Terms of Service
These terms are an agreement between you and Open Communication Solutions LLC ("Open Communications", "we", "us") for the use of our website, customer portal and Playground (app.open-comms.com), and desktop app (together, the "Service"). By creating an account or using the Service, you agree to these terms and to our Privacy Policy. If you use the Service for an organization, you agree on its behalf and confirm you are allowed to.
1. What the Service does, and what it doesn't
The Service listens to the audio of calls you choose to share and shows a live transcription and machine translation on your screen.
- It is a tool, not an interpreter. Speech recognition and machine translation make mistakes: words, names and numbers (including doses, dates and amounts) can be misheard or mistranslated. Always check important information directly with the people on the call.
- Do not rely on it alone for medical, legal, emergency or other decisions where an error could cause harm. It does not replace a qualified or certified interpreter where one is required by law, policy or good practice.
- We may change, improve or discontinue features of the Service.
2. Your account
- You must be at least 18 and give a real email address you control. You sign in with a one-time code sent to that email, or with Google.
- You are responsible for activity on your account. Tell us right away at nathanielsimon@open-comms.com if you think someone else has used it.
- One person per account. Hours on an account may not be shared, transferred or resold.
3. Free trial
New accounts include a free trial of 30 minutes. The free trial is limited to one per person, device, network or organization. We may refuse or end a free trial, or close accounts, created to get repeated trials.
4. Hour packs, usage and payment
- Prices. Hour packs are sold on the Billing page at the prices shown there, in US dollars. Each purchase is a one-time payment; there is no subscription and nothing renews automatically. Prices do not include sales tax or VAT, which may be added where required.
- No expiry. Purchased hours add to your balance and do not expire while your account remains open.
- How time is counted. Time is counted for the whole time a session is running, from when you press Start until you press Stop (or switch the desktop app Off), including silence and pauses. Remember to stop the session when you are not using it. Your balance in the portal is the authoritative record of your hours.
- Payments are processed by Stripe. You agree to provide valid payment information and authorize us to charge it for the packs you buy.
- We may change prices for future purchases. Changes never affect hours you have already bought.
5. Refunds
- Unused packs: if you haven't used any of the hours from a pack, you can ask for a full refund within 30 days of purchase.
- Free trial time and hours from packs older than 30 days are not refundable, except where the law requires.
- To ask for a refund, email nathanielsimon@open-comms.com from your account's email address. Refunds go back to the original payment method.
- When a purchase is refunded, its hours (or the refunded share of them) are removed from your balance. If those hours were already used, your balance may show zero until you buy more.
- If you dispute a charge with your bank instead of contacting us, we may suspend your account while the dispute is open.
6. Calls, recordings and consent
The Service processes the voices of everyone on the calls you use it with. You are responsible for having the right to share that audio and for giving any notice or getting any consent the law requires (some places require everyone on a call to agree before it is recorded or processed). Don't use the Service on calls you are not allowed to share.
We do not currently sign Business Associate Agreements, and the Service is not offered as a HIPAA-covered service.If you handle health or other regulated information, it is your responsibility to make sure your use of the Service is allowed.
7. Acceptable use
You agree not to:
- use the Service for anything illegal, or to harass, deceive or harm anyone;
- copy, resell, rent or offer the Service to others, or share your account;
- reverse engineer the Service, get around usage limits, or create accounts to get extra free trials;
- interfere with the Service, overload it, or try to access other people's accounts or data; or
- use automated scripts to sign up or use the Service, except our own apps.
We may suspend or close accounts that break these terms. If we close your account without a good reason under these terms, we will refund the unused hours you paid for.
8. Your content
You keep all rights to the audio, transcripts, notes and terms you provide. You give us permission to process them only as needed to run the Service for you, as described in our Privacy Policy.
9. Our property
The Service, our software, website, name and logo belong to us or our licensors. These terms give you a personal, non-transferable right to use the Service while your account is in good standing, and nothing more.
10. Availability
We work to keep the Service available, but it may be interrupted for maintenance, updates or reasons outside our control, including outages at the providers we rely on. We don't promise that it will always be available or error-free.
11. Disclaimer
To the extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, including any warranty that transcriptions or translations are accurate or complete, or that the Service is fit for a particular purpose.
12. Limitation of liability
To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or business, or for decisions made based on transcriptions or translations. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim arose.
13. Indemnity
You agree to defend and compensate us for claims and costs arising from your misuse of the Service, your breach of these terms, or your failure to get any consent the law requires for the calls you use it with.
14. Ending your account
You can stop using the Service at any time and ask us to delete your account by emailing nathanielsimon@open-comms.com. Unused hours are lost when an account is deleted, except as described in the Refunds section.
15. Changes to these terms
We may update these terms. We will change the effective date above and, for significant changes, notify you by email or in the portal. If you keep using the Service after a change takes effect, you accept the updated terms.
16. Contact
Open Communication Solutions LLC
Email: nathanielsimon@open-comms.com