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Terms of Service

Last updated: January 20, 2025

1. Definitions

1.1 In these terms of use, the following terms, indicated with a capital, whether single or plural, will have the following meaning:

  • Agreement: The agreement between Bloxz Development and Customer regarding the access to and use of the Service.

  • Content: Bloxz Content and User Content.

  • Bloxz Development: The private company Bloxz Development, established and existing under the laws of the Netherlands, having its registered office in Dalfsen, the Netherlands.

  • Bloxz Content: All information, data or material in the form of text, audio, transcriptions, or any other content made available by Bloxz Development and/or its licensor(s) through the Service whether or not on a customised basis.

  • Intellectual Property Rights: All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow.

  • Service: The access to and use of services Bloxz Development provides Customer (and its Users), as set out in the Agreement.

  • SLA: The service level agreement of Bloxz Development.

  • Terms of Use: The underlying terms and conditions of Bloxz Development pertaining to the use of the Service, which form an integral part of the Agreement.

  • User: A natural or legal person who uses the Service, such as Customer's employees.

  • User Content: All information, data or material in the form of audio recordings, transcriptions, text or any other content submitted by a User through the Service.

2. General

2.1 These Terms of Use apply to all Agreements between Customer and Bloxz Development and every use made of the Service by Customer and/or User. The applicability of any general -, purchase -, delivery - and/or other conditions of Customer are explicitly and expressly excluded and shall thus not apply, unless set out differently by Bloxz Development expressly and in writing.

2.2 If at any time any provision of these Terms of Use is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms of Use and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

3. Service

3.1 Bloxz Development shall grant Customer access to the Service and shall use reasonable commercial endeavors to keep the Service operational in accordance with the Agreement and the SLA.

3.2 If Customer complies in full with all obligations pursuant to this Agreement, Bloxz Development will grant Customer and Users a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Service and the Bloxz Content.

3.3 Each and every use of the Service is at Customer's own risk and responsibility. Bloxz Development has no knowledge of and/or interference with the User Content that is made available by Customer and/or User through use of the Service. Customer is solely responsible and liable for User Content Customer and/or User provides.

3.4 Bloxz Development is at all times, without in any way becoming liable to Customer, entitled to:

  • Make procedural and technical alterations and/or improvements to the Service
  • Temporarily discontinue or limit the Service if necessary for maintenance or updates

3.5 For the use of third party services (OpenAI, Assembly AI, etc.), Customer and User are bound by the conditions for use of these services. Bloxz Development has no control over, and assumes no responsibility for the data, content, information, privacy policies, terms and conditions, and/or practices of any of these third party services.

4. Intellectual Property Rights

4.1 The Intellectual Property Rights relating to the Service, including Bloxz Content, are owned by Bloxz Development and/or its licensors. Nothing in the Agreement constitutes the transfer of any Intellectual Property Rights from Bloxz Development to Customer.

4.2 Customer and User retain the Intellectual Property Rights relating to the User Content they make available through the Service.

4.3 Customer represents and warrants that it has all rights to grant the licenses without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, Intellectual Property Rights or any other proprietary rights.

5. Privacy and Data Protection

5.1 In case Bloxz Development processes personal data when performing the Agreement, Bloxz Development will act as processor ("verwerker") within the meaning of the General Data Protection Regulation ("GDPR"). In that case, Bloxz Development and Customer will conclude a data processing agreement.

5.2 Customer will ensure compliance with all applicable data privacy and data security laws and regulations within Customer's region.

6. Fees and Payment

6.1 Customer agrees to pay Bloxz Development the fees as specified in the Agreement. All fees are in euros and exclusive of VAT and other taxes.

6.2 Payments are due within 30 days after invoice date.

6.3 After the initial term, Bloxz Development may increase the fees with prior notice.

7. Liability

7.1 Bloxz Development's total liability for direct damages shall never exceed the total amounts paid for the services in the twelve (12) preceding months.

7.2 Bloxz Development is not liable for indirect damages, including but not limited to loss of profit, revenue, business opportunities, data, or goodwill.

7.3 Without limiting the generality of the foregoing, Bloxz Development specifically disclaims any liability for:

  • The accuracy, completeness, or quality of transcriptions
  • Any decisions or actions taken based on transcription content
  • Any consequences resulting from delays or failures in transcription delivery
  • Any damages arising from the use or inability to use webhooks or API calls
  • Any unauthorized access to or alteration of Customer's transmissions or data
  • Any bugs, viruses, or similar issues that may be transmitted through webhooks
  • Any interruptions or cessation of transmission to or from our services
  • The content of any transcribed materials

7.4 Customer acknowledges that:

  • Transcription accuracy may vary based on audio quality, accents, terminology, and background noise
  • Webhook delivery and API calls may be affected by network conditions, server availability, and other technical factors beyond Bloxz Development's control
  • The Service is provided "as is" and "as available" without warranties of any kind

7.5 Customer agrees to indemnify and hold harmless Bloxz Development against any claims, damages, or expenses arising from:

  • Customer's use of transcriptions or transcription data
  • Integration or use of webhooks in Customer's systems
  • Any breach of these Terms by Customer
  • Any violation of applicable laws or regulations

7.6 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

8. Force Majeure

8.1 Force majeure includes employee illness, power interruptions, internet failures, third-party service failures, and other unforeseen circumstances.

8.2 During force majeure, Bloxz Development's obligations are suspended.

9. Fair Usage

9.1 Users are subject to the following limits:

  • Maximum of 150 recordings per day
  • Maximum recording length of 60 minutes
  • Maximum storage of 10GB per account

9.2 Bloxz Development reserves the right to suspend accounts exceeding these limits.

10. Term and Termination

10.1 The Agreement remains in force for the specified term and may be terminated with three (3) months notice.

10.2 Upon termination:

  • All rights granted to Customer will automatically terminate
  • Customer must cease all use of the Service
  • Previously paid fees are non-refundable

11. Governing Law

11.1 This Agreement is governed by Dutch law.

11.2 All disputes shall be exclusively settled by the competent court in Amsterdam.

Contact

For any questions about these Terms, please contact:

  • Email: hi@rxj.dev
  • Address: Lindekamp 3, Dalfsen, the Netherlands