Dictate IT Live - Service Terms of Use

Last updated 21-May-2018

​1​ INTRODUCTION

  1. Welcome to “Dictate IT Live”, our automatic speech recognition service (“Service”) which is provided to you by Dictate IT Limited (“Dictate IT” or “we” or “us”).   Our Service is more fully described here at www.dictateitlive.co.uk

  1. We are the UK’s largest provider of dictation, transcription and medical communication workflow solutions to NHS secondary care. Our registered office is at 96A Clifton Hill, London, NW8 0JT and our registered number is 04930122.

  1. Please read these Terms of Use (“Terms”) carefully. They set out the basis on which you may use our Service, including use of the Dictate IT Live app (“App”) and the website (the “Website”).  Your use of the Service is also be subject to other terms and conditions and policies which are referred to below. References to Services include use of the App and Website unless otherwise stated.

  1. Our Service is designed, and primarily intended for, use by healthcare professionals acting in their professional capacity, although others are welcome to use the Service in their business capacity, except as stated in these Terms.  Our Service is not intended for use by individuals acting as consumers.

  1. By using our Service, you confirm that you are at least 18 years of age and otherwise have the necessary authority to enter into these Terms.

  1. We strive hard to provide an excellent user experience when you use our Service. If you have any questions about our Service or these Terms, we will try to help. Please contact us by sending an email to live@dictate.it

​2​ ACCEPTANCE OF TERMS

By using the Service, you agree to accept and be bound by these Terms. If you do not agree to accept these Terms, you should not use our Service.  These Terms govern our provision and your use of the Service and form a legally binding contract between us.

​3​ OUR RIGHT TO AMEND THESE TERMS

  1. We reserve the right to change these Terms at any time including in respect of changes to the Service, our technology, licensing arrangements, charges, payment methods, and also as necessary to comply with relevant laws and regulatory requirements.

  1. You are responsible for regularly reviewing these Terms so that you are aware of any changes. However, any important changes to the Terms (including changes to the charges/ fees) will be notified to you via the most up to date email address that we hold for you. Your continued use of the Service after any such changes will constitute your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Service.

​4​ TECHNICAL REQUIREMENTS AND RESTRICTIONS

  1. Your use of the Service is subject to the technical version requirements published on the platform from which you download the Service. If your Device (as defined below) does not meet those requirements, you will not be able to download or use the Service.

  1. The App is available to download for users located in the UK.

  1. Our Service is designed to work with the English language and medical speech. Errors may occur if this is not the case.  

  1. Use of the Service is restricted to use by adults and you are not entitled to use the Service if you are under the age of 18.

  1. You must not use the Service if you are, or we reasonably consider you to be, a competitor (direct or indirect) of Dictate IT.

  1. You agree not to publish or disclose any functionality or performance related benchmarks or statistics about our Service.

  1. Depending on the version of the Service that you have downloaded, your use of the Service will also be governed by Apple or Google Android’s Terms and Conditions and Privacy Policies (“Platform Terms”). If there is any conflict between these Terms and the Platform Terms, these Terms will prevail.

  1. We grant you a non-exclusive, non-transferable, revocable and personal right to use the Service in your day to day business capacity, using an Apple or Android device (“Device”) as permitted by, and subject to, the Platform Terms and these Terms.  

  1. All rights in the Service are reserved by Dictate IT and its licensors except as expressly stated. All goodwill arising as a result of use of the Service accrues to the benefit of Dictate IT.

  1. You are responsible for ensuring that all persons accessing our Service on your Device complies with these Terms.

  1. You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will also apply to your use of the Service. You also acknowledge that you may be charged by the Mobile Provider for data related services and/or third party charges may arise while using certain features of the Service, and you accept responsibility for any such charges. If you are not the bill payer for the Device being used to access the Service, it is your responsibility to obtain permission to use the Service from the bill payer.

​5​ ACCOUNT REGISTRATION AND FEES

​Account Registration

  1. To use the Service, you will be required to create an account (“Account”) by registering an email address, creating a password and providing us with any other contact details that we may specify.

  1. By registering and using the Service, you confirm that you have provided us with accurate and truthful information during the registration process.

  1. You are responsible for maintaining the confidentiality of the email address and password associated with your Account. You agree that we will be entitled to assume that any person logging into the Service or using the Service using your email address and password is either you or someone doing so with your permission. You are responsible for any use of the Service under your email address and password, including all financial charges and legal liability. We recommend that you change your password from time to time to assist with security.

  1. If you believe someone has accessed the Service using your email and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your password or email or any other breach of security.

​Fees

  1. We may from time to time and at our sole discretion offer a free trial to use the Service at no cost for a period specified on our website. You are free to use the Service for the duration of the free trial period and stop using the Service at any time with no commitment to use the Service beyond the free trial period.

  1. After any free trial period that we may offer, if you then choose to use the Service and provide your payment details, you agree to pay us the relevant subscription fee (as stated on our website or as may otherwise be notified to you) for your use of the Service, together with any applicable VAT at the prevailing rate then in force. We charge in advance for the month (or other payment period referred to on our website).    

  1. We shall provide you with at least 30 days’ notice of any proposed increase to our fees.  If you do not agree with the increase, you may cancel your subscription as explained in clause 10 below.

  1. All amounts due under these Terms from you to Dictate IT shall be paid in full without any set-off, deduction or withholding.

​6​ YOUR USE OF THE SERVICE

  1. When using the Service, you shall not:
  1. interfere with, or disrupt, any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature;
  2. inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device;
  3. access the Service via a means not authorised in writing in advance by Dictate IT, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
  4. attempt to restrict another user of the Service from using or enjoying the Service and you must not encourage or facilitate the breach of these Terms by others;
  5. use the Service for any illegal or unauthorised purpose; and/or
  6. do or permit to be done, anything that would or is likely to defame or adversely affect the name, image, or reputation of Dictate IT and/or its goodwill, business names, and/or trade marks.

  1. You understand that to use the Service:
  1. you need (i) access to a Device (on which the App is downloaded) AND (ii) a separate laptop/desktop/tablet AND (iii) a reliable internet connection; and
  2. you need to be simultaneously logged into your Account on your desktop/laptop/tablet AND your separate Device (on which the App is downloaded)).  
  3. You will ensure that the content that is uploaded to any aspect of the Service (via dictation or otherwise) and your use of the Services shall not:
  4. breach any third party rights anywhere in the world including third party copyright, trade marks, patents and other intellectual property rights and laws;  
  5. contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence, or breach any medical codes of practice;  
  6. be illegal; and/or
  7. be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).  

​7​ PRIVACY

  1. In these Terms, the following terms have the following meanings:
  1. “Data Protection Legislation” means the GDPR, together with all other applicable laws and regulations relating to the processing of personal data and privacy, including any binding guidance and codes of practice issued from time to time by any relevant supervisory authority;
  2. “Dictated Data” means all personal data that exists within the audio data dictated on your Device using our Service and/or in the text that we send back to you via our Service;
  3. "GDPR" means the General Data Protection Regulation (EU) 2016/679;
  4. "Security Breach" means the accidental or deliberate, unauthorised or unlawful acquisition, destruction, loss, alteration, damage, corruption, access, use or disclosure of personal data disclosed or otherwise processed under or in connection with these Terms; and
  5. References to “controller”, “processor”, “processing”, “data subject” and “personal data” shall have the same meaning as defined in GDPR.

  1. From a data protection perspective, we act as a "processor” in respect of Dictated Data, and we act as a controller in respect of the (limited) personal data that we collect and process about you as a user of the Service (such as your email address required to register your Account).

  1. You and we each agree to comply with our respective obligations under applicable Data Protection Legislation in respect of the Service. Without prejudice to the generality of the foregoing, you confirm that you have, and will continue to have, any and all necessary consents, permissions and notices in place to enable us to provide our Service to you, including the right for Dictate IT (and its group companies and suppliers) to use Dictated Data to improve the Service (including recognition accuracy) and including new features and/or functionality for our Service.  

  1. Where we act as a processor, we agree to comply with the processor obligations that are required to be incorporated into processor agreements under the GDPR as if they were set out in full in these Terms, including Article 28 of the GDPR.  We each agree to enter into a separate written agreement incorporating the provisions specified in this clause 7.4 if required by us or applicable Data Protection Legislation.

 

  1. We each agree to provide such additional information and cooperation to the other as is reasonably necessary to enable the other to comply with its respective obligations under Data Protection Legislation in relation to the Service.  We shall be entitled to make a reasonable charge for doing so if we consider (acting reasonably) that the request is onerous and/or time consuming for Dictate IT. You agree to pay any such charge within 28 days, plus any applicable VAT at the same time.

  1. Please see our Privacy Policy & Cookie Policy for further details of how we process personal data and how we use cookies and similar technologies.  Those policies are accessible at Privacy Policy, Cookie Policy

  1. For the avoidance of doubt, Dictate IT may use, including in aggregated form, data that is not, or ceases to be “personal data” within the meaning of Data Protection Legislation, resulting from, or generated through, provision of the Service.  

​8​ INTELLECTUAL PROPERTY RIGHTS

  1. The Service, and all software contained within the Service, is protected by copyright, trade marks, patents and other intellectual property rights and laws. All intellectual property rights in the Service are (as between you and us) owned by us.

  1. You agree that you shall not:
  1. rent, lease, sub-license, loan, provide, or otherwise make available, the Service to any person without prior written consent from us;
  2. copy any aspect of the Service;
  3. translate, merge, adapt, vary, alter or modify, the whole or any part of the Service or permit the Service to be combined with, or become incorporated in, any other programs, except as necessary to use the Service as permitted in these Terms;
  4. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service or attempt to do any such things, except as permitted at law; or
  5. use the Service to create any service or product that is similar to part or all of the Service.

​9​ IF YOU BREACH THESE TERMS

If you are in breach of, or we suspect you are in breach of, these Terms, we may (without limitation) take any or all of the following actions:

  1. issue a warning to you;
  2. effect an immediate, temporary or permanent withdrawal of your access to your Account and/or the Service; and
  3. exercise our rights against you.

​10​ TERMINATION

  1. You may end your subscription at any time by stopping your payment.  You must continue to pay for the Service for the rest of the payment period but shall be entitled to continue to use the Service in this period (subject to your compliance with these Terms).

  1. We have the right to suspend or terminate your access to the Service at any time, without notice, for any reason, including without limitation, breach of these Terms or failure by you to pay the monthly subscription fee associated with your use of the Service.

  1. We may at any time, in our discretion, discontinue the Service or part of the Service by giving you at least 30 days’ notice.  

​11​ WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

Free trial

  1. While we strive hard to provide a good service, the dictation text files we provide may not always be error free and it is your responsibility carefully to check the accuracy and completeness of the text files that are sent back to you.

  1. The Service during any free trial is provided on an “as is” and “as available” basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

  1. During the free trial period, Dictate IT shall not in any circumstances have any liability for any loss or damage suffered in connection with your use of the Service whether arising in contract, tort (including negligence) or otherwise, and your sole remedy is to stop using the Service.

Subscription service

  1. Dictate IT agrees to provide the Service with reasonable skill and care and as described in these Terms. While we strive hard to provide a good service, the dictation text files we provide may not always be error free and it is your responsibility carefully to check the accuracy and completeness of the text files that are sent back to you.

  1. Dictate IT makes no warranty or representation that the Service will meet your specific requirements, that the functionality of the Service will be entirely uninterrupted or error free, that defects can be corrected or that the Service is free of viruses or anything else that may be harmful.

  1. You will have no claim against us in respect of any decision to remove part or all of the Service or to suspend or terminate your access to the Service.

  1. Except to the extent we are negligent or in breach of these Terms, the use by you of the Service at your own risk.

  1. Dictate IT will not be liable for any:
  1. indirect or consequential loss or damage; or
  2. loss of or damage to data, loss of business or opportunity, loss of profits, or loss of goodwill, damage to reputation.

  1. Subject to clause 11.11, the aggregate liability of Dictate IT under or in connection with these Terms (including provision of the Services) however arising (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not, in respect of any Year, exceed the greater of: (a) the amount equal to fees received by Dictate IT in respect of that Year; and (b) £1,000.

  1. You agree to indemnify and keep indemnified Dictate IT against all costs, expenses, damages and losses suffered or incurred as a result of or in connection with your acts or omissions in connection with use of the Service, including non-compliance with these Terms, except to the extent that such costs, expenses, damages or losses arise as a result of any breach by Dictate IT of these Terms.  

  1. Nothing in these Terms shall have the effect of excluding or limiting either party’s liability for fraud or liability for death or personal injury caused by its negligence or any other liability which cannot be excluded by law.

  1. For the purposes of this clause 11, a “Year” is the period of one year starting from the date on which your paid subscription starts or from each anniversary of that date, as applicable.

​12​ AVAILABILITY OF THE SERVICE

  1. We aim to make the Service as useful and safe to use as possible; however, we cannot guarantee that the Service will:
  1. stay the same as we might change the Service or remove it altogether;
  2. be compatible with all hardware or software which you may use;
  3. be available all the time or at any specific time;
  4. be accurate and up-to-date; and/or
  5. be entirely error-free or entirely free of viruses, electronic bugs, trojan horses or other harmful components and you must take your own precautions accordingly.  

  1. You acknowledge that while we take security and confidentiality seriously, due to various factors such as the nature of software and use of the internet:
  1. we cannot guarantee the performance or security of our Service; and
  2. we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus or similar attack that is traced to our Service,

to the fullest extent permissible by law.

​13​ LINKS TO THIRD PARTY WEBSITES

The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites. Dictate IT is not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure that you are happy to use them.

​14​ TRANSFER OF RIGHTS AND OBLIGATIONS

  1. You may not transfer, assign, sub-license or otherwise dispose of any rights or obligations arising under or in connection with the Service, without Dictate IT's prior written consent.

  1. You agree that Dictate IT may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service.

​15​ ENTIRE AGREEMENT

  1. These Terms (and the documents referred to in them) constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, conditions, and understandings between them whether written or oral relating to its subject matter.

  1. Each party acknowledges that in entering into these Terms it does not rely on and shall have no remedies in respect of any statement, representation, assurance, condition or warranty that is not set out in these Terms.

  1. Each party agrees it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.

  1. Nothing in this clause shall limit or exclude any liability for fraud.                 

​16​ SEVERANCE

If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

​17​ THIRD PARTY RIGHTS

A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this clause does not affect a right or remedy of a third party which exists or is available apart from that Act.

​18​ GOVERNING LAW

These Terms and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

​19​ NOTICES

All notices given by you to us must be given via e-mail at live@dictate.it  We will give notice to you via the most up to date e-mail address that we hold for you or via the App. Notice will be deemed received and properly served immediately when we post it on the App or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.

​20​ QUESTIONS OR COMPLAINTS

If you have any queries at all regarding the Service or any of the Terms, please contact us by sending an e-mail to live@dictate.it