BANAFO GENERAL TERMS
Effective date: September 2022
General Terms
Please read the following terms carefully. These General Terms are a legally binding contract between you and Banafo regarding your use of the service. The present document also contains rules and conditions for use of our websites. If you do not agree with these rules and conditions, you must immediately discontinue the use of the websites.
By clicking "I accept" or by downloading, installing, or otherwise accessing or using the service, you agree to be bound by the following General Terms, including Banafo's Privacy Policy. If you are entering into this agreement on behalf of a company or other legal entity, you declare that you have the legal authority to bind the company or the legal entity to this agreement. When we say "you" or "your," we are referring to the persons or representatives of the organizations that own an account with our service.
If you are not eligible or do not agree to these terms, then you must immediately discontinue the use of the service.
When we say "Banafo", "Company", "we", "our", or "us" in this document, we are referring to Banafo EOOD – a company duly organized under the laws of the Republic of Bulgaria, with a registered address at 120 Tintyava Str., entrance B, 1st floor, Izgrev District, 1113 Sofia, Bulgaria.
When we say "Service," we mean any product or service created and maintained by Banafo EOOD. That includes Banafo (all versions), whether delivered within web browsers, desktop applications, mobile applications, or other formats.
When you use Banafo, you are agreeing to the latest General Terms. We may update these General Terms from time to time. Whenever this happens, we will revise the "Effective date" at the top of this document. You understand and agree that you are solely responsible for reviewing Banafo’s websites in order to receive information of the updated/ latest version of the General Terms.
There may be times when we might not exercise or enforce any right or provision of these General Terms. In doing so, we are not waiving that right or provision.
These terms contain a limitation of our liability.
Banafo is not affiliated with any third parties, managing, or administrating online distribution stores (for example, but not limited to Apple App Store, Google Play Store, add-on stores, Windows store, etc.). Banafo is not liable for any third-party actions, including without limitations the third parties applying any changes to:
- their online distribution stores;
- their web addresses;
- their upload/ download policies;
- their requirements for approving applications.
Account Terms
1. Only users over the age of 16 have the right to create an account for the service provided by Banafo. If Banafo learns of any user under the age of 16, it will terminate that account immediately.
2. You are solely responsible for maintaining the security of your account and log-in details. The company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3. You are solely responsible for protecting your access to the service and your log-in details. You shall not provide them to any third party. One account with any of our services is to be used by one user. Although we are not obliged to control the compliance with this obligation, we may terminate your account in accordance with the Cancellation and Termination section and you may permanently loose access to your account and all its data.
4. You may be able to assign administrative rights to certain end users on the services, who may manage and have control over access, information, and use of the services of you and of individuals within your organization. You are fully responsible for assigning such rights. You are responsible for the correct information and setting of access and services for each end user you create.
5. Your account may be part of a linked group of accounts within your organization. You may be sharing your recordings, transcripts, and other information in your account with individuals within your organization and/ or your access group. Your access group may be able to take actions on your behalf on the services, such as editing and deleting of your transcripts, recordings, and other data and information.
6. We are not obliged to, we are not responsible, and we will not internally administer and manage our services for you.
7. When you create an end user account as a part of a linked group of accounts within your organization, you are solely responsible for obtaining preliminary consent from the respective end user regarding the necessary access to it and agreeing with these General Terms and the Privacy Policy. You could be required to provide evidence of the relevant consent upon our reasonable request.
8. You are responsible for all content posted and activity that occurs under your account.
That includes content posted and activities by others who either:
(1) have access to your log-in details; or (2) have their own log-ins under your account.
9. You may not register an account by automated or otherwise restricted methods.
10. You may not use the service for any restricted activities, such as, but not limited to: violence, terrorism, or threats thereof; child exploitation, sexualization, or abuse; hate speech; discriminatory behavior; harassment; doxing; malware or spyware; phishing or otherwise attempting fraud; spamming; infringing on intellectual property.
11. Banafo has no obligation to monitor the content you or others upload or generate while using our service. We are also under no obligation to look for signs of any restricted activities. The user is fully liable in case Banafo’s service suffers from such restricted activities.
Payments Terms
12. If you are using a free version of one of our services, we will not ask you for any payment details.
13. For paid service that offer a free trial, we explain the minimum length of that trial when you sign up. After the trial period, you need to pay in advance to keep using the service. If you do not pay, we will freeze your account, and you will lose all access to it.
14. You might be able to regain access to your account and any information you have in it by paying the due account fee. However, we cannot guarantee that your frozen account is still available. Banafo could delete your account at any time by your request or in case of a need for extra storage space.
15. If you activate a subscription to use Banafo, you are authorizing us, or our payment processing partners to periodically charge you until the cancellation of either the recurring payment or your paid Banafo account.
16. When finalizing your payment, you will be automatically redirected to the page of our payment processing partner of your choice. We work with Stripe, PayPal, and others (or Apple or Google, if you are subscribing through the Banafo mobile application), which are responsible for processing all your payments to us. We are not responsible for any wrongful information or mistakes in the payment process. In such cases, please contact the processor, responsible for your payment directly.
17. If you are upgrading from a free plan to a paid plan, we will charge your card immediately, and your billing cycle will start on the day of the upgrade. For any downgrades in the plan level, the new rate will start from the next billing cycle.
18. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority, which is the case of Banafo's profit taxes. Otherwise, you are responsible for the payment of all taxes, levies, or duties.
19. All fees are automatically due on the last day of each pre-paid subscription period.
20. Banafo reserves the right to determine pricing for the service. Our subscription fees are based on cost structures and other factors relevant to the specific circumstances when each payment is due. We can unilaterally change the due amount to reflect any change in our current financial and business strategies. We or our payment partner will give you advance notice of any such changes, which will apply to you at the beginning of your next subscription period.
21. Unless otherwise expressly agreed in either writing or the law, paid fees are not refundable.
Cancellation and Termination
22. You may stop using the service at any time. You are solely responsible to properly cancel your account by following the specific instructions we provide. An e-mail or а phone request to cancel your account is not automatically considered a cancellation. Any fees paid by you prior to your termination are not refundable.
23. All your content will be inaccessible from the service immediately after your cancellation. You can regain access to your account and any information you have in it by renewing your subscription. Recovering access to your account will only be possible if we have not deleted your account data.
24. You can cancel the service before the end of your current paid-up subscription period (month or year). In this case, your cancellation will take effect immediately, and you will not be charged again. We do not refund unused time in the last billing cycle.
25. We can terminate your account at any moment following your breach of these General Terms or any applicable law or if there has been an extended period of inactivity in your account.
26. With the limits of the law, we can temporarily disable or terminate the account to anybody at our own discretion if there is something harmful for the business, e.g., but not limited to significantly excessive usage, negative comments in public forums regarding our service and/ or company, disrespect of our support team etc.
27. In case of a violation of the clause about the restricted activities such as, but not limited to: violence, terrorism, or threats thereof; child exploitation, sexualization, or abuse; hate speech; discriminatory behavior; harassment; doxing; malware or spyware; phishing or otherwise attempting fraud; spamming; infringing on intellectual property, we have the right to terminate all your accounts immediately and notify the respective legal authorities.
28. You agree that Banafo shall not be liable to you or any third party for any termination of your account, or access to the services.
Security and Data Protection
29. When you use our service, you entrust us with your personal data. You agree that Banafo may process your data in accordance with our Privacy Policy. For information about Banafo data protection and collection practices, please read the Banafo Privacy Policy, which is incorporated herein by reference.
30. We use situation-appropriate security measures to protect the security of your
personal data. These measures may vary by the level of sensitivity of the personal data.
We also take measures to ensure that all the third-party service providers that we use for
data processing have appropriate security controls in place.
However, please keep in mind that no service is completely secure. We cannot guarantee
that unauthorized access, hacking, data loss, or a data breach will never occur. The
transfer of data through the internet will carry its own inherent risks, and we do not
guarantee the security of your data transmitted through the internet. You make any such
transfer at your own risk.
31. We are not liable for eventually data loss. You are solely responsible for keeping a copy of your important information.
32. We design our service very carefully, however, we cannot guarantee that our service will meet your specific requirements or expectations or that it has no bugs. We track the bugs reported to us and work through priority ones, especially those related to security and data protection. Keep in mind that we cannot guarantee a completely error-free service.
Please, be informed, that the Banafo beta version does not represent the final product and may contain bugs that may cause system or other failure and data loss. Any beta integrations will be automatically transitioned to the final version and data may be lost during the migration.
User Content
33. If you comply with the terms and conditions of this General Terms, Banafo grants you a non-exclusive, non-transferable, revocable right to access and use the service.
34. The service may provide a feature that allows you to record individual conversations and/ or upload recorded conversations. You are solely responsible for informing all the users, participating in a recorded conversation about the recording taking place, as well as for receiving their explicit consent before the recording. The laws regarding the notice, consent, and notification requirements of recorded conversations vary by jurisdiction and you need to follow them on a case-by-case basis.
35. Please have in mind that uploading of recordings while using mobile data could significantly increase your internet traffic and may be subject to charges by your service provider.
36. Some of the features that we offer may permit you to upload content to our service, including conversation recordings of other users, data, text, contact lists, and other digital files. You retain all copyright and any other proprietary rights that you have regarding this content.
37. You are solely responsible for the content that you upload to our service. By uploading content to our service, you affirm, represent, and warrant that:
37.1. you are the creator or owner of the content or have obtained all the necessary licenses, rights, consents, and permissions to authorize us and any user of the service to use and distribute the content;
37.2. your content and the processing of any user content uploaded by you will not (i) infringe, violate, or misappropriate any third-party rights, including any intellectual property or data protection rights; (ii) cause Banafo to violate any law or regulation.
38. You grant us the right to host, store, transfer, display, perform, modify, export, transform, reproduce, and otherwise process your content as needed to provide our service and to improve our machine learning models.
39. You may be able to add points of interest (PoI) and written notes to the conversations, stored on Banafo. This functionality may be available both during a recording with Banafo and on pre-recorded conversations, uploaded to our service. Please be aware that the contents of the added notes are also subject to these General Terms.
40. We may permit you to share specific user content or the results of processing user content outside of Banafo. You are solely responsible for obtaining the right to do so and for any potential misuse of the user content following its sharing with third parties.
41. Depending on your account type and settings, you may provide the rights to other registered or not registered users to access some of the content, stored on your Banafo account. You can check if any such permissions have been granted in your account’s settings page.
42. You understand that when using the service, you may be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, and objectionable. You agree to waive any legal or equitable rights you have or may have against Banafo regarding user content. We are not liable for the content and accuracy of the recordings and transcripts.
43. If notified by a user or content owner that any user content does not conform to these General Terms, we may investigate the allegation and determine whether to remove any user content. Banafo does not have an obligation to control and monitor any user content.
44. You provide us with the right to use your pseudonymized conversation recordings and
records for training our machine learning models. We will never use any nonpseudonymized
personal data for training purposes. You acknowledge that you have no rights in or to any
part of the service or the machine learning models trained by Banafo.
For more information regarding the data protection, please review our
Privacy Policy.
Features and Modifications to the service
45. We can develop and make available to you updated versions of our service.
46. You can update to Banafo's latest available version by following the steps described in the update settings or notifications. These updates intend to fix bugs and improve the service, or they are completely new versions. Such updates are part of your use of the service.
47. Any updated version of our service, which includes paid features, will only become available to you once you subscribe to the additional fees.
48. We reserve the right to modify or discontinue temporarily or permanently any part of our service with or without any prior notice.
49. We may terminate the support of any previous version of our service once a version update has been made available.
50. We may change our pricing policy for our products. In this case, we will give you prior notice about the changes on our websites or in another appropriate way.
51. If you want to get in touch with feedback, suggestions, and service modification ideas, you can do that at yello@banafo.com.
Intellectual Property
52. All intellectual property rights over the service arise as and remain the exclusive property of Banafo. Notwithstanding the imperative rules of the law, except for the rights expressly provided in the General Terms, Banafo does not provide any other rights over the service.
53. We claim no intellectual property rights over the content you provide to the service. All uploaded content remains yours. We can use pseudonymized data for improving our models.
54. We do not pre-screen content but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content available on the service.
55. We may mention you or your company on our websites for the sole purpose of providing reference, including about your use of our service. If you don’t agree with this, please inform us on legal@banafo.com.
56. You agree that you will not disassemble, decompile, or reverse engineer any part of the service or the applications related to it. You should also not duplicate, copy, or reuse any portion of the computer code or visual design elements without our express written consent.
57. The trademarks are the property of Banafo or another rights holder. You are not permitted to use any of Banafo’s trademarked materials without the prior written consent of Banafo or the rights holder.
58. In case of copying, reproduction, or other use of the service or any related applications other than for the purposes expressly allowed under these General Terms, you owe us a penalty of minimum EUR 50 000 for each separate violation.
59. Banafo retains the right to claim full compensation for damages, losses, and lost profits reaching more significant amounts, as well as to receive injunctive relief. This clause applies to violations by any user or third-party for whose actions the user is responsible.
60. You must not modify another website or application to falsely claim or imply that it is associated with Banafo or its service.
Liability
61. We provide you our service on an "as is" and "as available" basis. Except as explicitly
provided in these General Terms or required by law, Banafo expressly disclaims any
representations, warranties, conditions, endorsements, or guarantees of any kind, either
express or implied.
The above includes but is not limited to any conditions of quality, performance, results,
fitness for a particular purpose, including for the purpose of fulfilling any legal or regulatory
requirements.
62. Due to the specific characteristics of using machine learning models to power our
conversation transcription services, we are unable to guarantee that the service will
always function as expected. Factors such as the quality of the recording, supported
language variations and the system’s recognition of a particular voice may affect the
transcription outcome.
In order to make it more likely that you get satisfactory results out of our transcription
services, make sure that you are recording in a quiet environment and while using
appropriate equipment.
63. No advice or information provided by us or our employees or affiliates or otherwise available on our websites or communication channels creates any warranties or representations of guarantees of any kind.
64. You expressly understand and agree that we shall not be liable, in law or in equity, to you or any other third-party for any direct, indirect, incidental, lost profits, opportunity, revenue, production, business, special, consequential, punitive, or exemplary damages, including, but not limited to damages for loss of profits, goodwill, savings, fees, use, data or other intangible losses.
65. We are not liable for expenses of any kind or nature, including costs for any legal services or representation, court fees, obligations, and liabilities arising from patent infringement, product liability, as well as any other obligation for compensation.
66. The above applies even if we have been advised of the possibility of such damages, resulting from but not limited to:
- the use or the inability to use the service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- any other matter relating to these General Terms or the service, whether as a breach of contract, tort (including negligence), or any other theory of liability.
67. We shall not be liable for any delays, damages, or failure in performance due to events outside our reasonable control. The above includes but is not limited to force majeure; any external cause which cannot be influenced by us, such as wars, riots, civil or military insurrection, and political coups; natural disasters, such as earthquakes, fire, storms, floods; governmental acts and omissions; terrorism and sabotage; labor disputes; industry-wide shortages of supplies; delays in common carriers; epidemics.
68. In all cases, Banafo's liability shall be limited to the amount paid by you for the use of our service.
69. The use of our service is only possible via an internet connection and appropriate electronic equipment. We have no responsibility to provide you with either of those or to finance you acquiring them.
70. Banafo cannot control the occurrence of occasional disruptions in our service, including our website and customer support services. Therefore, we are not liable for any losses or other negative consequences arising from those.
71. If you decide to integrate Banafo with one of the supported third-party services, you agree that Banafo can transfer information to and from the applicable third-party service. Please be aware that any information, transferred to Banafo, will be subject to these Terms.
72. You also acknowledge that the third-party services are not under Banafo’s control, and we are not responsible for their use of any of the transferred information. We encourage you to learn about their privacy and security practices before connecting them with your Banafo account.
73. By following hyperlinks available on our websites, applications, or communication channel, you may access a third-party website outside of our control. We make no warranties and representations, express or implied, and accept no liability for any damage or loss related to such websites.
Amendments
74. These General Terms may be amended by Banafo at any moment which will be notified to users by publishing of the updated General Terms on our websites. We encourage you to regularly review our General Terms, and we will always indicate the date the last changes were published. If you continue to use the services after changes are posted you will be deemed to have accepted them.
Miscellaneous
75. These General Terms are governed by the laws of the Republic of Bulgaria.
76. Any disputes arising out of or concerning these terms shall be solved via amicable negotiations. If no agreement can be reached in this way, the dispute shall be resolved by the competent Bulgarian court in Sofia.
77. If any provision hereof is declared invalid by the court, such invalidation will not affect the remaining provisions of the General Terms.
78. If you have any questions or comments related to Banafo General Terms, please send them to legal@banafo.com.
These General Terms have been adopted and published in September 2022. The text of these General Terms is subject to copyright by Banafo EOOD and cannot be used or reproduced without the latter’s prior written consent.