Terms of use and of sale

Purpose

These terms govern access to the Diktun service, published by NOVA, a French limited liability company whose registered office is at 71 boulevard Raymond Poincaré, 06160 Antibes, France. Creating an account means accepting them.

What the service does

Diktun turns speech into text, formats that text, records and summarises meetings, and offers during a call answers drawn from a base you build yourself. The software installs on computers and phones, and comes with an online space.

The service changes. We may add, alter or withdraw features. If a feature you use disappears from a paid plan, we tell you at least thirty days beforehand and you may cancel at no cost.

Automatic transcription and assisted writing carry a margin of error by nature. They produce a draft, never a certified text. It is for you to read what has been written before sending it, signing it, passing it on, or acting on it.

Your account

You are responsible for keeping your credentials confidential and for what is done from your paired devices. An account is personal: sharing one between several people is what the Team plan is for.

You must be at least sixteen, or have your legal guardians' permission.

You must tell us without delay about any use of your account you do not recognise. Until you do, actions taken from your account are attributed to you.

Recording meetings: your responsibility

You alone are responsible for telling the people present that the meeting is being recorded, and for obtaining their consent where the law requires it. The rules vary by country, by region and by professional context. It is for you to know them and to follow them.

NOVA provides no means of hiding a recording and does not encourage such use. You undertake not to use the service to record a conversation without the knowledge of those taking part.

You indemnify NOVA against any third-party claim based on a recording you made in breach of these rules, including the cost of defending it.

What you undertake not to do

• Resell or redistribute the service, in whole or in part.
• Get around the allowances, automate the use of a personal account, or share a device token.
• Create several accounts in order to stack free plans.
• Transcribe content you have no right to use.
• Attempt to reach another account's data, or probe the security of the service without written agreement.
• Call on our support, human or automated, by automated means.

Abuse, suspension and account closure

We may act where use plainly falls outside what these terms provide for, or where an account generates costs unrelated to normal use.

Measures are proportionate to what we observe: a warning, a temporary limit, suspension, then closure. Except in an emergency, meaning where continued use causes us immediate harm, we warn you by email before acting and give you time to put things right.

You may contest a measure by writing to us. We look again and we answer.

Where an account is closed for breach, sums already paid are not refunded, and you have thirty days to retrieve your data before it is erased.

Where we close your account with no breach on your part, for instance because we stop the service, the unused part of your subscription is refunded pro rata.

Plans, allowances and payment

Plans and their allowances are set out on the pricing page. Prices are in euros, including VAT for consumers and excluding VAT for businesses registered for it.

The subscription is monthly and renews automatically. You may cancel at any time from your space: the service stays active until the end of the period already paid for, and nothing is charged afterwards.

Changing plan takes effect immediately. When moving up a plan, the difference is calculated pro rata.

Payment is collected by a specialist provider. We neither see nor keep your card number.

What happens when the allowance is used up

Each plan includes a number of words per calendar month, reset on the first of the month. Your usage is visible at all times in your space.

Once the allowance is used up, transcriptions are refused until the following month, or until you change plan. Nothing is billed for going over: you cannot receive an invoice higher than your subscription.

Separately from the allowance, a safety mechanism stops the service if the spend committed drifts far from what your usage suggested. It targets hijacked accounts and technical anomalies, and sits well beyond normal use. If it happens, write to us and we restore access after checking.

Free plan and right of withdrawal

The free plan lets you try the service with no card and no time limit.

For subscriptions taken out by a consumer, you have fourteen days to withdraw. By starting to use the service straight away, you ask for it to be performed before that period ends: any refund is then calculated pro rata to what has not been used.

Who owns what

The software, the site and the Diktun name belong to NOVA.

Your texts, transcripts, write-ups and entries belong to you. We claim no right over them, pass them to nobody, and do not use them to train any model.

Availability: a duty of care, not of result

We undertake to use reasonable means to keep the service available. This is a duty of care and not a duty of result: we guarantee neither continuous availability, nor the absence of error, nor any time to restore.

No availability rate is guaranteed, and no penalty or compensation is owed on account of an interruption, save under a separate written undertaking we may have given you.

Interruptions may occur for maintenance, updates or fixes. Where they are planned and last more than a few minutes, we endeavour to announce them in advance and to place them at quiet hours.

Force majeure

Neither party is liable for a failure caused by an event beyond its reasonable control which it could not avoid by appropriate measures.

This includes, without the list being exhaustive: natural disaster, fire, flood, epidemic, armed conflict, act of terrorism, a strike outside the company, a decision of a public authority, a widespread power or network failure, a large-scale cyber attack, and the prolonged failure of an infrastructure supplier or a telecommunications operator.

The obligations affected are suspended for the duration of the event. If it lasts beyond thirty days, either party may end the contract in writing, with no compensation on either side.

Dependence on providers

The service relies on third-party providers named on the processors page: hosting, transcription and writing engines, email delivery, payment collection.

Unavailability, degradation, a unilateral change or the shutdown of one of these providers may suspend all or part of the service, without this amounting to a breach on our part and without giving rise to compensation.

We endeavour to choose serious providers, to arrange fallbacks where possible, and to restore the service within a reasonable time.

Your data: retention, export and backup

Diktun is not an archiving or backup service. It keeps your content for as long as the service needs and according to the retention period you choose, which may be zero.

It is for you to keep, outside the service, a copy of any content whose loss would harm you. Export is available to you at any time from your space.

We use reasonable means of backup and security, described in the privacy policy. We do not however guarantee the absence of loss, alteration or disclosure of data arising from a technical incident, a provider failure or a malicious act by a third party.

So far as the law allows, loss of data is treated as an indirect loss within the meaning of the following article, except where it results from gross negligence or wilful misconduct on our part.

Audio recordings are never kept after transcription. They therefore cannot be returned under any circumstances, including on legal request.

Liability and cap

We are liable for direct and foreseeable loss arising from a failure on our part to meet our contractual obligations.

So far as the law allows, we are not liable for indirect loss, in particular: loss of revenue, loss of profit, business interruption, loss of customers, loss of opportunity, damage to reputation, the cost of reconstituting data, nor the consequences of a third-party claim against you.

So far as the law allows, our total liability, on all grounds combined and for all claims connected with the contract, is capped at the sums you have actually paid us over the twelve months preceding the triggering event. Where no sum has been paid, in particular on the free plan, that cap is one hundred euros.

Any action based on this contract must be brought within twelve months of the event giving rise to it.

What these limits do not cover

The exclusions and caps above do not apply, and must not be read as applying, where the law forbids it.

• Personal injury.
• Gross negligence and wilful misconduct.
• The statutory guarantees of conformity and against hidden defects owed to consumers.
• Any liability the law declares incapable of limitation.

If a provision of this contract were held void or unenforceable, the other provisions would remain in force, and the one set aside would be reduced to what the law allows rather than removed.

Termination

You may delete your account at any time. Your data is then erased on the terms described in the privacy policy.

We may suspend or close an account in the cases set out in the article on abuse.

We may also stop operating the service. In that case we tell you at least sixty days beforehand, the unused part of your subscription is refunded pro rata, and you have that time to export your data.

Changes to these terms

We may change these terms. The version that applies is the one published on the site, dated at the top of the page.

Any substantial change is announced to you by email at least thirty days before it takes effect. If it does not suit you, you may cancel at no cost during that period; the unused part of your subscription is refunded pro rata.

Governing law

These terms are governed by French law. In the event of a dispute, and failing an amicable solution, the competent courts are those of the district of NOVA's registered office, save where a mandatory provision protecting consumers states otherwise.

Before bringing any action, you may use a consumer mediator free of charge.