EULA

TranscribeGlass End User License Agreement

Please carefully read this End User License Agreement (“EULA”) of TinkerTech Laboratories Private Limited (“TinkerTech Labs”, “we”, “us”, “our”) and any and all terms of use (“TinkerTech Terms of Use”) that reference this EULA before downloading or using the TinkerTech Labs companion mobile software application (“TranscribeGlass™ Mobile App” or “Mobile App”) or switching on the TranscribeGlass™ hardware device (“TranscribeGlass™ Device” or “Device”). This EULA is a legally binding contract between you, either an individual person or a single entity (“You”, “Your”) and TinkerTech Labs as of the date You download the TranscribeGlass™ Mobile App. The “TranscribeGlass Service” includes the TranscribeGlass™ Mobile App, the TranscribeGlass™ Device including associated firmware, Third Party Software services including Application Programming Interfaces (“API”) and speech-to-text models (collectively “Third-Party Software”) and any data and documentation, both online and offline that can be downloaded.

Your use of the TranscribeGlass Service is subject to this EULA. The terms of this EULA also apply to Third-Party Software unless such Third-Party Software is subject to different licensing rights.

This Mobile App operates on the iOS and Android platforms, and provides an interface that allows You to connect with the TranscribeGlass™ Device, access select third-party speech-to-text software models and services, and display the resulting text on the Device, adjust various Third-Party Software and Device settings, update the Device firmware wirelessly, display Device metadata, and provides help about the Mobile App and the Device.

By downloading the Mobile App or switching on the Device, You consent to all of the terms and conditions set forth in this EULA. You are also declaring that You have the full legal capacity to enter into this binding agreement. If You are entering into this EULA on behalf of another person, company, or other legal entity, You represent that You have the authority to bind such person, company, or entity and its affiliates to these terms and conditions.

If you do not have such authority or are not of legal age to form a binding contract with TinkerTech Labs, or if You do not agree to any of the terms of this EULA, do not download, install, copy, access, or use this TranscribeGlass™ Mobile App, or switch on the TranscribeGlass™ Device. Your use of the TranscribeGlass Service also operates as Your consent to the collection, transmission, and storage of certain standard networking information, Device usage data, and Device and Your mobile device (smartphone, tablet) information over the internet to servers controlled by TinkerTech Labs or operated by third parties on behalf of TinkerTech Labs, and may in some cases result in the automatic downloading and installation of Device firmware or updates on Your Device or Your mobile device.

License Grant
1. Use: TinkerTech Labs grants You a revocable, non-exclusive, non-transferable, non-commercial, limited license to download, install, and use the TranscribeGlass Service including the TranscribeGlass™ Mobile App to interface with and operate a TranscribeGlass™ Device for Your personal and non-commercial use only, and strictly in accordance with this EULA. Except as otherwise expressly provided for in the case of certain Third-Party Software, You may only use the Mobile App in connection with the operation of the TranscribeGlass™ Device You purchased or otherwise received lawfully as a transferee. If You desire to use the TranscribeGlass Service for commercial purposes, You must receive separate written permission from TinkerTech Labs.
2. iOS Applications: If the Mobile App is or contains an iOS application or component, the following additional terms apply to the Mobile App: TinkerTech Labs grants You a non-transferable limited license to use the iOS application for personal, non-commercial uses on any iOS-based device (including but not limited to iPhone and iPad devices) that You own or control and as permitted and restricted by the additional terms and conditions set forth by Apple Inc. (“Apple") at http://www.apple.com/legal/itunes/us/terms.html (collectively, the “Apple Terms”). iPhone, iPad, and iPod are registered trademarks of Apple. You and we acknowledge that this EULA is an agreement between You and us, and not Apple, and that, as between TinkerTech Labs and Apple, TinkerTech Labs, not Apple, is solely responsible for the Mobile App and the contents thereof. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Mobile App. You may cancel Your license to the iOS application in exchange for a full refund of the purchase price (if any) at any time and for any reason within the 90-day period following the date of Your original download. You may do this by giving notice to Apple in accordance with the terms and conditions set forth at:
  http://www.apple.com/legal/itunes/us/terms.html.
3. Restrictions: Except as otherwise expressly provided for in the case of certain third-party software components, You may not copy, sublicense, make derivative works of, transfer, or otherwise distribute the TranscribeGlass Service to any third party. Except as otherwise expressly provided in regard to certain Third-Party Software components or as otherwise expressly permitted by applicable law, You may not modify, translate, reverse assemble, reverse engineer, decompile, or disassemble the TranscribeGlass Service or any of its components without express written permission from TinkerTech Labs and You are granted no rights to authorize anyone else to modify, disassemble, translate or make any copies of the TranscribeGlass Service or its components.
4. Reservation of Rights: Except as otherwise expressly provided for in the case of certain third-party software components, no other licenses or rights shall be deemed granted by implication, estoppel, or otherwise. As between You and TinkerTech Labs, except as otherwise expressly provided for in regard to certain Third-Party Software components, TinkerTech Labs retains all applicable rights in patents, copyrights, trademarks, and trade secrets for the TranscribeGlass Service, all rights not expressly granted hereunder by TinkerTech Labs are expressly reserved by TinkerTech Labs or its licensors, and no other license or right shall be granted to You by implication, estoppel or otherwise.
Changes to this EULA

TinkerTech Labs reserves the right to modify the terms of this EULA from time to time and for any reason and will post the most current version at https:/www.transcribeglass.com/eula. If TinkerTech Labs makes material changes to this EULA, You will receive a notification via the Mobile App. The terms of this EULA and any amendment or addendum thereof shall also apply to any subsequent updates of the TranscribeGlass Service, including but not limited to firmware updates, bug fixes, patches, updates, enhancements, and new versions of the Mobile App, (collectively “Updates”) and to additional services that TinkerTech Labs may provide to You in connection with the TranscribeGlass Service unless different licensing or service terms accompany those items. If so, those different licensing or service terms shall apply. It is Your responsibility to monitor and stay informed of any changes that affect Your continued use of the TranscribeGlass Service following the modification of this EULA. Your continued use of the TranscribeGlass Service after TinkerTech Labs publishes notices of changes to this EULA indicates Your consent to be bound by the modified EULA.

Maintenance and Support:

During the Beta Trial period, TinkerTech Labs will provide You with the support described in this paragraph (hereinafter “Support”).
In TinkerTech Labs’ sole determination, Support shall comprise primarily of electronic and online support to You in order to help You locate, and on Your own, identify and correct problems with the TranscribeGlass Service and/or its components.
Email support is available by sending an email to [email protected], outlining Your support issues and/or requests, and this email ID will be monitored during TinkerTech Labs’ office business hours, which shall ordinarily be from 10.00 am through 6.00 pm Indian Standard Time, Monday through Friday. Best efforts will be made to respond as soon as possible but in any event no more than three (3) working days from the date the email was received.
Support will additionally be provided via the TinkerTech Labs website at https://www.transcribeglass.com/faqs.html and https://www.transcribeglass.com/support.html, and may include:

FAQs
How-to instructional videos
User manuals
Bug reporting facility
Feature request facility
Feedback facility

Support shall not include any support for Your hardware (such as your mobile device) or Your own access to the Internet including equipment and Internet access plans.

Your Obligations
1. Acceptable Use: You agree to use the TranscribeGlass Service only for purposes that are permitted by (a) this EULA and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India, the United States, the United Kingdom or other relevant countries). You agree that You will not engage in any activity with the TranscribeGlass Service that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, TinkerTech Labs, Apple or any wireless communications carrier. You agree that You will not use or encourage others to use the TranscribeGlass Service as accessed through the Mobile App in a way that could harm or impair others’ use of the TranscribeGlass Service. You also agree not to violate the usage limits or controls set forth by (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
2. Your Content: If You use the TranscribeGlass Service to display, perform, transmit or otherwise process any content (e.g. copyrighted music files) owned or possessed by You, You represent and warrant to TinkerTech Labs that You either own such content or have sufficient right and license under applicable law to display, perform, transmit or otherwise process such content. Furthermore, You agree that You are solely responsible for (and that TinkerTech Labs has no responsibility to You or to any third party for) any breach of Your obligations under this EULA, any applicable third-party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which TinkerTech Labs or any third party may suffer) of any such breach. You acknowledge that TinkerTech Labs has no knowledge of, and is in no way responsible for, any of Your Content.
3. Use of Third-Party Content Services: If You use the TranscribeGlass Service to run applications or services developed by a third party (e.g. a live-streaming human captioning service, speech-to-text Software Models) or that access data, content, or resources provided by a third party, You agree that TinkerTech Labs is not responsible for those applications, services, data, content, or resources. You understand that all data, content, or resources which You may access through such third-party applications and services are the sole responsibility of the person or entity from which they originated and that TinkerTech Labs is not liable for any loss or damage that You may experience as a result of the use or access of such third-party applications, data, content, or resources. You should be aware the data, services, content, and resources presented to You through such a third-party application may be protected by intellectual property rights that are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such data, services, content, or resources (either in whole or in part) unless You have been specifically given permission to do so by the respective owners. You acknowledge that Your use of such third-party applications, services, content, or resources may be subject to separate terms between You and the relevant third party. In that case, this EULA does not affect Your legal relationship with these third parties.
Privacy

The TranscribeGlass Service implements wireless Bluetooth connectivity, device management, and select access to third-party speech-to-text sources. In performing this connectivity and device management function, the TranscribeGlass Service may collect, use, transmit, and store via the internet to servers operated by third parties on behalf of TinkerTech Labs and/or display (a) information necessary or desirable to establish and manage wireless Bluetooth connectivity for the Mobile App and Device, and (b) information pertaining to Mobile App, Device and wireless device usage and diagnostic data relating to the same for purposes of debugging and improving features of the Mobile App and/or Your Device or to provide technical support or other services to You. To provide and operate the TranscribeGlass Service, TinkerTech Labs may collect certain information about You, including technical data related to Your use of the TranscribeGlass Service. We use third-party providers to help us collect and analyze this data, including Google Analytics. The TranscribeGlass Service may additionally send or retrieve other information that is either needed by TinkerTech Labs to process setup or firmware updates for the Device or otherwise needed to operate or manage features of the TranscribeGlass Service or its components. The Mobile App may check servers owned or controlled by TinkerTech Labs for any Updates available for the TranscribeGlass Service. If Updates are available, the Mobile App may either automatically download and install them or may provide You with the option of downloading and installing them. In some cases, You may not receive a separate notice before this Update feature takes effect. By using the TranscribeGlass Service, You consent to the collection, transmission, storage, and use of the above-described information and the downloading and installation of Updates for the TranscribeGlass Service. For a comprehensive account of the nature and scope of the information collected, used, transmitted, or stored by the TranscribeGlass Service, please see our Privacy Policy at www.transcribeglass.com/legal/privacy.html.

Consent to Electronic Communications and Solicitation

By downloading the Mobile App, You authorize TinkerTech Labs to send You (including via email and push notifications) information regarding the TranscribeGlass Service, such as: (a) notices about Your use of the Mobile App, including notices of violations of use; (b) updates to the TranscribeGlass Service, and new features or products; and (c) promotional information and materials regarding TinkerTech Labs’ products and services. You can review account notification settings and adjust messaging preferences, including opting in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.

No Warranty

Your use of the TranscribeGlass Service is at Your sole risk. Except as may be otherwise expressly provided in regard to certain Third-Party Software, the TranscribeGlass Service is provided on an “As Is” and “As Available” basis. TinkerTech Labs expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title non-infringement, or conformance to description. In particular, TinkerTech Labs does not warrant that it will be able to provide technical support or any other form of service to You, and TinkerTech Labs does not warrant that any software or any data used by, or any services included in, the TranscribeGlass Service will be free of errors or defects, or that use of the TranscribeGlass Service will not cause loss of data in or impair the security of Your network or computer systems, or be uninterrupted or suitable for Your requirements or for any purpose whatsoever, or that TinkerTech Labs or any third party will be available to provide support services for the TranscribeGlass Service. You agree that Your use of the TranscribeGlass Service, including any associated support or other services, is entirely at Your own risk.
The Mobile App is only available for the TranscribeGlass™ Device and will not work on other devices.

iOS Application: In the event of TinkerTech Labs’ failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price if any for the TranscribeGlass Service. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to (a) the TranscribeGlass Service and (b) any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty.
Android Application: Google expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Intellectual Property Rights and Ownership

Except for the limited license and rights granted to You under the terms of this EULA and as otherwise expressly provided for in the case of certain Third-Party Software, TinkerTech Labs remain the sole owner of all right, title, and interest in the TranscribeGlass Service. The TranscribeGlass Service and Third-Party Software are protected by international copyright, trademark, patent, and other intellectual property laws and treaties and belong to TinkerTech Labs, its licensors, and any applicable TinkerTech Labs agent and third-party contractor. You acknowledge (i) that rights in the TranscribeGlass Service and Third-Party Software are licensed and not sold to You; (ii) the TranscribeGlass Service contains proprietary and confidential information and valuable trade secrets of TinkerTech Labs, which TinkerTech Labs has entrusted to You in confidence to use only as expressly permitted herein (iii) that You shall have no rights or title in or to the TranscribeGlass Service other than the right to use it in accordance with the terms of this EULA; and (iv) that Open Source and/or Third-Party Software may be incorporated into the Mobile App provided by TinkerTech Labs.
If the Mobile App includes an iOS application, we and You acknowledge that, in the event of any third-party claim that the iOS application infringes such third party’s intellectual property rights, TinkerTech Labs, and not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Term and Termination

This EULA will continue to be in effect unless and until terminated by You or by TinkerTech Labs. If You want to terminate this EULA, You may do so by ceasing Your use of the TranscribeGlass Service. Notwithstanding anything in the foregoing to the contrary, and except as otherwise expressly provided for in the case of certain Third-Party Software, Your rights with respect to use of the TranscribeGlass Service under this EULA shall terminate automatically in the event You fail to comply with any of the restrictions on the use of the TranscribeGlass Service or with any other obligation under this EULA. Alternatively, TinkerTech Labs may, at its sole discretion, provide You with written notice of an opportunity to cure any such non-compliance, either immediately or after a cure period not exceeding thirty (30) days of the date of TinkerTech Labs’ written notice to You. Upon any termination of this EULA, except as otherwise expressly provided for in the case of certain Third-Party Software, You shall cease all use of such Software. If requested by TinkerTech Labs, You agree to provide a certificate evidencing such non-use. TinkerTech Labs may also terminate this EULA in the event it is required to do so by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless TinkerTech Labs, its affiliates, and its and their respective officers, directors, stockholders, employees, contractors, suppliers, and agents from and against any losses, claims, damages, liabilities, and/or reasonable expenses (including reasonable attorney, accountant and other expert fees and costs of investigation and litigation) arising out of (i) Your use of the TranscribeGlass Service, (ii) any breach of Your obligations under this EULA or otherwise arising out of Your use, misuse, or inability to use the TranscribeGlass Service, (iii) Your violation of any third-party rights including any intellectual property rights, and (iv) Your misuse or fraudulent use of credit and debit cards or any other payment mechanisms used in purchasing the TranscribeGlass Service and/or Third-Party Software included in the Mobile App.

Limitations of Liability

In no event shall TinkerTech Labs, its affiliates, licensors, suppliers, or its or their respective officers, directors, shareholders, employees, contractors, suppliers, or agents (collectively “TinkerTech Parties”) be liable to You or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages including any loss of profits, earnings, anticipated savings, goodwill or revenue, for any matter arising out of this EULA or Your misuse, or inability to use the TranscribeGlass Service and any associated services, regardless of whether such liability is asserted on the basis of contract, warranty, tort or otherwise; and even if TinkerTech Labs or any TinkerTech Parties may foresee or have been advised of the possibility of such damages.
In no event shall the cumulative total liability of TinkerTech Labs or any TinkerTech Parties to You or any third party for damages with respect to any claim or cause of action arising out of this EULA or Your use, misuse, or inability to use the Mobile App, Device or any associated services exceed the greater of (a) the amount of license fee, if any, paid by You for the TranscribeGlass Service, and (b) the sum of Five Dollars, regardless of whether such liability is asserted on the basis of contract, warranty, tort or otherwise; and even if TinkerTech Labs or any TinkerTech Parties may foresee or have been advised of the possibility of such damages.
If the Mobile App is or includes an iOS application, You and TinkerTech Labs acknowledge that TinkerTech Labs, not Apple, is responsible for addressing any claims by You or any third party relating to the iOS application or Your possession and/or use of the iOS application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Restrictions on Assignment

Except as otherwise expressly provided for herein or in the case of certain Third-Party Software, the TranscribeGlass Service and this EULA may not be assigned, sublicensed, sold, pledged, or otherwise transferred or allow this EULA to be assumed by a successor, whether voluntarily, by operation of law, or otherwise, without prior written consent from TinkerTech Labs. Any purported assignment or assumption made in violation of this provision shall be null and void.

Confidentiality

Excluding Third-Party Software subject to contrary free or open-source licensing rights, You agree that You shall promptly notify TinkerTech Labs in writing if You are requested or required, by any governmental agency, any judicial or administrative proceeding, or any law or regulation, to copy, transfer, reverse engineer, disassemble, or otherwise disclose any of the contents of the Mobile App or Device. In such event, TinkerTech Labs shall be entitled to object to the disclosure, seek a protective order, pursue an alternative appropriate remedy, or waive compliance with the applicable provisions of this EULA prior to the disclosure. If such protective order or other remedy is not obtained or TinkerTech Labs waives compliance with the applicable provisions of this EULA, You shall disclose only such elements of the TranscribeGlass Service as are legally required to be disclosed, and You shall use Your best efforts to ensure that confidential treatment is accorded to the TranscribeGlass Service so disclosed.

Third-Party Software Notices

The Third-Party Software included in the Mobile App is copyrighted to certain third-party licensors of TinkerTech Labs and is subject to licensing terms and conditions that differ from those set forth in this EULA. A description of Third-Party Software included in the Mobile App is set forth in Appendix A hereto.

Legal Compliance

You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.

Applicable Law

Any disputes between the parties relating to or arising out of the subject matter of this EULA shall be governed by and construed in accordance with state and federal laws as applied by courts of competent jurisdiction in the state of Delhi, India. You agree that any action at law or in equity arising out of or relating to this EULA shall be filed only in a state or federal court located in Delhi, India, and each party hereby irrevocably and unconditionally consents to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement, and waives any objection to venue of any action instituted hereunder in accordance with the provisions of this Section. Notwithstanding the foregoing, (a) if any court of competent foreign jurisdiction rules that the laws of Delhi, India shall not apply to this EULA, then the parties agree that the laws governing this EULA shall be the laws of the foreign jurisdiction in which You originally acquired the TranscribeGlass Service to the fullest extent permissible by local law, and (b) if the local law in the country or territory in which You reside or are located does not permit enforceability of foreign laws in connection with adjudication of this EULA, then the parties agree that this EULA shall be governed by and construed in accordance with such local law.

Severability

If any term, provision, or portions thereof, of this EULA, shall be found to be illegal or unenforceable, then, notwithstanding, the remaining provisions of this EULA shall remain in full force and effect, and such term or provisions shall be deemed stricken.

Notices

Any notices to TinkerTech Labs or other communications required or permitted hereunder shall be sufficiently given when (i) delivered by hand and acknowledged thereof, or (ii) sent by certified mail, postage prepaid, addressed as follows: TinkerTech Laboratories Pvt. Ltd., 30 Jor Bagh, New Delhi 110003, India; Attn: Legal.

Contact Information

If you have any questions regarding this EULA, please contact TinkerTech Labs by email at [email protected], or by mail at TinkerTech Laboratories Pvt. Ltd., 30 Jor Bagh, New Delhi 110003, India; Attn: Legal.

Waiver

Any failure or delay in exercising or enforcing any right under this EULA shall not operate as a waiver thereof; any waiver of any right under this EULA on any one occasion shall not be construed as a continuing waiver or waiver on any subsequent occasion, and any single or partial exercise of any right under this EULA shall not preclude any subsequent or further exercise of such right or of any other right under this EULA. No waiver of rights shall be effective unless in writing and signed by the party against whom the waiver may be asserted.

Entire Agreement

You acknowledge that You have read this EULA, understand it, and agree to be bound by its terms and conditions. Except as otherwise is expressly provided in regard to certain Third-Party Software subject to different licensing terms, You agree that this EULA is the complete and exclusive statement of the agreement between the parties and except as permitted or provided herein supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. There are no prior representations, warranties, or agreements between the parties relating hereto.

Survival

You acknowledge that, except for the provisions of Section 1, all other provisions of this EULA shall survive any expiration or termination of this EULA.

APPENDIX A – THIRD-PARTY SOFTWARE NOTICES
The Mobile App contains portions that are copyrighted to TinkerTech Labs. The Mobile App also utilizes as components certain Third-Party Software modules and Application Programming Interfaces (“API”) that are copyrighted to their respective authors. Some of these Third-Party Software modules are used in their original forms, and some may be used in forms that may have been modified by TinkerTech Labs. The Mobile App utilized the following Third-Party Software modules and API and their Terms of Use and Privacy Policies are provided as well:

Google Cloud Speech

Google APIs Terms of Service - https://developers.google.com/terms

Microsoft Azure Speech to Text

Microsoft Azure Service Agreement & Terms - https://azure.microsoft.com/en-in/support/legal/
Microsoft Cognitive Services Terms -
https://azure.microsoft.com/en-us/support/legal/cognitive-services-terms/

IBM WatsonTM Speech to Text Service

IBM Watson Speech to Text - IBM Cloud Additional Service Description - https://www-40.ibm.com/software/sla/sladb.nsf/8bd55c6b9fa8039c86256c6800578854/78a62403a2752f7f862583b3006435bd/$FILE/i126-6945-09_03-2019_en_US.pdf

StreamText

StreamText Terms of Service & Privacy Policy - https://streamtext.zendesk.com/hc/en-us/articles/210923403-Terms-of-Service-and-Privacy-Policy

Google Firebase Services

Terms of Service for Firebase Services - https://firebase.google.com/terms
In addition, the Mobile App utilizes some Third-Party Software modules that are governed by the terms and conditions of free or open source software licenses. None of these open source Third-Party Software modules collect any user data and are distributed under the terms of the MIT License (https://en.wikipedia.org/wiki/MIT_License).