Effective Date: 13 November 2024
Welcome to AURALIT-i, a service operated by Bioscience and Technology Holdings PTY (Ltd), trading as Vital Pursuit ("we," "us," or "our"). These Terms and Conditions ("Terms") establish a legally binding agreement between you ("User," "you," or "your") and Vital Pursuit regarding the access and use of the AURALIT-i application and related services (collectively, the "Services").
By accessing or utilizing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, you must refrain from using our Services.
We reserve the right to terminate or restrict your access to the Services at our discretion for any violations of these Terms or applicable laws.
AURALIT-i is an advanced audio-to-document processing platform that leverages artificial intelligence ("AI") to assist professionals, particularly in healthcare, with document creation from audio recordings. The Services are designed to improve operational efficiency and documentation precision through innovative technology.
Geographic Availability: Our Services are primarily available within Sub-Saharan Africa, and usage is subject to compliance with all relevant local laws and regulations.
User Responsibility: You are responsible for ensuring that your audio recordings are in compatible formats supported by our Services and that the content complies with these Terms and all applicable laws.
Legal Capacity: By registering for an account, you represent that you are at least 18 years old and capable of entering into legally binding contracts.
Accuracy of Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
Confidentiality: You are responsible for maintaining the confidentiality of your account credentials, including your username and password.
Two-Factor Authentication: Access to account services requires two-factor authentication to enhance security.
Unauthorized Access: You agree to notify us immediately at info-officer@auraliti.app of any unauthorized use of your account or any other breach of security.
Liability for Account Activities: You are responsible for all activities that occur under your account, whether or not authorized by you.
Plan Options: We offer multiple subscription tiers with varying features and limits, as detailed on our Subscription Plans page.
Payment Terms: Subscription fees are billed monthly in advance. All fees are non-refundable, except as required by law or specified in these Terms.
Auto-Renewal: Subscriptions will automatically renew at the end of each billing cycle unless canceled by you prior to the renewal date.
Payment Gateway: All transactions are securely processed via our payment gateway partner. By providing your payment information, you authorize us to charge the applicable fees to your payment method.
Accuracy of Payment Information: You are responsible for ensuring that your payment details are accurate, complete, and up to date to avoid service interruption.
Failed Payments: If a payment fails, we may suspend or terminate your access to the Services until payment is successfully processed.
User Content: You retain ownership of all content you create or upload to the Services, including audio recordings, transcripts, documents, and any other materials ("User Content").
License to Us: By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable right to use, process, store, and transmit your User Content solely for the purpose of providing the Services.
Compliance with Laws: You represent and warrant that you have all necessary rights and permissions to upload the User Content and that such content does not violate any laws or third-party rights.
Client Consent: If you upload content containing personal or sensitive information about third parties (e.g., clients or patients), you represent that you have obtained all necessary consents and authorizations as required by applicable laws, including but not limited to the Protection of Personal Information Act (POPIA).
Content Removal: You may create, download, store, and delete your User Content at your discretion through the features provided in the Services.
Service Access: Subject to these Terms, we grant you a limited, non-transferable, non-exclusive license to access and use the Services for your internal business purposes.
Professional Review: You acknowledge that AI processing may lead to variability in results. It is your responsibility to review and, if necessary, edit the processed documents to ensure accuracy and compliance with professional standards.
You agree not to:
Illegal Use: Use the Services for any unlawful purpose or in violation of any local, state, national, or international law.
Inappropriate Content: Submit or transmit any content that is defamatory, obscene, pornographic, invasive of privacy, abusive, illegal, or otherwise objectionable.
Disruption: Interfere with or disrupt the integrity or performance of the Services.
Unauthorized Access: Attempt to gain unauthorized access to any portions of the Services or any systems or networks connected to the Services.
Reverse Engineering: Copy, modify, create derivative works of, reverse engineer, decompile, or disassemble any part of the Services.
We reserve the right to:
Content Review: Monitor User Content to ensure compliance with these Terms and applicable laws.
Action on Violations: Remove or refuse to post any User Content and suspend or terminate access to the Services for violations of these Terms.
Your privacy is important to us. Our data collection, use, and disclosure practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.
Encryption: We employ robust encryption protocols (SSL/TLS) to protect data during transmission, and data is encrypted at rest by our third-party service providers.
Data Retention: We retain personal information on all active subscription plans. All inactive subscription plan data will be retained for a maximum of 90 days after the termination or non-payment of active subscriptions.
Monitoring: User interactions with our Services are monitored for security and operational efficiency.
Service Providers: We utilize third-party service providers, such as AWS and OpenAI, which may process, store, or transfer data outside of South Africa.
Consent to Transfer: By using the Services, you consent to the processing, storage, and transfer of data in jurisdictions outside South Africa, assuring that data handling complies with regulations equivalent to or more stringent than South African data protection laws.
Disclosure: Information regarding third-party providers that may handle user data will be disclosed to users as applicable.
Business Associate Agreement (BAA): We have a BAA with OpenAI to ensure secure and compliant processing of personal and sensitive data, including compliance with the Health Insurance Portability and Accountability Act (HIPAA).
Zero Data Retention: OpenAI operates under a Zero Data Retention policy for all API endpoints utilized by the AURALIT-i application.
Content Moderation: All data returned by the OpenAI API is checked by OpenAI's Content Moderation API, and we log moderation results to monitor any harmful abuse of our application services.
Our Property: All rights, title, and interest in and to the Services, including but not limited to software, technology, algorithms, content, trademarks, logos, and service marks ("Intellectual Property"), are owned by Vital Pursuit or its licensors.
License to You: We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Intellectual Property solely in connection with your permitted use of the Services.
You agree not to:
Unauthorized Use: Use, reproduce, modify, or create derivative works of the Intellectual Property except as expressly authorized in these Terms.
Infringement: Infringe or violate our Intellectual Property rights or those of any third party.
Service "As-Is": The Services are provided on an "as-is" and "as available" basis without warranties of any kind, either express or implied.
No Warranty: We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Exclusion of Damages: To the fullest extent permitted by law, Vital Pursuit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of the Services.
Maximum Liability: In no event shall our total liability exceed the amount you have paid to us in the six (6) months preceding the event giving rise to the liability.
You agree to indemnify, defend, and hold harmless Vital Pursuit, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Breach of Terms: Your violation of these Terms.
Unauthorized Use: Any use of the Services other than as expressly authorized in these Terms.
Third-Party Rights: Your violation of any third-party rights, including intellectual property rights or privacy rights.
These Terms and any disputes arising under or related to these Terms or the Services shall be governed by the laws of the Republic of South Africa, without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa for the resolution of any disputes arising out of or relating to these Terms or the Services.
Negotiation: Parties shall first attempt to resolve any dispute informally through good-faith negotiations.
Mediation and Arbitration: If a dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to seek resolution through mediation or binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
Costs: Each party shall bear its own costs, and the parties shall share the costs of mediation or arbitration equally unless otherwise awarded by the mediator or arbitrator.
We reserve the right to modify or update these Terms at any time. Any changes will be effective upon posting the updated Terms on our website.
Notification of Changes: We will notify you of significant changes via email or through a notice on our website or Services.
Acceptance of Changes: Your continued use of the Services after any such modifications shall constitute your acceptance of the new Terms.
Electronic Notices: You agree to receive communications from us electronically, such as emails or notices posted on the Services.
Contact Information: It is your responsibility to keep your contact information up to date to receive important notifications.
Customer Support: If you have any questions or need assistance with the Services, please contact our support team at support@auraliti.app or +27 (0)86 861 9520.
Response Time: We strive to respond to all inquiries within two (2) business days.
Definition: "Confidential Information" means any non-public information disclosed by us to you that is designated as confidential or that should reasonably be understood to be confidential.
Obligations: You agree to maintain the confidentiality of our Confidential Information and not to disclose it to any third party without our prior written consent.
Exclusions: Confidential Information does not include information that is publicly available, independently developed without use of Confidential Information, or rightfully obtained from a third party.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, along with the Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Vital Pursuit concerning the Services.
You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may assign these Terms without restriction.
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disturbances, or interruptions in telecommunications or internet services.
You are encouraged to review our Instructions for Use to understand how to effectively utilize the Services.
Client Selection: Ensure you have selected the appropriate client profile before recording or uploading audio.
Audio Recording and Uploading: Use the built-in recorder or upload compatible audio files. Follow on-screen prompts for optimal results.
Transcription and Document Creation: Utilize the transcription features to convert audio to text and create formatted documents using available templates.
Voice Editor: Make edits using the Voice Editor, providing clear and precise instructions for modifications.
Language: Default document language is English (en). The best results are obtained using English in voice recordings.
Quality of Input: For best results, use a dedicated microphone, limit background noise, and speak clearly when recording.
Specific Instructions: When using voice commands for editing, ensure that your instructions are specific and unambiguous.
Data Accuracy: Review and verify all transcriptions and documents for accuracy and completeness.
You may terminate these Terms by closing your account at any time. Upon termination, you must cease all use of the Services.
We may suspend or terminate your access to the Services at our discretion, without notice, for:
Breach of Terms: Violation of these Terms or any applicable laws.
Inactivity: Extended period of inactivity exceeding 90 days after last subscription payment.
Compliance with Legal Obligations: To comply with legal requirements or as otherwise set forth in these Terms.
Upon termination:
Access Rights: Your right to access and use the Services will immediately cease.
Data Deletion: We may delete your User Content and account data, except as required to be retained under applicable laws or our Privacy Policy.
Our Services are not intended for the use by individuals under 18 years of age.
Parental Consent: Users under 18 must have permission from their parent or guardian to use our Services.
No Collection of Children's Data: We do not knowingly collect personal information from users under the age of 18. If we become aware of such data, we will take steps to delete it promptly.
External Links: The Services may contain links to third-party websites or services that are not owned or controlled by us.
No Endorsement: Inclusion of any link does not imply endorsement by Vital Pursuit.
User Responsibility: You access third-party websites at your own risk. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback").
Last Updated: 13 November 2024
By using AURALIT-i, you acknowledge that you have read and agree to these Terms and Conditions.