Let's start from afar.
Mobile app development is expensive. The average cost depends on the complexity of the application:
Developers do a great job, from creating a general concept, to developing the design and layout, thinking through the navigation, creating the application itself, testing and launching it, followed by monitoring.
The process of creating applications for Android, iOS, Windows Phone operating systems consists of several stages.
1. Free estimate of cost takes (about 2 days);
2. Study of the problem, market and competition (about 5 days);
3. Writing a technical assignment depending on the complexity of the application (10-15 days);
4. Development of design (from 5 to 15 days);
5. Programming takes from 20 days to 4 months;
6. Testing and monitoring of the application is carried out within 5 - 10 days.
If a very complex application is being developed, parallel programming is carried out to speed up the delivery of the work.
The main goal of creating an application is most often material. The development of such a service should pay off, and somehow make a profit.
Now let's look at exactly how the company can make money:
1. Built-in advertising.
Everything here is transparent and understandable, the company can make the entire service or part of its functions free for the consumer, and earn through advertising integrations, receiving money from the advertiser. Quite a safe story, why not. In such services, as a rule, only part of the functions are free, and then the second option of earning is included.
2. Paid subscriptions.
For those users who use the service actively, most often for business, the functions of the free version are not enough. Then the application offers to purchase a subscription, which makes it possible to use all the functions of the application, and get the most out of it for the consumer. Here, too, everything is honest and open. Such services receive good profits due to the active use of their development by customers, therefore they carefully monitor both the safety of using their service and the quality of its work.
Now let's imagine that you have downloaded an application (this topic is especially relevant for Android), use all its functions, but no one takes any payments from you, and moreover, does not even show ads. Strange, isn't it?
People have spent a huge amount of money: they have a staff that supports the operation of the service - and the company does not receive anything in return? Of course not. The company will earn in any case, that's just openly or hidden, another question.
Attention: If you come across such services, and they do not belong to the State or the services of the Red Cross - think about it, and our advice is better not to use it.
Now let's move on to three types of 'illegal' earnings on applications, which many users do not even think about, being delighted with the free use of the resource.
Collecting user data.
If the creators of the application make money on you in this way, using the service, you risk the security and confidentiality of your user data, as well as leakage of information about data for access to various systems, third-party access to your personal documents, etc.
Such information is sold to advertisers for contextual advertising (at best), at worst, it may end up with scammers and lead to serious consequences. Especially for legal entities, or users using the service for business, whose data may be, among other things, a commercial secret.
Any user's mobile device can have information about the owner's bank account and make payments. By creating a virus, cybercriminals are counting on this. More and more new means of obtaining secret data from mobile devices are invented, providing such a collection of information. Unfortunately, there is no absolute protection against virus attacks, but reasonable precautions significantly reduce the risks of losing your e-wallet.
'The most dangerous type of virus for mobile banking applications today is the Spyware type. They steal data and send it to their creators, who can take control of their victim's bank account in minutes. Their collection is regularly updated. So, in July this year, according to Forbes magazine, a version of the virus appeared - the BianLian Trojan, which can steal data from banking applications of mobile devices.
A detailed analysis of the virus showed that it is able to steal information using screenshots (snapshots) of the device's screen, pretending to be a program for people with disabilities. But he can do harm only if the user himself allows him access to the photo functions of the smartphone. If such permission is received, then control over the e-wallet may be lost.
Protecting a mobile device from virus programs is, first of all, our own care. Viruses usually disguise themselves as legitimate programs, but they are easy enough to spot. So, for example, if the 'Flashlight' program, which uses the flash of a smartphone for lighting, suddenly asks you for permission to access your contact list, this should make you suspicious. It is possible that the application you downloaded from an unofficial store may contain a virus. And it's better to remove it.
The unexpected success of bitcoin gave us the creators of crypto farms and cryptocurrency hunters. And if it is not so easy to 'mine' bitcoin now, then other similar currencies are quite real. If you dive a little into the process itself, then these operations require a huge amount of energy and the internal resource of the device from which this 'extraction' occurs.
Now these crypto farms have gone further and make money using other people's devices. For example, using a 'free' application, you give such 'farmers' access to your smartphone, and they start mining cryptocurrency remotely, right from your device. And, in general, there is nothing wrong with that, except that the resources of your phone will wear out at an incredible rate, like the battery charge.
Therefore, to summarize with advice:
If you use the service, especially for business, you need to understand that one way or another - you will pay for this use. Open (as a subscription) or hidden (viruses, data loss, damage to the device) - you decide.
Effective April 13, 2021
This agreement aims to establish and consolidate legal relationships and agreements between any legal entity, organization, educational institution or company ("Organization") or individual end user accessing the IWBO service, namely the IWBO 4T tool, the running IWBO site, any applications and other services provided by us (jointly the "Service") with our company ("IWBO Inc.", "we" or "us"). By accepting this agreement, you are agreeing to these terms.
We ask that you carefully read the contents of this agreement, and accept it if you agree to all of the terms and conditions.
1. Limitations on the use of the service.
We comply with the legal restrictions of the state and limit the right to use the service in these cases:
A) If the registration of the user or the use of the service by the user is not applicable by law or any specific regulations;
B) If the user is under the age of 18;
C) If the user has already been restricted in the right to use the service, the user account has been deleted or blocked.
2. Available services
- Downloading and processing audio files from the device
- Downloading and processing audio files from cloud storage
- Recording audio to a voice recorder
- Automatic detection of the language of the original audio file
- Translation of the file into the selected language
- Integration with user cloud storage
- Recording conference calls
- Interaction with messengers
- Subtitles in messengers
- It is possible to add new functions
The completeness of using the functionality of the service will depend on the selected tariff plan ("Paid Service") of the service, by subscription, or you can use the free version ("Free Service").
3. Registration of an account.
To register and gain access to the functions of the service, we ask you to provide some information about yourself during the registration of your personal account or organization account. For example:
When registering a personal account:
- Phone Number
When registering individual users under your account (such users, "Authorized Users"):
- Information about other users
Set a strong password when registering.
In case of any suspicion of unauthorized access or security breach of your account, immediately inform us at email@example.com.
Important: By registering your account and the account of "Authorized Users", you guarantee the reliability and accuracy of the entered data and other information that you indicate in your account. You also agree to keep the information up to date. You also warrant that you have the necessary rights and permissions to provide this information and use your account. You accept responsibility for actions taken on behalf of your account and agree that you are solely responsible for the safety of this data and the confidentiality of your account.
4. Access to the account and responsibility for actions within the account.
I. Authorized users.
You accept that you are responsible for:
A) control against unauthorized access by your Authorized Users
B) identifying and authenticating all of your Authorized Users
C) all actions that occur under usernames, passwords or accounts of your Authorized Users as a result of access and use of the Service by your Authorized Users
D) approving your Authorized Users' access to the Service and defining appropriate access controls associated with your account.
II. Data for access and use obtained from the Organization.
You acknowledge, agree and acknowledge:
B) Your Organization has the authority to terminate your access to the service at any time
C) IWBO, Inc shall not be liable to you in any way for such removal or termination of your access to you by your Organization.
D) If the email domain associated with your account belongs to the Organization and has been assigned to you as an employee, contractor or member of the Organization (for example, firstname.lastname@example.org, we may identify your account in the Organization, transfer your account to Organization account and / or restrict or terminate access to your account.
E) IWBO, Inc. will not be liable to you in connection with any such disclosure, limitation or termination.
5. Pricing policy, conditions of paid subscription, refunds.
When deciding to connect to and use the paid functions of the service, you can view and accept the terms of the paid subscription. Payment currency - US dollars. Fees are non-refundable.
IWBO, Inc reserves the right to determine the current price for services and makes every effort to timely update the information on the current prices for paid subscriptions published on the website of the service.
If you want to know the current prices, be sure to visit our resource with this information.
IWBO, Inc may change the fees for any feature of the Service, including additional fees or charges, if IWBO, Inc notifies you of the changes in advance prior to the changes becoming effective. IWBO, Inc. may make promotional offers with different features and different prices to any of IWBO, Inc.'s customers. These promotional offers, unless addressed to you, will not apply to your offer or these Terms.
Payment for the time of using the service is carried out by the user on the basis of 100% prepayment, represented by the time of the audio file, which will be analyzed by the Service or recorded by it. Payment in this variant of using the service is carried out for the hours of using the Services of the service, the expense is recorded in minutes, an incomplete minute is spent as a full one. In the tariffs section, the user can track paid and spent minutes and hours.
The tariff sets time limits for using its paid hours and minutes. If the user is unable to use their paid hours during this period, the payment will not be refunded and will be considered used / debited.
The User pays for the possibility of using the Service in the amount, within the terms and conditions specified in the relevant tariff.
Refunds or credit applicable to purchases are only available in exceptional, isolated cases and are at the discretion of IWBO, Inc. You can request such operations by contacting customer support. Also, a single positive decision on compensation does not imply a similar decision in similar situations for other payments.
The chargeback, in case of a positive decision on the request, is made exclusively to the original account of the transaction. Refunds by other means (cash, checks and others) will not be carried out.
For questions and more important information on the return policy, please visit:
5.1 Payment for services.
By accepting this agreement, you authorize IWBO, Inc payment processors to accept and process payments in accordance with your chosen subscription. Systems may charge set amounts for all orders made by you or from your account, or the level of service described in the Terms and Conditions or published by IWBO, Inc, also including all applicable taxes for the user's chosen payment method.
In the case of payment for services from a credit card, an authorization payment may be requested to check the availability of available funds on the card necessary for payment.
In some cases, IWBO, Inc may authorize the Organization to make payment on the invoice within 30 days from the date of issue, this payment method may be available only by the decision of IWBO, Inc.
5.2 Subscription service.
Automatic payment, within a specified period of time. This service is available for the convenience of the user and eliminates the need to independently monitor the timely payment for the service. If this payment option suits you, you can activate the Subscription Service.
We warn you that activation of this service automatically confirms your consent to periodic payments for the selected services of IWBO, Inc and its third-party payment systems, Apple or Google, in the case of a subscription through a mobile application. Payments will be made until canceled or terminated by your account, all credited amounts on or before the due date, including all credited amounts for your Authorized Users.
"Subscription Billing Date" is the date on which you purchase your first subscription to the service. You can learn more about the service at https://4text.app/pricing
Also, you in advance the subscription period in which the automatic payment of the invoice for the service will be carried out, including the allowed taxes and fees. This period can be one month or one year and will be referred to as the "Initial Subscription Period."
Note: Subscription renewals at the end of the period are automatic and renewed for the duration of the original subscription period unless you or IWBO, Inc. cancel or terminate it ("Subscription Renewal Period").
5.3 Additional Users.
In cases where the user adds additional accounts to his account, if this occurs during the validity period of an already issued and paid subscription, the fee is charged and deducted in proportion to the time remaining until the end of the current period. By disconnecting users or not distributing them according to the purchased workplaces in the team, you automatically receive a credit for the unused part of the subscription period.
This credit can be used to pay for subsequent periods of your subscription.
5.4 Cancellation of subscription
To avoid another write-off, you need to cancel your subscription to the service before the date of its renewal.
You can unsubscribe from your account settings page with IWBO, Inc. if you registered directly through our website, or through settings in the Apple App Store or Google Play Store if you signed up directly in the mobile app or by contacting us. to the address: email@example.com.
5.5 Payment method
IWBO, Inc or its third party payment processor Stripe will bill for recurring subscriptions to the payment method you provide to us at the time of registration (or another payment method if you change your billing information).
5.6 Suspension of services
In the event of an invoice issued but unpaid by the Organization, or in the event that the user does not pay for the subscription or part of the subscription services, IWBO, Inc may terminate or suspend access to the service or its services for any account.
In addition to the amount due for the Service, the overdue account may be subject to fees or charges associated with any chargeback or collection of any unpaid amount, including collection fees.
6. Limited license
The license granted by IWBO, Inc. to users is a limited, non-exclusive, non-transferable, non-sublicense, revocable license and is granted only under the condition of the user's full and continued compliance with the terms of this agreement. The license is granted for:
i. installing and using one copy of the object code of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control;
ii. obtaining and using access to the Service.
iii. solely for your personal non-commercial use
With the following restrictions (except for cases when these restrictions are inadmissible by law):
i. reproduction, distribution, public display or public performance of the Service;
ii. interfering with the processes or bypassing the functions of the Service, including any security or access control mechanism;
iii. making changes to the Service;
iv. accessing or using the Service in violation of any restrictions on use or other restrictions associated with the level of Service that you (or your Organization) have chosen to access and purchase, if applicable.
v. use of the service in connection with the prohibition of your legislation for you
7. Feedback and suggestions.
If you have any suggestions for the company or want to leave your opinion or feedback on products and service improvement, you can contact us in the feedback form or in any convenient way using the specified contact information for requests ("Feedback").
IWBO Inc is granted an unlimited, perpetual, irrevocable, non-exclusive, fully paid and free right to use Feedback in any way and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by IWBO,Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by IWBO,Inc are protected by intellectual property and other laws. All Materials included in the Service are the property of IWBO,Inc or its third party licensors. Except as expressly authorized by IWBO,Inc, you may not make use of the Materials. IWBO,Inc reserves all rights to the Materials not granted expressly in these Terms.
9. Government Rights.
IWBO,Inc provides the Service, including any related software, data, and technology, for ultimate government end use solely in accordance with the following: The government hereby agrees that the Service qualifies as "commercial" computer software. Government technical data and software rights related to the Service include only those rights customarily provided to the public as defined in these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these Terms, it must negotiate with IWBO,Inc to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.
10. Third party services and resources.
To improve the quality of the service and expand its functionality, IWBO, Inc may use third-party resources to perform certain operations or to efficiently operate the system. For example, to link your IWBO, Inc account with your Twitter or Facebook accounts. The same services include the implementation of third-party buttons in the system, such as "Like" or "Share".
By using one of these tools, you unconditionally agree that IWBO, Inc. may transfer this information to an appropriate third party service. Third party services are not under the control of IWBO, Inc and, to the fullest extent permitted by law, IWBO, Inc. is not responsible for the use of your exported information by any third party service.
Also, the service may contain links to third-party resources that are not under the control of IWBO, Inc, thus the company is not responsible for their content.
11. User Submissions. ("User Content"). Allowed actions and restrictions.
The service allows users to upload their own content to receive services. Including the resource available to synchronize the user account with third-party accounts. Content types ("User Content"):
- Voice recordings
- Audio recordings
- Other publication of content on the service
To the extent that you choose to use the Service in connection with material or information posted to your Zoom, Dropbox, WhatsApp or other third party accounts (collectively, "Third Party Accounts''), you hereby grant IWBO, Inc permission access to Third Parties. The accounts of the parties in connection with the provision of the IWBO, Inc. Services In the relationship between you and IWBO, Inc., you retain all copyright and other proprietary rights that you may have in relation to the User Content that you post to the Service.
Customer retains all ownership rights to User Content processed through the service:
- You grant IWBO, Inc a worldwide, non-exclusive, free, fully paid right and license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, modify, export, process, transform and distribute your User Content, in whole or in part, in any media formats and through any media channels currently known or developed in the future, in a manner that is under your control.
- Customers may remove User Content from their account, where it may be stored in a separate trash folder provided with the service for a specified period, unless they choose to remove it from the trash folder. Once it has been permanently removed from a user account by direct action by the user, or after a specified retention period in the trash folder, no User Content record is retained and the User Content cannot be recreated by the service.
- By providing User Content or through 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 in accordance with these Terms and the functionality of the Service.
- Also, IWBO, Inc may allow users to share certain User Content or the results of processing User Content with other users of the Service, outside the Service, or even publicly available to all (even non-serving users).
- You acknowledge and agree that while IWBO, Inc may provide certain features that allow you to restrict access to some User Content that you create from others, IWBO, Inc does not warrant that such User Content or any processing of User Content will never be available to others.
- To the fullest extent permitted by law, IWBO, Inc. is not responsible for the use of any User Content or the results of processing User Content by users or non-users of the Service or any third parties.
12. Responsibility and Warranties Regarding User Content.
Taking into account the functionality and focus of the service, the user is solely responsible for any posting and use of user content through the Service. IWBO, Inc. assumes no responsibility whatsoever with respect to the User Content.
By posting or providing User Content, you warrant that you are the creator and owner of the User Content or have the necessary licenses, rights, consents and permissions to allow IWBO, Inc. and users of the Service to use and distribute your User Content as needed to use the licenses provided by you in this Section in the manner provided by IWBO, Inc, the Service and these Terms;
13. Prohibited Content.
You represent that your content is not and will not contain the following prohibited content:
a) Infringement or misappropriation of any third party rights, including any copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property or property rights;
b) defamation or infringement of the privacy, publicity or other property rights of any other person;
c) induce IWBO, Inc to violate any law or regulation;
Also, you acknowledge that your User Content cannot be considered by a reasonable person to be objectionable, obscene, obscene, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
14. Content Moderation.
IWBO, Inc. is not responsible for the quality and content, or any other liability in connection with the User Content. However, it may, at any time and without prior notice, check, remove, edit or block any User Content that, in IWBO, Inc.'s sole discretion, violates these Terms or is otherwise objectionable.
IWBO, Inc has no control over and is under no obligation to monitor:
I. User Content;
II. Any content provided by third parties;
III. Use of the Service by its users.
IV. And is not responsible for the use of any User Content by users or any third parties.
You acknowledge and agree that IWBO, Inc reserves the right and may from time to time monitor any and all information transmitted or received through the Service for operational and other purposes.
If at any time IWBO, Inc decides to control the content, IWBO, Inc will still not accept any responsibility for the content or any loss or damage incurred as a result of the use of the content.
15. Influence of content
You understand that by using the Service, you will be exposed to User Content from various sources, and you acknowledge that User Content may be inaccurate, offensive, obscene, or objectionable.
You agree to opt-out and waive any legal or equal rights or remedies that you have or may have against IWBO, Inc. in relation to User Content.
If a user or content owner receives notification that User Content allegedly does not comply with these Terms, the company may investigate this statement and, in its sole discretion, decide to remove User Content, and reserves the right to do so at any time and without prior notice.
IWBO, Inc does not authorize the use of the Service for copyright infringing activities.
17. Usage Data.
The company has the right to accumulate and analyze the provided, used and produced information of the service and related systems through various technologies, including using machine learning systems with functions and implementations designed to generate statistics, calibrate data models and improve algorithms in the process of processing user content and usage data ("Machine Learning").
There is no prohibition against the use of such machine learning by IWBO, Inc for:
- checking or improving analytics, models, algorithms underlying the service
Nothing in these Terms gives the user or other third parties any rights with respect to any part of the Service or Machine Learning created by the Company or Machine Learning created in the process of providing the Service.
18. Interaction with users.
IWBO has several ways to communicate with partners and customers of the service.
I. Text messages.
IWBO, Inc and those acting on our behalf may send you text (SMS) messages to the phone number you provide to us. For example, for two-factor authentication. When you send or receive such communications, standard data and message rates may apply as specified by your carrier and IWBO, Inc. is not responsible for these charges.
II. Push notifications.
By installing our application on your mobile device, you automatically agree to receive push notifications, which are messages that the application sends to you on your mobile device when it is not turned on. You can turn off notifications by visiting your mobile device's settings page.
We may send you emails during the course of providing a service to notify you when User Content has been processed, transferred to you, or for other operational purposes. We may also send emails about our products and services, as well as products and services of third parties. You can opt out of receiving promotional emails by following the unsubscribe instructions in the promotional email itself.
19. Prohibited actions on the service.
19.1 Personal Actions.
By using the services of the service, whether you are an individual, an organization or another user, you agree that the following rules will not be violated.
i. Prohibition of using the service for any illegal purpose or in violation of any right: local, state, international or national;
ii. The prohibition on the use of the service and any of its components and products for the willful or unintentional, direct or indirect, benefit of any third parties;
iii. The prohibition on the use of services and products of the service for commercial purposes, direct or indirect, including those directly related to any workflow of paid transcription, even as an additional part to a commercial product or service;
iv. Prohibition of any inappropriate behavior and actions leading to anxiety, threats, humiliation or other actions that harm any other user of the service;
v. Prohibition of any infringement or inducement to infringement of others, in relation to the rights of third parties (both action and inaction), or infringement or appropriation of intellectual property, or property rights, of third parties.
19.2 Resource Security.
By using the services of the service, whether you are an individual, an organization or another user, you agree that the following rules to protect the security of the service will not be violated.
i. Prohibit any disabling or circumventing features that prevent or restrict the use or copying of any content;
ii. Prohibiting otherwise reconstructing or attempting to discover the source code of any part of the Service, unless such activity is expressly permitted by applicable law;
It is forbidden to carry out any interference with the operation of the service or its use, by any means, for example:
i. downloading or otherwise distributing any virus, adware, spyware, worm or other malicious code;
ii. sending any unsolicited offer or advertisement to another user of the Service;
iii. collecting personal information about another user or third party without consent;
iv. tampering with or disrupting any network, equipment or server connected to or used to provide the Service;
v. performing any fraudulent activity, including impersonating another natural or legal person, claiming false affiliation, accessing any other account of the Service without permission, or falsifying your age or date of birth;
vi. selling or transferring access in any other way provided in accordance with these Terms or any Materials, or any right or ability to view, access or use any Materials;
vii. by attempting to perform any of the actions described in this Section 19, or by helping or permitting any person to participate in any of the actions described in this Section 19.
20. Digital Millennium Copyright Act
20.1 DMCA Notification.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
ATTN:Legal Department (Copyright Notification)
Address: 919 N Market St Ste 950 Wilmington DE 19801
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of the material that you claim is infringing and where it is located on the Service;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
20.2 Repeat Infringers.
IWBO,Inc will promptly terminate the accounts of users that are determined by IWBO,Inc to be repeat infringers.
21. Actual changes.
The terms of this agreement are not invariable and may be amended at the discretion of IWBO, Inc at any time and any number of times. To keep track of the latest information, please check these Terms periodically for changes.
We may ask the user to re-accept the terms if the agreement contains material changes to the user's rights or obligations. In this case, re-acceptance of the changed conditions will be mandatory for further use of the service.
Significant changes are effective upon your acceptance of these modified terms.
Less significant changes are considered effective after they are posted. Except as permitted in this clause of the agreement, the conditions can only be amended with a written agreement signed by authorized representatives of the parties to the agreement.
Important: Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
22. Duration of Conditions.
The duration of the service is considered from the moment of acceptance of these conditions (or from the moment of the first download and installation, access or use of the service) until the expiration of the validity (section 23).
23. End of action.
Actions can be automatically canceled, terminated, suspended if:
i. The user has violated any provision of these terms;
ii. At the sole discretion of IWBO, Inc, at any time and for any reason, without reason, with or without notice;
iii. At the request of the user, at any time, after notifying the customer support service at firstname.lastname@example.org.
Such automatic cancellation, termination, suspension has consequences:
i. Termination of the user's license rights and immediate termination of the use of the service;
ii. Termination of authorization to access the user account;
iii. User's obligation to pay IWBO, Inc any outstanding amount due prior to termination;
iv. All payment obligations accrued prior to termination from the Sections of these Terms will remain in effect.
24. Improvements and changes.
IWBO, Inc. legally has the right to both terminate the service at any time and change it at its sole discretion (including by limiting or discontinuing certain functions of the Service), temporarily or permanently, without prior notice, and shall not be held responsible for this. liability, as well as for the suspension or termination of your access or use of the Service.
25. Compensation and cost recovery.
For any costs and inconveniences, the user agrees to reimburse IWBI, Inc to the maximum extent permitted by law, and to protect and be liable to the company itself, its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together "IWBO, Inc . Legal entities ") from and against each claim brought by a third party, or other losses, damages, liability and expenses, including attorney's fees and expenses, due to the following circumstances arising through the fault of the user:
i. unauthorized use or misuse of the Service;
ii. violation of any part of these Terms, any representations, warranties or agreements referred to in these Terms, or any applicable law or regulation;
iii. violation of any right of a third party, including any right to intellectual property or publicity, confidentiality, other property, or the right to privacy;
iv. violation of the permissible nature of the content of the Data processed by the Service;
v. any dispute or problem arising between the user and any third party.
IWBO, Inc. has the right to assume exclusive protection and control over any matter that is otherwise recoverable by the user (without limiting his obligations for damages in relation to this matter), in which case the user agrees to cooperate with our advocates of these requirements.
26. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS'' AND ON AN "AS AVAILABLE" BASIS. IWBO,Inc DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. IWBO,Inc DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE (OR YOUR ACCESS THERETO), OR ANY DATA, MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IWBO,Inc DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. IWBO,Inc IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY USER DATA, CONTENT OR TRANSCRIPTIONS, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. IWBO,Inc MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE TRANSCRIPTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR IWBO,Inc ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE IWBO,Inc ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF, USE OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IWBO,Inc does not disclaim any warranty or other right that IWBO,Inc is prohibited from disclaiming under applicable law.
27. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE IWBO,Inc ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY IWBO,Inc ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 19.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE IWBO,Inc ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO IWBO,Inc FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You understand and agree that:
c) To the extent that Data falls within the scope of the General Data Protection Regulation or the General Data Protection Regulation of the United Kingdom, the terms of the Data Processing Application in Schedule 1 to these Terms and Conditions ("DPA") apply to the processing of any Customer Personal Data (as defined in DPA).
d) The data that you enter or upload to the Service belongs to you and will remain your property.
f) IWBO, Inc may collect, create, process, transfer, store, use and disclose aggregated and / or de-identified data obtained from the Data or use of the Services ("Aggregated Data") for its business purposes, including machine learning, industry or benchmarking and analytics, and this data will not identify you.
g) Nothing in these Terms gives you any rights with respect to any part of the Service or Aggregated Data.
29. Personal responsibility.
The user alone is responsible for:
i. Data that was entered, provided, accessed or used by the user;
ii. Compliance with any privacy and data protection laws and regulations that apply to the Data or your use of the Service. You represent and warrant that you have obtained and retain all rights, consents and permissions necessary to grant IWBO, Inc the rights and licenses set forth in the terms of the agreement, and so that IWBO, Inc may exercise its rights under them without violating the rights of third parties.
30. Information security.
IWBO, Inc will use commercially reasonable security measures that are designed to protect Data in its possession or control from illegal or unauthorized access, use, alteration or disclosure.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 31, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND IWBO Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 31.)
31. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and IWBO,Inc in the most expedient and cost effective manner, and except as described in Section 31.2 and 31.3, you and IWBO,Inc agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND IWBO,Inc ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 31.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 31 within 30 days after the date that you agree to these Terms by sending a letter to IWBO,Inc, Attention: Legal Department - Adress: 919 N Market St Ste 950 Wilmington DE 19801, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once IWBO,Inc receives your Opt-Out Notice, this Section 31 will be void and any action arising out of these Terms will be resolved as set forth in Section 32. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Any arbitration between you and IWBO,Inc will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting IWBO,Inc. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
31.5 Notice of Arbitration; Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). IWBO,Inc’s address for Notice is: IWBO,Inc., 919 N Market St Ste 950 Wilmington DE 19801. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or IWBO,Inc may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or IWBO,Inc must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by IWBO,Inc in settlement of the dispute prior to the award, IWBO,Inc will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
If you commence arbitration in accordance with these Terms, IWBO,Inc will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New Castle, Delaware, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse IWBO,Inc for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
31.7 No Class Actions.
YOU AND IWBO,Inc 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. Further, unless both you and IWBO,Inc agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
31.8 Modifications to this Arbitration Provision.
If IWBO,Inc makes any future change to this arbitration provision, other than a change to IWBO,Inc address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to IWBO,Inc address for Notice of Arbitration, in which case your account with IWBO,Inc will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 31.7 or the entirety of this Section 31 is found to be unenforceable, or if IWBO,Inc receives an Opt-Out Notice from you, then the entirety of this Section 31 will be null and void and, in that case, exclusive jurisdiction and venue described in Section 32 will govern any action arising out of or related to these Terms.
32. Additional terms and explanations.
None of the users may assign or transfer these Terms or their rights in relation to these Terms, in whole or in part, by force of law or for other reasons, without our prior written consent.
We have the right to assign these Terms at any time without prior notice or consent. The terms and conditions are related but not mutually exclusive. Actions, reactions, decisions, refusals and agreements apply separately in each case and are not related to the previous ones.
Section headings are used solely for the convenience of understanding the information and do not affect the interpretation of any provision. In these Terms, the use of the word "including" means "including, but not limited to". If any part of these Terms is held invalid or unenforceable, the unenforceable portion will apply to the fullest extent possible and the remaining portions will remain in full force and effect.
These Terms are governed by and based on the laws of the State of Delaware without regard to conflict of laws principles. You and IWBO, Inc. submit to the personal and exclusive jurisdiction of the state and federal courts located in New Castle, Delaware to resolve any claims or legal proceedings permitted under these Terms. We operate the Service from our offices in Delaware and do not represent that the Materials included in the Service are appropriate or available for use elsewhere.
Your use of the Service is subject to any additional terms, policies, rules or guidelines applicable to the Service or certain features of the Service that we may post or link to on the Service ("Additional Terms"). All Additional Terms are incorporated by this link into and form part of these Terms.
The Service is offered by IWBO,Inc, located at 919 N Market St Ste 950 Wilmington DE 19801. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
Attention: Notice to Delaware Residents. If you are a Delaware resident, under Delaware Civil Code Section, you may contact Consumer Protection Unit of the Fraud & Consumer Protection Division of DELAWARE DEPARTMENT OF JUSTICE in writing at 820 N. French St. Wilmington, DE 19801, or by telephone at (302) 577-8600 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
33. Notice Regarding Apple.
This Section 33 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and IWBO,Inc only not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including:
(a) product liability claims;
(b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or
(c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights.
You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
By DPA we mean Data Processing Attachment, and consider it an integral part of these Terms of Service ("Terms") and the Agreement between the user ("Customer") and IWBO, Inc. ("Company").
This DPA applies to Processing of Customer "Personal Data" by Company to provide the Service.
Customer is a "Controller" and appoints Company as a Processor on behalf of Customer in relation to the purposes set out in this Addition A. Customer is responsible for compliance with the requirements of "Data Protection Law" (means Data Protection Directive 95/46/EC, General Data Protection Regulation (EU) 2016/679 ("GDPR"), the United Kingdom General Data Protection Regulation, and e-Privacy Directive 2002/58/EC (as amended by Directive 2009/136/EC), and their national implementations in the European Economic Area ("EEA"), Switzerland and the United Kingdom, each as applicable, and as may be amended or replaced from time to time) applicable to Controllers.
If Customer is a Processor on behalf of other Controller(s), then Customer is the single point of contact for Company; must obtain all necessary authorizations from such other Controller(s); undertakes to issue all instructions and exercise all rights on behalf of such other Controller(s); and is responsible for compliance with the requirements of Data Protection Law applicable to Processors.
Customers acknowledge that Company may Process Personal Data relating to the operation, support, or use of the Service for its own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, and compliance with law. Company is the Controller for such Processing and will Process such data in accordance with Data Protection Law. Such Processing shall not be subject to the terms of this DPA.
Terms, Applicable Terms and processing.
I. Data Subjects
The Customer ( Persons over 18 years of age, including employees of customers who use the services) "Personal Data " Processed ("Customer Personal Data" means any Data that constitutes Personal Data,the Processing of which is subject to Data Protection Law, for which Customer or Customer’s customers are the Controller, and which is Processed by Company to provide the Service) concern the following categories of "Data Subject":
1. Registration information including email address and volunteered first and last name and phone number;
2. Audio recordings stored by the user that may include personal data;
3. IP-address, cookies files.
I. Processing operations
The Customer Personal Data will be subject to the following basic Processing activities:
The IWBO.Inc services create legible notes from recorded voice conversations using proprietary technologies for automated speech recognition (ASR), keyword extraction and voice to text synchronization.
Data may be ingested directly via recording using a mobile or web application, upload of audio files or synchronization with other applications including cloud storage or online video conferencing that store or capture recorded audio.
Audio is processed in cloud infrastructure and delivered to the IWBO.Inc application where it may be consumed or downloaded in a variety of formats.
1. Company will Process Customer Personal Data to provide the Service and in accordance with Customer’s documented instructions.
2. The Controller’s instructions are documented in this DPA, the Terms, and any applicable statement of work.
3. Customers may reasonably issue additional instructions as necessary to comply with Data Protection Law. Company may charge a reasonable fee to comply with any additional instructions.
4. Unless prohibited by applicable law, Company will inform Customer if Company is subject to a legal obligation that requires Company to Process Customer Personal Data in contravention of Customer’s documented instructions.
5. Company will ensure that all personnel authorized to Process Customer Personal Data are subject to an obligation of confidentiality.
Taking into account the state-of-the-art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Company will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk including this measures:
A. Physical Access Controls
B. All User Content is processed and stored in leading commercial cloud services infrastructure in the United States.
C. IWBO, Inc works with cloud services that comply with security standards regarding managing physical access.
D. IWBO, Inc maintains separate production and development/staging environments.
E. Access to production environments is limited to system administrators and all access is logged.
F. Only selected support personnel may access User Content directly with the users explicit permission. Any requests to access User Content is approved by the system administrator.
G. All requests are logged.
H. All User Content is encrypted in transit and at rest.
I. IWBO, Inc uses HTTPS for all communication and standard encryption algorithms for stored User Content and passwords.
J. User is authenticated by password or using Google, Microsoft, or Apple login.
K. Two factor authentication may be enabled by account administrator for Teams, Zoom, WhatsApp or other accounts.
L. IWBO, Inc uses web cookies to validate signed in users.
M. IWBO, Inc have daily backup of databases and all User Content is stored in persistent storage.
N. All User Content is associated with their user ID and stored in a manner that there is no way for users to access another’s content.
Customer acknowledges that the security measures in this Addition A are appropriate in relation to the risks associated with Customer’s intended Processing, and will notify Company prior to any intended Processing for which Company’s security measures may not be appropriate.
Customer acknowledges that the security measures in this Addition A are appropriate in relation to the risks associated with Customer’s intended Processing, and will notify Company prior to any intended Processing for which Company’s security measures may not be appropriate.
Customer hereby authorizes Company to engage "Subprocessors" (means a Processors engaged by Company to Process Customer Personal Data).
A. Company will enter into a written agreement with Subprocessors which imposes the same obligations as required by Data Protection Law.
B. Customers may object to the addition of a Subprocessor based on reasonable grounds relating to a potential or actual violation of Data Protection Law by providing written notice detailing the grounds of such objection within thirty (30) days following Company’s notification of the intended change.
C. Customer and Company will work together in good faith to address Customer’s objection.
If Company chooses to retain the Subprocessor, Company will inform Customer at least thirty (30) days before authorizing the Subprocessor to Process Customer Personal Data, and Customer may immediately discontinue using the relevant part of the Service, and may terminate the relevant part of the Service within thirty (30) days.
A. Upon reasonable request, Company must make available to Customer all information necessary to demonstrate compliance with the obligations of this DPA and allow for and contribute to audits, including inspections, as mandated by a Supervisory Authority or reasonably requested no more than once a year by Customer and performed by an independent auditor as agreed upon by Customer and Company.
B. The foregoing shall only extend to those documents and facilities relevant and material to the processing of Customer Personal Data, and shall be conducted during normal business hours and in a manner that causes minimal disruption.
C. Company will inform Customer if Company believes that Customer’s instruction under this Section infringes Data Protection Law.
D. Company may suspend the audit or inspection, or withhold requested information until Company has modified or confirmed the lawfulness of the instructions in writing.
E. Company and Customer each bear their own costs related to an audit.
Taking into account the nature of the Processing, and the information available to Company, Company will assist Customer, including, as appropriate, by implementing technical and organizational measures, with the fulfillment of Customer’s own obligations under Data Protection Law to:
comply with requests to exercise "Data Subject Rights" (means Data Subjects’ rights to information, access, rectification, erasure, restriction, portability, objection, and not to be subject to automated individual decision-making in accordance with Data Protection Law);
conduct data protection impact assessments, and prior consultations with Supervisory Authorities; and notify a Personal Data Breach.
A. Company will maintain records of Processing of Customer Personal Data in accordance with Data Protection Law.
B. Company may charge a reasonable fee for assistance under this Section.
C. If Company is at fault, Company and Customer shall each bear their own costs related to assistance.
Customer hereby authorizes Company to perform "International Data Transfers" to any country deemed adequate by the EU Commission; on the basis of appropriate safeguards in accordance with Data Protection Law and Company’s "Privacy Shield" certification.
"International Data Transfer" means any transfer of Customer Personal Data from the EEA, Switzerland or the United Kingdom to an international organization or to a country outside of the EEA, Switzerland and the United Kingdom;
"Privacy Shield" means the self-regulatory framework administered by the U.S.Department of Commerce in accordance with EU Commission Implementing Decision EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (OJ L 207, 1.8.2016, p. 1-112) and as approved by the Swiss Federal Council on January 11, 2017, each as applicable, and may be amended or replaced from time to time.
Termination and return or deletion
This DPA is terminated upon the termination of the Terms.
Customers may request return of Customer Personal Data up to ninety (90) days after termination of the Terms.
Unless required or permitted by applicable law, the Company will delete all remaining copies of Customer Personal Data within one hundred eighty (180) days after returning Customer Personal Data to Customer.
Customers will send all notifications, requests and instructions under this DPA to Company’s legal department via email to firstname.lastname@example.org.
Company will send all notifications under this DPA to the Customer's contact email address.
To the extent permitted by applicable law, where Company has paid damages or fines, Company is entitled to claim back from Customer that part of the compensation, damages or fines, corresponding to Customer’s part of responsibility for the damages or fines.
C. Modification of this DPA
This DPA may only be modified by a written amendment signed by both Company and Customer.
D. Invalidity and severability
If any provision of this DPA is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the invalidity or unenforceability of such provision does not affect any other provision of this DPA and all provisions not affected by such invalidity or unenforceability will remain in full force and effect.
DELAWARE Data Processing Attachment
This DELAWARE Data Processing Attachment ("DEL DPA") is incorporated into and made part of the Terms of Service ("Terms") between you ("Customer") and IWBO, Inc. ("Company") if you are an Organization. Unless otherwise defined in this DEL DPA, capitalized terms will have the meaning given to them in the Terms. In the event of any conflict between the terms of the Terms and this DEL DPA, this DEL DPA shall prevail to the extent of such conflict.
A. Definitions. "Business Purpose," "Consumer," "Personal Information," "Selling," and "Service Provider" shall have the respective meanings given to them in the DELAWARE Consumer Privacy Act of 2018 (Del. Code tit. 6, § 12B-101 et seq.).
B. Scope. The terms of this DEL DPA shall apply only to Company’s collection, retention, use, disclosure, and sale of Personal Information governed by the DEL DPA that Customer provides to Company as a Service Provider, or Company collects from or on behalf of Customer as a Service Provider, in connection with the Services or to perform a Business Purpose ("Customer Personal Information").
C. Role. The parties acknowledge and agree that Customer appoints Company as a Service Provider to process Customer Personal Information on behalf of Customer.
D. Restrictions on Processing. Company is prohibited from (i) retaining, using, or disclosing Customer Personal Information for any purpose other than for the specific purpose of performing the Services or as otherwise permitted by the DEL DPA or the Terms and (ii) further collecting, Selling, or using the Customer Personal Information, except as necessary to perform the Services.
E. Assistance. Company will provide reasonable assistance to Customer for the fulfillment of Customer’s obligations to respond to DEL DPA data-rights requests of Consumers.
Effective April 13, 2021
Taking on the role of data controller in compliance with all applicable privacy laws.
Also, data controllers can be corporate clients, for example, in cases where IWBO, Inc has an IWBO Business or Enterprise service agreement, in which the corporate client recommends our services to users. In this case:
i. we receive and process your Personal Information on behalf of and at the direction of that client;
a) Our IWBO Meeting Assistant Application (the "Application")
c) any other specialized IWBO websites ("Website")
In the terms of this policy, "Personal Information" means any user information that can be identified with a specific person, not anonymized information.
By accepting this agreement, you give IWBO Inc the right and consent to the following actions with respect to your Personal Information described in this policy:
If for some reason you do not agree with this policy and its terms, or in the future become disagree with this policy, you should not use any services, or you should stop using them if your decision regarding this policy has changed later.
This part of the terms and conditions will list the possible types of information that IWBO, Inc may collect.
Information provided by the user.
In the process of creating an account on the service and related resources, the program will prompt you to specify:
- E-mail address
- Phone number
When choosing paid services, the following may also be involved:
- Billing address
- Billing information (not shared with IWBO and maintained by processing partner Stripe)
Information that is used by the user in the service itself, in the form of audio recordings ("Audio recordings") uploaded to the resource, text, video, images.
By contacting the services of IWBO, Inc, the user provides data for feedback and other communication:
- Phone number
- E-mail address
- Other information
- Information from the user's request
By creating or working on something in a team, and using our services with colleagues and friends, you can provide them to us:
- E-mail address
- Contact information for third parties
Important: Also, the content of the files you provide may be considered the information of third parties. For example, audio recordings.
We kindly ask you to ensure that you have permission from these third parties to upload such information to the service.
In the process of using the service, the following user information can be used:
Timestamps (access, recording, sharing, editing, deleting events)
Application usage information
Interaction with the service team
Using our Services, you provide information such as:
your IP address
UUID (we assign a unique user identifier ("UUID") to each mobile device that accesses the Services)
other information about the device (for example, type of carrier, access to our Service from a desktop or mobile platform, device model, brand, website, browser and operating system).
Information in the form:
- Profile picture
- E-mail address
- Calendar information
- Contact information of third parties
- Any information to download
We receive this information ("Platform Information") when a user connects to our services from third-party platforms, applications and providers, such as Google Calendar, iCal or other calendar programs, Google Contacts or Zoom.
Also, information from a third-party platform is transaction data from our payment processing partner Stripe. More information is available here: https://stripe.com/privacy.
- Demographic characteristics
- Characteristics of interests
- Marketing partners
We may combine this data with other information we hold about you.
Such data is not personal information, but can be obtained from it. For example demographic or statistical data. Aggregated data does not reveal your identity either directly or indirectly.
In cases where we combine or link aggregated data with your Personal Information so that it can directly or indirectly identify you, we will treat the combined data as Personal Information that will be used in accordance with this Policy.
Cookies are small files that are stored in your browser or on your device and contain information that is transmitted to your device.
This information is widely used by us and our partners to collect information about your online activities and to distinguish you from other users of our Services, to make it easier for you, measure and improve the effectiveness of our advertising.
Cookies used (and similar technologies):
There are required files to make the service available to you. Without using these files, we cannot provide a service, for example, for login, security or user authentication.
Needed when the user returns to the resource again. To personalize content and take into account user preferences.
For quality service management, support and improvement. They also help us evaluate the effectiveness of our advertising and improve it.
Third party analytics providers such as Google Analytics and Amplitude help us better understand how the service interacts with users.
We also use third-party advertising partners such as Facebook to serve ads on other sites.
The reports generated by working with partners help us to improve our Service and Website and show website trends without identifying individual visitors.
Important: You can opt out of using Google Analytics by going to https://tools.google.com/dlpage/gaoptout or in your Google Ads settings.
You can block cookies by setting your internet browser to block some or all of the cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to use our Services.
With the exception of essential cookies, all cookies will expire after a maximum of two years.
This section will explain the purposes and methods of using your Personal Information. All of the information listed below is used solely in accordance with our contractual obligations to you in order to provide you with the Services.
This may include your registration information, device information and information from third parties (for example, your username, email address).
This includes information such as audio recordings, usage information, and platform information. As well as communication information to facilitate support (for example, to recover a forgotten password).
Here we are talking about the information that is automatically collected or generated when using the service. This information can also include non-personal information, for example, information about your device, such as: device manufacturer, model and operating system, as well as the amount of free space on your device.
Important: Our patented artificial intelligence technology is trained on aggregated, impersonal audio recordings. Only with your explicit permission will we manually check certain audio recordings to further refine our model training data.
When contacting the support and feedback services of the Service, we will use your contact information and, if applicable, your usage information to support your use of the Services.
Such familiarization of users with the products and information related to the service will take place in the form of sending letters to the user's e-mail.
In the course of these communications, we use your email address, name and may process your usage information.
Important: If you do not wish to receive newsletters, you can revoke your consent at any time by following the unsubscribe mechanism at the bottom of each message.
In order to protect against fraud through our service, and to protect against any lawsuits and proceedings, or disputes, we are obliged to work to verify that users comply with our terms and legal obligations.
We can fulfill these obligations by:
i. monitoring the use of the Services to detect fraud or any other user behavior that damages the integrity of our Services
ii. protection from lawsuits or disputes
iii. taking action to eliminate the aforementioned fraud and behavior
iv. enforcing our terms and policies
In fulfilling these obligations, we may process personal information related to such a case
- Information provided by the user
- Automatically collected information
- Information from third parties
We do not guarantee the security of your data transmitted over the Internet, because such transmission is associated with certain risks. However, for our part, we use some technical, physical and managerial security measures that help us collect and store your Personal Data more reliably and holistically.
Important: Information that you transmit to third parties on third-party platforms, even if you navigate to such a platform through functions or links on our website and service, is provided directly to the operators of such websites or services and is governed by their privacy and security policies.
Some information has mandatory legal retention periods, and we adhere to these laws. The rest of the information may be retained until certain goals set out in this policy are achieved.
We take all measures to ensure that it is impossible to restore or reproduce the User's Personal Information or his electronic files after deletion.
You have the right to access data on the Personal Information that we hold for you. You can also get an explanation on its use and distribution to third parties.
If the information stored about you is not accurate or complete, we can correct it.
You have the right to request the deletion of your Personal Information.
The user may refuse to process his Personal Information for direct marketing purposes or relying on a legitimate interest.
You have the right to prohibit us from processing your Personal Information, if this does not apply to information for the purpose of storage.
You have the right to receive, in a structured, widely used and machine-readable format, the Personal Information that you have provided to us if we process it on the basis of our contract with you, or with your consent, or upon request, so that we transfer such Personal Information to a third party.
Any consent can be revoked at the discretion of the user. The lawfulness of the processing of your Personal Information prior to such revocation remains at the same time.
Please note that before answering a question about the exercise of such rights, we will require you to verify your identity or additional information (for example, why you believe the information we hold is inaccurate or incomplete), and we may also have compelling legal reasons. to reject your request, which you may be informed about in the feedback.
All questions related to additional information on how to exercise your rights, you can send to email@example.com.
To enable the globalization of the service, we may transfer, store and process your transactions with our partners and service providers located outside the country in which you are located.
The laws of the countries are different and may not be the same as the laws of your country or state.
If we transfer, store and process your Personal Information outside the EEA or the UK, we will ensure that appropriate security measures are in place to provide an appropriate level of protection, for example, by adhering to the Standard Contractual Clauses.
The Service is not a resource for children, therefore we do not collect Personal Information from children under the age of 13.
Important:If you find out that a child has provided us with Personal Information in violation of this Policy, please contact us as follows.
In disputes or if the user has complaints or questions about this Policy, please contact us immediately at firstname.lastname@example.org to resolve your issue.
This does not negate your right to file a claim with the data protection authority.
Please check this page regularly to see updates or changes to this Policy. When the policy is updated, this page will contain new information with the date of the last revision.
Attn: Privacy Officer
919 N Market St Ste 950
Wilmington DE 19801
Effective April 13, 2021
The IWBO maintains the Privacy Shield program ("Notice"), including standards and procedures for the processing of Personal Information, and therefore creates and publishes this Notice.
Our actions in this direction are fully consistent with the Privacy Shield Fundamentals and Principles. Also, IWBO complies with EU-US requirements. Privacy Shield and Swiss-USA. The United States Department of Commerce's Privacy Shield framework for the collection, use and storage of personal information transferred from the European Union, the United Kingdom, and Switzerland to the United States in accordance with the Privacy Shield.
The IWBO has confirmed to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information.
In the event of a conflict between the Policy and this Notice, this Notice shall prevail.
In the event of a conflict between this Notice and the Principles, the Principles shall prevail.
You can also check our certification, or learn more about the Privacy Shield Principles at https://www.privacyshield.gov/.
This Notice supplements our Policy. Unless otherwise stated in this Notice, terms in this Notice have the same meaning as in our Policy.
We receive and process personal information from countries of the European Economic Area (“EEA”), the United Kingdom (“UK”) or Switzerland as a controller (1) or on behalf and at the direction of our corporate clients (2):
1) As a data controller, we collect and process personal information from EEA countries, the United Kingdom and Switzerland directly from individuals (either through our public website https://4text.app, or through our mobile apps, or in connection with our relationship with customers).
2) On behalf of and at the direction of our corporate clients, we may receive and process Personal Information from the EEA, UK and Switzerland if we provide our Services in connection with a corporate agreement.
Important: In this case, such customers are data controllers, and we recommend that you familiarize yourself with their privacy policies.
The IWBO is committed to comply with the Principles for all Personal Information received from the EEA, UK or Switzerland in accordance with the Privacy Shield (which includes both types of activity).
By providing our Services as a Data Processor, our clients define the categories of Personal Information that we process and the purposes of the processing.
2. Data and goals.
Any personal information we receive may be processed by IWBO for the purposes specified in our Policy or otherwise notified to you. We will not process Personal Information in a manner incompatible with these purposes without authorized user action.
To limit the collection and use of Personal Information, and to comply with the purposes for which it was collected, as well as to ensure the reliability, accuracy, completeness and relevance of such Personal Information, we take all reasonable steps and recommend that you update your Personal Information in IWBO, for example, by contacting IWBO, as specified below or in the Policy, with a request to update or correct their Personal Information.
We will adhere to the Principles as long as we retain Personal Information collected under the Privacy Shield.
By providing our Services as a data processor, we process and store Personal Information and disclose Personal Information as necessary to provide our Services, as permitted in our agreements, or as required or permitted by applicable law.
IWBO may transfer Personal Information as described in the Policy.
If an agent processes such Personal Information in a manner inconsistent with the Principles, unless we can prove that we are not responsible for the event that caused the damage, we are responsible for the processing of Personal Information received under the Privacy Shield and subsequently transferred to a third party operating as an agent.
IWBO takes all reasonable and appropriate precautions, understanding the processing risks and the nature of Personal Information, to help protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
5. User rights.
If we intend to use your Personal Information for a purpose that is materially different from the purposes for which it was originally collected or subsequently authorized, or if we intend to disclose it to a third party acting as a Data Controller that was not previously specified, we will offer you the ability to opt out of such use and / or disclosure of information when it comes to non-confidential information, or choose an option when it comes to confidential information.
Our clients control how Personal Data is disclosed and processed to us, as well as how it is changed.
6. Appeal, enforcement and liability.
We conduct an annual self-assessment of our practice with respect to Personal Information to ensure that the statements we make about our actions are correct and that such practices have been implemented as presented.
If you have any questions or concerns, we recommend that you first write to us as indicated below. We investigate and try to resolve complaints and disputes regarding the use and disclosure of Personal Information in accordance with the Principles.
8. Contacts for communication.
If the issue cannot be resolved through the IWBO internal dispute resolution mechanism, you can file a complaint free of charge at https://www.jamsadr.com/eu-us-privacy-shield, which acts as IWBO's alternate dispute resolution provider.
For residual complaints that have not been fully or partially resolved by other means, you can invoke binding arbitration as detailed in the Principles available here: https://www.privacyshield.gov/article?id%3DANNEX-I-introduction.
Any changes to this Notice will be effective when we post the updated version on our website and can be made in accordance with the requirements of the Privacy Shield.
If you have any questions, concerns or complaints regarding our privacy practices, or if you’d like to exercise your choices or rights, you can contact us:
- via email at email@example.com (Attn: Privacy Officer)
- by mail to
Attn: Privacy Officer
919 N Market St Ste 950
Wilmington DE 19801