using our Service, you acknowledge and agree that we may communicate with you through various channels, including but not limited to:

  • Email newsletters.
  • Marketing or promotional materials.

These communications may include service updates, feature announcements, security alerts, and promotional offers.

10.2 Consent to Receive Communications

Your use of our Service constitutes consent to receive these communications.

10.3 Opting Out

You may opt out of marketing or promotional materials by:

  1. Using the "unsubscribe" link in our emails.
  2. Contacting us directly at [email protected]

10.4 Essential Communications

Even if you opt out of marketing communications, we may still send you essential service-related messages, such as security updates or changes to our terms of service.

11. Fee Changes

11.1 Right to Modify Fees

The Company reserves the right to modify subscription fees at any time, at its sole discretion.

11.2 Effective Date of Changes

Any changes to subscription fees will take effect at the end of the current billing cycle.

12. Content

12.1 User Content

Users retain ownership of their uploaded content. By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to process your content for the purpose of delivering the Service.

12.2 User Responsibility

You are solely responsible for ensuring compliance with all applicable laws regarding the notice and consent required for recording conversations.

12.3 Content Monitoring

We reserve the right to monitor, review, and analyze information transmitted through the Service for operational, security, and compliance purposes.

13. Prohibited Uses

You agree to use our Service only for lawful purposes. Prohibited activities include, but are not limited to:

  • Violating any applicable laws or regulations.
  • Sending unsolicited promotional materials or spam.
  • Attempting to disable, overburden, or impair the Service.
  • Automated Data Collection: Using bots or scripts to scrape data from the Service without prior written permission.
  • Reverse Engineering: Attempting to decipher, decompile, or reconstruct the source code used to provide the Service.
  • Unauthorized Reselling: Reselling or sublicensing the Service or its features without our express written consent.
  • AI-Related Misuse: Using the Service in conjunction with artificial intelligence or machine learning methods to bypass usage limits or to violate another’s rights.

14. Age Restrictions and User Eligibility

14.1 Minimum Age Requirement

The Palabra.AI app and its services are intended for use by individuals who are at least 18 years old.

14.2 User Representations

By using Palabra.AI, you affirm that:

  • You are at least 18 years of age.
  • You have the legal capacity to enter into this agreement.

15. Termination

15.1 Company-Initiated Termination

We reserve the right to terminate or suspend your account and access to our Service immediately and without prior notice at our sole discretion, for any reason, including but not limited to breaches of these Terms.

15.2 User-Initiated Termination

To terminate your account, simply discontinue using our Service.

15.3 Effects of Termination

Upon termination, your right to access and use the Service ceases immediately.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, represent the entire understanding between you and Palabra.AI LTD regarding the use of our Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

17. Amendments to Terms

17.1 Right to Amend

We reserve the right to modify these Terms at any time.

17.2 Acceptance of Changes

Your continued use of our Service after changes are posted constitutes your acceptance of the modified Terms.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

20. Contact Us

For any inquiries, please reach out to us: [email protected]