General terms and conditions (GTC)

General terms and conditions of Régens Plc.

 

Please read carefully these GTC, in which RÉGENS informs the Customers about the general terms and conditions of the contract concluded between them.

If you are under the age of 18, please read these GTC together with your legal representative and make your consent only with the consent of your legal representative.

BY CHECKING “I HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY” THE GTC (OR, IN THE CASE OF A PRINTED CONTRACT, BY SIGNING ALL PAGES OF AND SUBMITTING THE GTC), THE CUSTOMER AGREES TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS.

PLEASE NOTE THAT THESE GTC CONTAIN CONDITIONS RELATED TO WARRANTY, INDEMNITY AND MODIFICATION OF THIS GTC THAT ARE DIFFERENT FROM THE PROVISIONS CONTAINED IN HUNGARIAN CIVIL LAW. PLEASE READ THESE CONDITIONS CAREFULLY.

The parts related to the additional rights of the Customer, who qualifies as a consumer, are written in italics.

1. Subject of the service

1.1. Under the terms of this contract, RÉGENS Zrt. (hereinafter referred to as RÉGENS) undertakes to provide a service involving the use of the Alrite speech recognition application for converting the audio material uploaded by the Customer into text or transcript. You can find a detailed description of the application here: https://www.regens.com/ai//terms-of-use/

RÉGENS may use subcontractors/contributors to provide the service. The service may include a mediated service.

2. Conclusion of the contract

2.1. The contract may be concluded

  • by traditional means (offline ordering and confirmation, or quotation and acceptance of quotation in person or by post); or
  • electronically (online ordering and confirmation, or quotation and acceptance of quotation via email or on the Internet); or
  • by individual contract.

The confirmation message, the offer accepted by the Customer or the contract concluded by the parties must specify whether the parties shall deviate from the terms of use of the application and specify custom terms. Unless custom terms are specified by the parties, the offer and its acceptance, as well as the order and the confirmation message, together with these General Terms and Conditions, shall constitute the contract between the parties for the use of the application.

2.2. Upon submitting a request for quotation, the Customer will receive an offer containing the price and other custom terms. For enterprises, the quotation does not include VAT. If the offer is accepted by the Customer, it must be confirmed in writing (by post, electronically or on the RÉGENS online interface), together with the acceptance of the general terms and conditions (by signing on each page and submitting the GTC or electronically, by consenting to the GTC).

If the order and the confirmation message, as well as the offer and the acceptance of the offer are the same, the contract is concluded. In the case of online completion or electronic submission, the contract is considered an electronic written contract if sent from the official email address indicated (registered) by the party.

The request for quotation, the offer or order and the confirmation message are recorded and stored. No other registration will take place. The language of the contract is Hungarian.

If any issues arise during the process of concluding the electronic contract, such as the incorrect entry of data, please contact our company directly at the contact details provided at the end of the GTC.

3. Service

3.1. The Customer shall upload – or, in case of special needs, as specified in the individual contract – the audio material (hereinafter referred to as the sample) to RÉGENS at the Customer’s own expense and risk. More information about using the application is available at this link: https://alrite.io. Please read the terms of use before ordering or accepting our offer.

The accuracy and quality of the transcription is significantly influenced by the quality of the audio material and the recording conditions (such as the quality of the microphone). Our preliminary tests have shown that the accuracy of transcription is around 90%, depending on the recording conditions.

As the service provider of the application, RÉGENS does its best to ensure that the transcription of the uploaded materials is accurate. The service provider is not liable for any direct or indirect damage related to possible errors or total or partial termination of the service, and the user may use the application at the user’s own risk.

3.2. The Customer authorizes RÉGENS to transmit and communicate to its cooperating subcontractor all information related to the performance of the service provided by the Customer to RÉGENS.

3.3. Information about the handling and storage of the audio material is contained in the privacy policy (accessible here: https://www.regens.com/ai//information-about-data-processing/.)

3.4. Conditions for the renewal of subscription:

  • If the 1-year subscription period of the Customer has not expired yet, but the time credit has been completely exhausted, the Customer is allowed to subscribe to any package in the form of a new subscription, with a subscription period of 1 year from activation.
  • If the 1-year subscription period of the Customer has not expired yet, and the time credit has not been exhausted, the Customer is allowed to subscribe to a new subscription package under the following terms:
    • If the same subscription package is purchased as the Customer’s current subscription, the newly purchased time credit will be added to the time credit available under the active subscription.
    • When switching to a higher-level subscription package (from Lite to Plus for private use, or from Prime to Premium or Professional or from Premium to Professional for business use), the remaining time credit must be weighted to the difference in minutes between the fee of the two subscription packages, and then the weighted time credit is added to the time credit of the new subscription package, to be used for the functions available under the new subscription package. The basis for the calculation of the fee is the difference between the package fees at the moment of the switchover. The Customer can find information about the difference in fees on the interface in the case of private use packages, or by requesting a quotation from the Contractor in the case of business use packages.
    • When switching to a lower-level subscription package (from Plus to Lite for private use, or from Professional to Premium or Prime or from Premium to Prime for business use), the remaining time credit must be weighted to the difference in minutes between the fee of the two subscription packages, and then the weighted time credit is added to the time credit of the new subscription package, to be used for the functions available under the new subscription package. The basis for the calculation of the fee is the difference between the package fees at the moment of the switchover. The Customer can find information about the difference in fees on the interface, or by requesting a quotation from the Contractor in the case of business use packages.

3.5. When switching to the Starter version, the time frame of the Customer’s current subscription and the functionality of the current package are no longer available (ie they are lost to the Customer: RÉGENS cannot scale the remaining time frame and cannot refund the amount for the unused time frame), the Customer can only use the functionality and the monthly renewed timeframe of the Starter version.

3.6. The service may not be resold to another person, and the contract cannot be transferred, meaning that individual subscribers may use the service only for the individual’s own purposes, while legal entity subscribers may use the service in the context of its own activities through the entity’s employees or contractual contributors. For any other use or demand, please contact us for a custom quotation. Private entrepreneurs who wish to use the application to support their business need to purchase a business license.

4. General commitment fees and deadlines

4.1. Deadlines do not include Saturdays, Sundays, public holidays and delivery or pick-up days. Furthermore, deadlines do not include any period of time for which RÉGENS cannot start the transcription due to an error, incompleteness, damage or other transmission error in the audio material, provided that RÉGENS notifies the Customer thereof.

4.2. The usage fee of the application as well as the commitment fee and duration of transcription are included in the accepted offer or the confirmation of the order. It is necessary for the operation of the application that the Customer pays the fee and that it is credited to the bank account of RÉGENS, unless, due to individual needs, the parties have agreed otherwise. In this case, the parties shall agree about the deadline, the fee and the launching date of the application in the offer and its acceptance or in the individual contract.

The application can be started and operated within 2 working days after the commitment fee is credited to the bank account of RÉGENS. The Customer will be informed when the application can be started.

5. Conditions of payment

5.1. The method of payment is by bank transfer or by entering a credit card number online (mail order). The transfer must be made to the bank account number 10700079-02430207-51100005, of RÉGENS. In case of custom conditions, the deadline and possible schedule of the payment are included in the individual contract or offer. The general payment deadline is 8 days.

5.2. The Customer acknowledges that, in case of late payment, the Customer is obliged to pay late payment interest calculated as per Act V of 2013.

5.3. The Customer can settle the subscription fee on the OTP SimplePay interface by secure online credit card payment, through the Customer’s own PayPal account or by transfer.

5.4. The Customer acknowledges that the Customers following personal data, stored by Régens Zrt. (1117 Budapest, Prielle Kornélia u. 19/D) as data controller in the Alrite (https://alrite.io) user database, will be transmitted to OTP Mobil Kft. as data processor. The scope of the data transmitted by the data controller: name and email address.
The nature and purpose of the data processing activity performed by the data processor is included in the SimplePay Data Management Information under the following link:
http://simplepay.hu/vasarlo-aff

6. Faulty, performance, liability, compensation

6.1. As regards its obligation to handle quality objections related to possible faulty performance, as well as to provide compensation, correction or price reduction, RÉGENS undertakes to be guided by Act V of 2013 on the Civil Code, as follows:
RÉGENS accepts objections within 5 working days from the receipt of the transcript by the Customer.

The Customer acknowledges that, since the transcript is not entirely accurate, and its quality depends on the quality of the audio material and the conditions of the recording, the Customer is not entitled to claim damages for faulty transcription from RÉGENS.

6.2. RÉGENS shall not be held liable

  • for any damage and expenses arising from untrue statements made as part of the request for quotation or in other circumstances;
  • if the Customer failed to fulfill its obligation to cooperate, or failed to fulfill its obligation as expected;
  • for delays and damage due to material or technical errors in the audio material;
  • for any damage resulting from incorrect sending of the sample or loss, damage or destruction during sending;
  • for damages resulting from infringing content included in the sample; or
  • for any other late performance or damage resulting from conduct not attributable to RÉGENS.

RÉGENS undertakes to compensate any proven damage up to the amount of the commitment fee. No damages can be claimed or any other claims can be made on the basis of faulty performance beyond six months from the date of performance.

RÉGENS limits its liability for damages due to the fact that the service it provides is not based on scientific precision, but at the examination of a sample at a given moment, and that RÉGENS has informed the Customer about the facts that the quality of the audio material significantly affects the transcription and that the application had been accessible to users as a free DEMO before it was launched live.

The Customer understands and accepts to be bound by the above unusual terms and conditions for damages and claims submission.

7. Termination of the contract

7.1. The contract concluded between the Customer and RÉGENS under the above terms is concluded for a definite period of time, which is until the performance of the service/consideration specified in the offer and its acceptance (or in the individual contract). The parties may amend or terminate the contract in writing by mutual agreement at any time.

7.2. The Customer is entitled to withdraw from the contract or terminate the contract at any time, with compensation for the proven costs and damage of RÉGENS. However, if the application is launched or – in case of an individual contract – the audio material is submitted, RÉGENS shall be entitled to receive the commitment fee, unless RÉGENS fails to provide the service before the contractual deadline expires and is not able to legally excuse itself, or is otherwise in serious breach of this contract.

If the Customer has ordered the application for a definite period of time and for a certain number of transcriptions, RÉGENS shall be entitled to receive the commitment fee even if the Customer fails to use the transcription service, in full or in part.

By submitting an order after having received and studied the quotation sent by RÉGENS, the Customer, who qualifies as a Consumer, shall request, consent to and authorize RÉGENS to start the performance before the right of withdrawal or cancellation established in Government Decree no. 45/2014 (II. 26.) expires. RÉGENS shall inform the Customer that the performance will be started immediately after the receipt of the commitment fee. The Customer, who qualifies as a Consumer, acknowledges and accepts that he or she loses his or her right of cancellation without notice within 14 days established in Section 20 of the Government Decree after the service is fully performed.

7.3. RÉGENS may terminate the contract if the Customer fails to fulfill its obligations under the contract or otherwise seriously breaches the contract. RÉGENS is not obliged to launch the application or start the transcription until the commitment fee has been credited to its bank account, unless the parties have agreed otherwise in writing.

8. Validity and scope of the contract and scope of the general terms and conditions

Unless otherwise agreed, the fulfillment of orders is subject to the General Terms and Conditions stated here, in addition to what is stated in the order, the confirmation message (offer and its acceptance) and the individual contracts. If the conditions contained in the individual contract, the custom offer and its acceptance or the individual order and confirmation message are different from or contrary to the conditions contained in these GTC, the conditions contained therein shall apply to the legal relationship between the Customer and RÉGENS.

These General Terms and Conditions are valid until revoked. If the General Terms and Conditions are amended, RÉGENS shall inform the Customer 30 days before the amendments enter into force. If the Customer does not wish to accept the amended terms and conditions, the General Terms and Conditions accepted by the Customer shall remain in force during the term of the contract. If the Customer fails to provide a reply, the parties shall consider that the Customer has accepted the amendment.

9. Final provisions

9.1. The parties are obliged to cooperate closely with each other to ensure the performance of the contract and to inform each other without delay about any problems that may hinder, limit or delay the performance. Emails sent/received at the registered email address of the Customer also count as written information or communication under the contract.

9.2. The Customer and RÉGENS are obliged to keep any business secrets that comes to their knowledge during the performance of the contract, as well as any other data, information or fact whose acquisition by unauthorized persons would harm or endanger the interests of the parties or any third party. Also, the Customer and RÉGENS shall refrain from any conduct that damages or may damage the reputation of the other party or any third party, or which may cause harm to any economic interest.

9.3. If any dispute arises between the parties regarding the contract concluded or the performance, the parties shall try to settle it amicably. If the dispute cannot be amicably settled, the parties agree that, depending on the value limit, the Budapest 2nd and 3rd District Court of Justice shall have jurisdiction or, in the case of different competence, the general rules included in the Code of Civil Procedure Pp shall apply.
Issues not regulated in this contract shall be governed by Hungarian law, primarily by Act V of 2013 on the Civil Code and the legislation in force, especially Act CVIII. of 2001 on certain aspects of electronic commerce services.

9.4. RÉGENS has not implemented a code of conduct. RÉGENS shall inform the Consumers that they are cooperating with the authority in the Conciliation Board procedure, whose decision the company will adopt as a recommendation.

9.5. Subscribers may file complaints at the following bodies:

Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99.
Phone: (1) 488-2131
Fax: (1) 488-2186
Name: Dr György Baranovszky
Email: bekelteto.testulet@bkik.hu

In consumer protection matters:
Budapest XI District Authority
Registrar: Dr. Beatrix Pintér
Address: 1113 Budapest, Bocskai út 39-41.
Phone: +361-8964379
Email: titkarsag@11kh.bfkh.gov.hu

Under the European Regulation on the Online Settlement of Consumer Disputes, the consumer has the right to use an alternative online dispute resolution forum, which can be accessed at the link below:
http://ec.europa.eu/odr

9.6. Company information and contact information:

Company name: Régens Zrt.
Company registration number: Metropolitan Court of Budapest, 01-10-044363
Tax ID: 12485727-2-43
Headquarters: 1117 Budapest, Prielle Kornélia u. 19/D
Phone: +36 1 205 3090
Fax: +36 1 205 3094
Email: support@alrite.io
Website: www.regens.com
Submission of complaints, support: working days from 9 AM to 4 PM support@alrite.io
Hosting provider information: Magyar Telekom Nyrt. (headquarters: 1097 Budapest, Könyves Kálmán krt. 36.; company registration number: 01-10-041928; tax ID: 10773381-2-44;)

Date: Budapest, 03/02/2020

Updated: Budapest, 17/02/2022