Terms of Use and Privacy Policy of TapeRecorder


Welcome to the taperecorder.io website (“Website”) owned and controlled by TapeRecorder OOD with the registered seat: Bulgaria, Sofia 1680, district of Vitosha, Kazbek No.59, office 10 (”TR”). Before using the Website as a user (“User(s)”) or a service available through the Website as a subscriber (“Subscriber(s)”), you are kindly requested to carefully read the following terms of use (“Terms of Use”). If a User and/or Subscriber do not accept the following Terms of Use, any use of the Website and Service available through Website is not allowed and Users and/or Subscribers shall immediately discontinue using the Website/Service.

Amending the Terms of Use

Users/Subscribers accept that these Terms of Use may be modified from time to time. The use of the Website and/or Service available through Website by a User/Subscriber will be deemed to institute the User’s/Subscriber’s acceptance of the revised Terms of Use.

Use of the Website

Users/Subscribers accept that these Terms of Use may be modified from time to time. The use of the Website and/or Service available through Website by a User/Subscriber will be deemed to institute the User’s/Subscriber’s acceptance of the revised Terms of Use.

On the Website there are information, offers and prices of the TR services. Currently, TR offers a software application development tool that enables a Subscriber to record the use of its software application by integrating TR’s software development kit (”SDK”) into the software application (“Service”). For the purposes of these Terms of Use, a party that uses the software application while the Subscriber is recording it with the use of SDK shall be referred to as a Third Party (”Third Party”).

User who chooses to use the Service shall subscribe to it (“Subscriber(s)”). Upon subscription as defined herein below, Subscriber shall gain TR’s SDK. Subscriber independently chooses the functions of its software application in which the TR’s SDK is integrated and type of information about Third Parties it shall record (“Records”). TR’s SDK saves the Records and uploads them to servers that host Website (“Servers”).

Records’s full content shall be available to a Subscriber via Subscriber’s account on the Website. By accessing its account, the Subscriber shall be able to stream, download or share Records for an unlimited number of times during a valid subscription as shall be defined below.

During the subscription process User/Subscriber must accept the Privacy Policy as it constitutes an inseparable part of the Terms of Use.

Records

The Records are collected on the Servers and are accessible via Subscriber’s account on the TR website. The Records are saved at least until the Subscriber’s Subscription is cancelled or in any other way terminated.

Depending on the functions selected by the Customer, the functions of the software application in which the SDK is integrated, and/or in which device the software application is installed, a Recording may consist of uptakes of several data points, including but not limited to a Tester’s screen, touches, views.

The Subscriber’s Records are only made available to the Subscriber unless the Subscriber explicitly elects to publish it. TR will not share the Records to anyone except the Subscriber or use the Records for any commercial purpose without the Subscriber’s prior approval.

TR may access video content Subscriber created using the SDK, however, such information cannot unveil the Third Party’s identity under no circumstances whatsoever.

Video content will be used only for the purpose of analyzing user behavior in general.

The Records is not Subscriber’s property and the Subscriber does not have absolute right to access the Records. The Subscriber only has permission to stream, download or share the Records as explicitly set out on the TR website and these Terms of Use provided that the Subscriber follows TR’s instructions and Terms of Use. The Customer must not download the Records in any other way, use Bots, or any other method, in order to get permanent access to the Records.

Obligations in relation to the collecting and processing of personal information are further defined in the Privacy Policy.

Subscription and Payment policy

In order to subscribe to a Service Subscriber must provide its full name, a valid email address and other information necessary for the subscription process. By providing the said information, accepting the Terms of Use and Privacy Policy and paying a fee provided on the Website, Subscriber enters into a valid agreement with TR (“Subscription”).

By using the Service the Subscriber accepts the following:

  1. Subscribers shall be solely responsible for keeping the subscription identifiers, the username, and the password confidential;

  2. Subscribers shall be 18 years of age or older;

  3. Subscribers shall pay a fee for a Subscription based on the prices provided on the Website at the time of entering into Subscription;

  4. Subscribers shall follow the instructions for the Service set forth on the Website; It is not permitted to sign up for the Service using Bots or other automated methods;

  5. Subscriber may authorize its employees or agents to use the Service under Subscriber’s account. The Subscriber shall make sure that such users comply with the Terms of Use. Subscriber shall not however use its account for commercial purposes namely it shall not use it acting as any kind of agent for another company or organization.;

  6. Third Party is not a party to the Terms of Use and Subscriber is therefore solely responsible for the Third Party’s rights and obligation related to the Service. Subscriber shall inform the Third Party that Records may be made when Third Party is using the Subscriber’s software application. Third Party’s personal information are processed and controlled exclusively by the Subscriber and shall accordingly be sole Subscriber’s responsibility as determined in the Privacy Policy in more details.;

  7. Subscribers are entitled to delete their account from the Website in accordance with cancelation policy below by sending a message to the TR e-mail address support@taperecorder.io.

Cancelation and Refund policy

Subscriber may cancel Subscription at any time without providing a reason. Cancelation shall become effective upon the termination of the term for which the Service is prepaid and the Subscriber agrees that there will be no refund of the prepaid price.

TR may cancel Subscription at any time without providing a reason by giving a 7 days prior notice on its Website. Cancelation shall become effective upon the termination of the term for which the Service is prepaid and the Subscriber agrees that there will be no refund of the prepaid price.

In the event that Subscriber commits a material breach of any of its obligations hereunder, TR may terminate this Agreement with immediate effect, in which case the Subscriber is not entitled to refund of any prepaid fees.

Subscription shall be extended automatically if Subscriber does not serve termination notice to TR before the expiration of the Subscription.

The Customer may at any time select another Payment Plan. If the Payment Plan is upgraded, the Customer is equally charged with a specified amount. If a less extensive Plan is selected, the Customer is equally compensated with a discount on the following Subscription.

Unlawful user behaviour

The following actions are not allowed or authorized by TR and may be unlawful under domestic or European laws, including without limitation the following:

  1. The modification, revision or decryption of any part of the Website/Service;

  2. Unauthorised hacking or attempted hacking into the IT system related to the Website/Service;

  3. Storing information about other Users/Subscribers for any purpose whatsoever;

  4. Use of the Service for any other purposes than the development of software applications or for any other use explicitly approved by TR;

  5. Creating User identifiers by means of automatic or fraudulent methods.

Exclusion of liability

By using the Website and/or Service, Users/Subscribers agree that they use the Website and/or Service exclusively at their own risk and that TR does not undertake any liability for any material or non-material damage or loss that may occur while using the Website and/or Service.

TR shall not guarantee the uninterrupted and error-free operation of the contents or functions of the Website and/or Service, the correction of errors, or that the Servers are free of any virus or other harmful component.

Users and Subscribers acknowledge that they are responsible for any damage suffered by the devices used for accessing the Website/Service, and for the service and maintenance costs of such devices.

TR takes no responsibility for Records’ lost due to technical failure beyond TR’s control.

TR shall make no warranty for any service interruption resulting from any error in the quality or any interruption of the User’s/Subscriber’s Internet connection, or any material or non-material damage or loss suffered in connection therewith.

Under no circumstances, regardless of the type of damage, shall TR and its shareholders, employees, directors, subsidiaries, affiliates, successors, assigns or suppliers be liable to pay any damages exceeding EUR 2 000.

Indemnification

Users/Subscribers shall indemnify TR for any claim or costs associated with any claim asserted by any third party attributable to a User’s/Subscriber’s breaches of these Terms of Use.

Intellectual property rights

The Users/Subscribers acknowledge that the architecture, appearance, images and content of the Website/Service are protected by copyright law and other intellectual property laws.

All the services, contents, information and applicable software (application) to be found on the Website, including without limitation, the media contents and the still pictures thereof, other images, photos, characters, names, graphics, logos, illustrations as well as software products (applications) are the intellectual property of TR or a third party which approved TR to use the same.

Accordingly, all the services, contents, information and applicable software (application) to be found on the Website are under copyright or other legal protection. It is strictly forbidden to duplicate, copy, distribute (including procedures through e-mails, facsimile or any other electronic devices), publish, modify, transmit or use on other websites or in other computer networks any service, content, information or applicable software (application) accessible on the Website unless explicitly approved in this Terms of Use.

Entire agreement

If any provision of these Terms of Use proves to be invalid or unenforceable, it shall not affect the validity of the other provisions of these Terms of Use, which shall remain in full force and effect.

Notices

Notices and/or any other communication between the Parties must be in writing in order to have legal effect. E-mail communication is under these Terms of Use considered as communication in writing.

The Subscriber is obligated to keep TR updated of its current e-mail address and other information necessary for uninterrupted communication. The Subscriber bears the risk of any damage due to information sent to a non-current or misspelled e-mail address.

Applicable law and competent jurisdiction

Bulgarian law shall govern these Terms of Use. The parties hereto will use their best endeavours to settle amicably all disputes, claims, questions or differences arising out of or relating to these Terms of Use. Any dispute, controversy or claim arising out of or relating to the Terms of Use may be submitted by either party to the exclusive jurisdiction of the competent Bulgarian court.

Effective as from October 2014

TapeRecorder

support@taperecorder.io