EULA (End User License Agreement)
- About these
Terms and the Service
- These terms and conditions (“Terms”) govern the provision of our mobile application service called OCCDEC that uses AI to recognize sounds and your voice and analyze your use and labeling of it.
- Please read these Terms carefully and make sure that you understand them before using the Service. By using the Service or (where applicable) or by clicking “get started” to download the Service, you are agreeing to these Terms, which form a binding agreement between you and us. If you do not agree to these Terms, please do not install or use the Service.
- Please note that all references to individuals or data sets in OCCDEC that have been included can be copyrighted. No individual or owner of open rights of any character has any connection, economic or otherwise, with OCCDEC. All AI test and results created using the Service are computer-generated and OCCDEC does not include any actual sound recordings of any individuals or characters. All artwork, text and other content within OCCDEC are original.
- Please also note that parental control protections are commercially available within Apple iOS, which may assist parents in limiting access, time and spending by minors on OCCDEC and other apps.
- Changes to these
- We may amend these Terms from time to time to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the Service or our business practices. If you see something that does not comply, please delete the app and notify us immediately.
- Any changes we make to these Terms will be posted on this page so we recommend that you check back frequently to see any updates or changes made to these Terms, however, where the changes are material, we will give you notice which may be via an in-Service notification when you apply the available Service update to which the new Terms apply.
- Your continued use of the Service after any changes are made will be considered acceptance of those changes and will constitute your agreement to be bound by them. If you do not agree to any new Terms please see below for information on how to cancel if you have a Subscription below in Point 10.
- Who we are
We are OCCDEC AB, a company registered in Sweden and Wales with company number 5512194626. Our registered office is at Kaggensgatan 18, 39232 KALMAR, Sweden. You can contact us by email at info at occdec dot com.
- Our rights and
- We own and operate the Service. We will provide the Service using reasonable skill and care.
- We will use reasonable endeavors to keep the technology powering the Service operational, but we cannot guarantee that the Service will be available on an uninterrupted basis.
- Your access to the Service may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality and at times unscheduled downtime may be necessary including for security purposes. Further, due to the inherent nature of the Internet and mobile phone signal, errors, interruptions and delays may occur in the Service from time to time. We will use reasonable endeavors to try to limit the frequency and duration of downtime, to the extent within our control.
- We cannot guarantee that the Service will be error, bug or virus-free. As with all software, we recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your device before using the Service and that you consult your network administrator before installing the Service on a networked device.
- We may add or remove features from the Service from time to time. We will inform you of changes to features of the Service likely to have a significant impact on how you use it via in-Service notifications (provided you have not deactivated this feature).
- We do not make any guarantees that the content or related information provided on the Service is accurate or complete.
- The Service is for entertainment purposes only and the information provided on it should not be relied upon.
- Your responsibilities
- You may use the Service only if you are 13 years or older, but if you are younger than 18, please ask permission from your parent or guardian before signing up for a paid subscription.
- To use the Service you will be asked to give us permission to access the microphone, voice recognition and camera functionality of the device you are using to access the Service. You will be able to switch these features off at any time by changing your device settings, but please note that if you do the Service will not function properly or at all.
- In order for our Service to function, you will or might be asked to record a voice sample to enable us to train our algorithm to recognize and convert your voice.
- You will or might also be asked whether you want to receive push notifications from us to stay informed of information about new voices we add to the Service. You can change your preferences at any time by modifying the settings in the Service or on your device.
- The data you send to us will be tested on our cloud servers. It might or might not be used to enhanced our data after classification, removed or stored. However it will be anonymous and only the label/s of the sound will be stored. We can not remove any specific sounds as there will be billions of sounds in a huge AI mess of things in a database so complex it will likely take several life times to find anything.
Our licence to you
- We own or are licensed to use the intellectual property rights in our Service, including our branding and the underlying technologies.
- Subject to your compliance with the Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Service on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial use.
- Other than as described in the paragraph above, you may not make any use of or exploit in any way any of our intellectual property rights. That means using our API or service to analyze your own sounds, recordings or videos for any other purpose than through the actual app.
Your licence to us
- We use recordings you make using the Service and/or submit to enable us provide the Service to you. We may also use and disclose recordings (or data derived from the recordings) for training, research and development purposes, including training our existing algorithms and any future algorithms we wish to develop whether related to the Service or any other project.
- By using the Service to create and/or by submitting any recordings to the Service you grant to us on a worldwide, perpetual basis and without any payment to you the right to use, reproduce, distribute, make other works based on, display and/or store (a) recordings you create and/or submit to the Service; (b) any data derived from the recordings; and (c) output generated as result of your use of the Service, in each case in whole or in part, as necessary to provide the Service to you and/or to train, analyze and improve the Service and its underlying technology and/or other artificial intelligence technology. You agree that we can transfer and sub-contract the rights you grant us to other third parties. To the extent any personal data is processed by us, we will use this in accordance with our Privacy Notice here.
- In addition to the rights you grant us above, if you give us your consent, we may also use your recordings and videos (including your image and name) in our advertising, marketing and promotional campaigns. We are not obliged to use recordings and videos you submit to us for these purposes, but if we choose to, your image and voice or voice impression may be made publicly available (on any type of media) and connected with our brand to promote the Service.
- By indicating your consent once you have created a video using the Service, you grant to us, on a worldwide basis and without any payment to you, the right to use and exploit that video and recording and your name and likeness as we deem necessary to promote our brand and the Service including using the video, recording and your name and likeness in our advertising, marketing and promotional campaigns. This license includes a right for us to amend, copy, distribute, make other works based on, display and make available to the public, in all language and on all types of media, the video and recording you submit to us and your name and likeness. You also allow us to transfer and sub-contract the rights you grant us to other third parties. You waive any so-called “moral rights” that may exist in relation to your video. This license does not affect your rights under data protection law to withdraw your consent as explained in our Privacy Notice here.
By submitting a video to us and consenting to us using it for our advertising, marketing and promotional campaigns, you confirm that (a) the person featured in the video is you; (b) you have the right to submit the video to us; and (c) the video complies with the conditions set out in section 8 below (Acceptable use of the Service).
- Licence restrictions
- You agree that
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Service in any form, in whole or in part to any person without prior written consent from us;
- not copy the Service, except as part of the normal use of the Service or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Service nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Service on devices as permitted in these Terms or as necessary to make use of any features on the Service permitting connection with authorized third party apps or sites;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Service.
- You agree that you will:
- Acceptable use of the
- You must not:
- use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the Service;
- transmit or use
the Service to create any material that:
- is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
- is pornographic, profane, sexually explicit or indecent;
- promotes violence;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
- contains advertising, promotions or commercial solicitations of any kind (but this does not prevent you submitting to us a video you make for us to use in our marketing campaigns);
- constitutes or contains false or misleading indications of origin or statements of fact;
- will be likely to harass, upset, embarrass, alarm or annoy any other person;
- breaches another person’s privacy or security;
- is used to misrepresent your identity or affiliation with any person;
- use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
- You must not:
- Access to certain features of our Service is subject to you activating a subscription to the Service (“Subscription”).
- All Subscription fees (and any other payments associated with the Service) are handled by the third party app store from which you download the Service, such as Apple (each an “App Store”), as are all Subscription cancellations, Google play or Paypal. We do not process any payments from you or make any refunds to you directly. Payments made to the App Store will be subject to the App Store’s own terms and conditions which you should review carefully before activating a Subscription.
- Any free trial to the Service is offered at our discretion and we may withdraw this offer at any time.
- A free trial to the Service will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free trial period. Please refer to your App Store terms and conditions for information on how to do this.
- Weekly Subscriptions to the Service automatically renew on the same day each week (the day you subscribed), and you will be charged the applicable weekly Subscription fee by your App Store, unless cancelled in accordance with your App Store’s policies.
- Monthly Subscriptions automatically renew on the same day each month (the day you subscribed), and you will be charged the applicable monthly Subscription fee by your App Store, unless cancelled in accordance with your App Store’s policies.
- Yearly Subscriptions automatically renew on the same date of the year (the date you subscribed), and you will be charged the applicable annual Subscription fee by your App Store, unless cancelled in accordance with your App Store’s policies.
- We (or the App Store) may immediately suspend your access to the Service if your Subscription is not paid by you until such time as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms (see further information in the ‘Our right to suspend your access to the Service’ section below.
- If the pricing of our Subscriptions changes, we and/or the App Store, will let you know in advance.
- Any increase in Subscription fees will not apply to the current period (i.e. the week, month or year) of your Subscription. If you do not agree to a Subscription fee increase, remember that you can always cancel your Subscription before your next Subscription period starts – see the ‘How to cancel your Subscription’ section below. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
- How to cancel your Subscription
- If you would like to cancel your Subscription to the Service, you will need to do this through your App Store account settings. Further instructions on how to do this can be found here. Or contact Apple if they change the link.
- If you cancel your Subscription, the cancellation will take effect at the end of your then-current paid Subscription period. You will continue to be able to access the Service up until that point.
- Please note that we do not provide credit, refunds or pro-rated billing for Subscriptions that are cancelled. All refunds will be handled in accordance with your App Store’s terms and conditions. You can find further information on cancelling orders and any associated refunds on the website of the App Store from whom you purchased the Service. Please make sure you familiarize yourself with your App Store’s policy on refunds before you Subscribe.
- Be aware that European Union residents normally have a right to cancel subscription agreements within 14 days of agreeing to them and to receive a refund. Please refer to your App Store terms and conditions for further information on this, and the circumstances where this may not apply.
- Our right to
suspend your access to the Service
- We may temporarily suspend your account or access to the Service if we have reason to suspect that you have breached any of these Terms and to take such other steps as we deem reasonable in the circumstances.
- If we suspend
- you will not be able to access your account during the period of suspension, while we investigate the circumstances; and
- depending on the outcome of our investigation, you may be permanently excluded from the Service. We will use reasonable endeavors to notify you if this happens the next time you attempt to access the Service.
- We can end your rights under these Terms immediately at any time and without refunding any payments made by you if you are in serious breach of these Terms.
- We can also end your rights under these Terms immediately at any time, giving you as much notice as possible if we’re forced to do so for technical or operational reasons beyond our control. If we end your access in these circumstances, we will use reasonable endeavors to work with your App Store to facilitate a refund of the proportion of your Subscription fee relating to the period you’ve paid for but for which you have not received access to the Service.
- If we end your rights under these Terms, you must immediately stop all activities authorized by these Terms, including your access to the Services.
- Help desk
Should you require any help using the Service, please visit: https://occdec.com/ or email us at: [email protected].
- App Store Terms also apply
- To access our Service you will need to install it via an App Store. The App Stores impose additional terms and conditions governing the use of their services and the Service (including payments to the App Store in respect of the Service). Those terms will form an agreement between you and the App Store and are in addition to the agreement between you and us set out in these Terms.
- The App Stores are third parties. We have no control over the services provided by the App Stores. We encourage you to carefully review the App Store’s terms and conditions and privacy notices before you use those sites to download and install the Service or purchase any Subscriptions. We accept no responsibility for the App Store’s sites, apps, services, practices or privacy policies.
- Our liability to you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, or for any breach by us of any of your statutory rights.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- You are solely responsible for any videos and recordings you create using the Service, including if you choose to share the videos and recordings with third parties. You must use the Service in a responsible manner and in accordance with the acceptable use policy set out in section 8 above and the other Terms. It is also your sole responsibility to make sure any content you create using the Service is saved on your personal device if you want to be able to view it again.
- If our provision of the Service is delayed by an event outside our control, then we will take steps to minimize the effect of the delay and we will use reasonable endeavors to inform you of any problems via in-Service notifications (provided you have not deactivated this feature). Provided we do this we will not be liable for delays caused by the event.
- We will always use reasonable endeavors to make any notifications to you envisioned in these Terms, to the extent technically feasible, but please note that if you choose to deactivate the pop-up notification feature of the Service, this may inhibit our ability to make notifications to you as generally we do not hold any other contact details for you.
- Links from the Service
Where the Service contains links to and connects with other services and resources provided by third parties, we have no control over the contents of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third party services. Any external site that you visit by clicking through a link on the Service is entirely at your own risk. We accept no responsibility for their content, safety, practice or privacy policies.
- Your privacy
When we process your personal data, we do so in accordance with the data protection laws which apply to us and with our Privacy Notice. Please read it carefully.
- Complaints and alternative dispute resolution
- If you have a complaint, please contact us at [email protected].
- In addition, if you are in the European Union, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show. If this platform is no longer available for use due to the United Kingdom’s departure from the European Union, we will cooperate with other forms of reasonable dispute resolution.
- Other important terms
- You may not transfer your rights and obligations under these Terms for any reason. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
- Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
- Nothing in these Terms will create any relationship of partnership, agency or employment between us.
- If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
- These Terms and all non-contractual obligations arising out of or in connection with them are governed by Swedish law and subject to the exclusive jurisdiction of the Swedish court in Kalmar.