General terms and conditions (GTC)

Contract Parties

Based on these General Terms and Conditions (GTC) the contract is being concluded between the User and

hereinafter known as “alugha”.

1. Object of the contract

These terms and conditions govern legally binding the use of all alugha services such as, but not limited to, website, Player, providing multilingual videos with the alugha User account. The details of each offer can be seen at the product description at the supply side.

2. Acceptance of the GTC, conclusion of the contract

By creating an alugha User account or with the first login, the User accepts the GTC as legally binding. The contract is beeing concluded in electronic commerce via the shop system, creating one or first Login into the alugha User account or through other means of distance communication such as telephone and the e-mail. The offers are a non-binding invitatio ad offerendum which may be accepted by alugha. alugha will inform the User about the acceptance of his offer via confirmation email. alugha reserves the right to refuse, without giving a reason or a separate notice.

3. alugha user account

3.1 To use all the alugha services as a video provider, a User account is mandatory.

3.2 If a User deletes his alugha User account, then alugha usually archives the account’s content for a maximum of six months, because the User account is just set to inactive at first. If the User reactivates his account again within these six months, the archived content will also be reactivated.

3.3 The User has no right to get his content archived and restored if he has deleted his account because alugha can also delete the content directly without prior archiving.

3.4 alugha reserves the right to indefinitely block or delete the User account if the User violates these GTC or applicable law. This does not constitute a claim for damages for the User. In case of a violation attributable to him, the User has no right to get the locked or deleted data restored.

3.5 If the user defaults on any payment due on this contract, alugha is entitled to block the user account until the outstanding payments have been paid in full.

4. Content restrictions, copyright, liability of users

4.1 alugha User Account must be used solely for User’s own (audio) content.

4.2 It is not permitted to store content of third parties in the alugha User account, unless the User demonstrates that he has the necessary rights. The User confirms by the storage of (audio) content inside the alugha User account that he has acquired all necessary rights of the holders of copyrights, ancillary copyrights and other rights and may freely dispose of them for posting on the Internet.

4.3 It is not permitted to save content inside the alugha User account that violates the law or is contra bonos mores.

4.4 If a prohibited content is reported to or detected by alugha, alugha will delete it and the User account may be locked by alugha (see 3.4).

4.5 If alugha should be sued or otherwise sustain damage due to illegitimate content uploaded by the User, e.g. due to copyright infringement, the User is fully liable towards alugha for the damage so caused and is committed to its replacement. alugha reserves the right to institute proceedings in criminal or civil legal action against the User in these cases.

5. Use of the contents, advertising

5.1 The user grants alugha as well as the other users the non-exclusive, sublicensable and transferable right to videos and/or audio files that have been lawfully uploaded by him/her to use the contents within the scope of the services of alugha (including their hosting) free of charge and worldwide for an unlimited period of time, even beyond the duration of the contract, their public access, reproduction, distribution, modification, display and communication, in each case in compliance with moral rights), solely for the purpose of providing and improving the service (including by using service providers) and only to the extent necessary for this purpose. This includes title, description, tags and other metadata.

5.2 If the user has enabled a video privacy setting (e.g. whitelist) or disabled embedding, the distribution of the video will be restricted according to the selection. By enabling third parties to access his video, the user grants each of these parties the non-exclusive, sub-licensable and transferable right to stream and, if applicable, embed the video (including reproduction, distribution, modification, display and playback, in each case in compliance with moral rights) free of charge and worldwide for an unlimited period of time, even beyond the duration of the contract, to the extent this is necessary and is made possible by functions of the alugha service. This includes title, description, tags and other metadata.

5.3 alugha is granted the non-exclusive, sub-licensable and transferable right to evaluate and process the (audio) files in anonymized form free of charge and worldwide for an unlimited period of time, even beyond the duration of the contract, in order to train and continuously improve the automated Speech-to-Text and Text-to-Speech as well as translation engine (AI).

5.4 The license period begins when the user sends the video to alugha and ends when the user or alugha deletes the video. Alugha may keep archive copies: (a) for a limited period of time if the user wishes to restore the video; (b) if the video is the subject of a request for deletion or other legal claim; or (c) if alugha believes in good faith that it is legally obliged to do so.

5.5 alugha is granted the right to place its own and/or third party advertisements after or during the playing time of the user videos. Likewise, alugha is entitled to display advertisements of itself and/or third parties in various forms on the alugha websites, also in the direct vicinity of the user videos.

5.6 If the user deletes or deactivates his account with alugha, but still leaves his videos previously linked to his alugha user account online on the supported video platforms, alugha is entitled to also keep these videos online on the alugha websites and also to use them for advertising according to 5.2.

5.7 If the user deletes or removes his videos, alugha will no longer use them for future projects. Promotions that have already started remain unaffected.

5.8 The user allows alugha to place a hyperlink in the video description. This hyperlink points exclusively to the pages of alugha.

6. Subscriptions and payment

6.1 Pricing

Unless you are using the free version of alugha (Beginner plan), access to alugha requires a subscription. Our pricing, details about the different plans, and limitations and available features of each plan are available at https://alugha.com/plans. If you agree to a subscription price, that will remain your price for the duration of the payment term. However, prices are subject to change at the end of a payment term, about which alugha will notify you in advance.

6.2 Contract period

The contract involves recurring/permanent services. Unless canceled, the contract is valid for a period of 3 months (Small Business plan, Influencer plan) or 12 months (Enterprise plan). If the user does not cancel the contract in time, it will automatically be renewed for an additional period of 3 respectively 12 months.

6.3 Downgrades, upgrades and changes

You may change your subscription at any time by going to your alugha account settings, whereby the change is subject to the following condition:

6.3.1 If you choose to downgrade your account, you may lose access to features or capacity of your account at the end of the subscription period. The downgrade will be effective at the end of the active subscription period, so you will not receive a refund.

6.3.2 If you choose to upgrade your account, the upgrade will become effective immediately and possible new features and capacities will be unlocked immediately. The (higher) cost incurred will be billed immediately, or pro rata for the first month, and the subscription period of the higher plan begins from this date, replacing the subscription period of your previous plan.

6.4 Payment

All plans are billed monthly on a subscription basis. There will be no downgrade refunds (see 6.3.1.) When you purchase a subscription, you explicitly authorize us (or our third-party payment processor) to charge you for such subscription through monthly transactions. During the payment process, we may ask you to supply additional information relevant to your transaction including, but not limited to, your (company) name, VAT-ID, credit card number, expiration date of your credit card, and your billing address (“payment information”). You represent and warrant their correctness and that you have the legal right to use all payment method(s) that require such payment information. When you initiate a transaction, you authorize our third-party payment processor to collect and process your payment information to complete your transaction and to charge your payment method for the selected contract (plus any applicable taxes and other fees). You may be required to provide additional information to verify your identity before you can complete your transaction (this information is requested during the payment process and is part of the payment information).

6.5 Authorization for recurring payments

When you purchase a subscription, you will be charged the applicable subscription fee at the beginning of your subscription and then each month thereafter at the applicable rate depending on the period of your subscription. The subscription fees are available at https://alugha.com/plans and can also be found in your alugha user account. Please note that the subscription fees are subject to change. However, we will notify you before we change the subscription fees. By agreeing to these terms and purchasing a subscription, you acknowledge that your subscription includes recurring payments. You are responsible for all recurring payment obligations until your subscription is canceled by you or alugha. We (or our third-party payment processor) will automatically charge you monthly in accordance with the period of your subscription, on the calendar day corresponding to the start of your subscription, using the payment informationen you have provided. If your subscription began on a day not contained in a given month (e.g the 30th of a month), we may charge your payment method on a day in the applicable month or such other day as we deem appropriate. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your subscription continues until cancelled by you or we terminate your access to, or use of, the services or the subscription in accordance with this terms.

6.6 Cancellation of subscriptions

Each party has the right to terminate the contract at any time without reason. Please note that such a cancellation becomes effective at the end of the applicable subscription period. YOU WILL NOT RECEIVE A REFUND OF PART OF THE SUBSCRIPTION FEE FOR THE SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) send an email to widerruf@alugha.com and follow any instructions we provide in response to your cancellation request, or (ii) request a cancellation via the account settings in your alugha user account. You are responsible for all subscription fees (plus all applicable taxes and other fees) incurred for the then-current period. If you cancel, you may use alugha with the user account associated with this subscription until the last paid subscription period ends. The right to extraordinary termination for good cause, in particular repeated violation of contractual obligations, remains unaffected.

7. Availability

alugha attempts to ensure a 99% availability. If alugha has sustained technical difficulties to provide the service, and cannot be held responsible, in particular as a result of force majeure, alugha has the right to withdraw from the contract with the User. The User will be informed immediately and received services, in particular payments, will be refunded to him. The User can not derive damage claims thereof.

8. Warranty

alugha guarantees an appropriate implementation of the services ordered by the User in accordance with the accepted technical standard at the time.

9. Exclusion of liability

Damage claims by the User are excluded, unless otherwise provided for the following reasons. This also applies to representatives and agents of alugha if the User raises claims for damages against them. Excluded are claims for damages by the User for injury to the life, limb, health or essential contractual obligations (cardinal obligations). Likewise, this does not apply to claims for damages based on intentional or gross negligent conduct on the part of alugha or its legal representatives or agents. In this case, the liability is limited to the replacement of the foreseeable, typically occurring damage. In addition, the statutory provisions shall apply.

10. Assignment and pledge ban

Claims or rights of the User against alugha may not be assigned or pledged without its consent, unless the User has demonstrated a legitimate interest in the assignment or pledge.

11. Change of GTC

11.1 alugha will change and adjust the terms of use from time to time. The amendments will be marked and communicated to the User in time.

11.2 If the User keeps using the alugha services after the publication of a revised version of these GTC, this shall be deemed as a binding acceptance of the amended GTC.

12. Language, place of jurisdiction and applicable law

12.1 The contract is written in German. The further implementation of the contract relationship is done in German or English language. If alugha provides a version of these GTC in a language other than German, this is merely for the convenience of the Users. Decisive for the use of alugha is always the German version. This applies in particular, if any inconsistency or conflict should exist in a different language version.

12.2 Provided the User is an enterprise, a legal entity or a special public fund, Mannheim, Germany shall be the solely place of jurisdiction for all disputes arising from the contractual relationship.

12.3 Legal relations between alugha and the User are subject solely and exclusively to the laws of the Federal Republic of Germany. If the User is a consumer, this only applies insofar as no legal requirements of the country, in which the User has his domicile or habitual residence, are limited thereby.

Date: 09/29/2014