1) Who We Are and How These Terms Work

These Terms & Conditions (“Terms”) govern your access to and use of Verbal Scribe at https://verbalscribe.com and related services (the “Services”). The Services are owned and managed by Tracsoft Enterprises (“Tracsoft,” “we,” “our,” or “us”).

By accessing or using the Services, you agree to these Terms and our Privacy Policy (incorporated by reference). If you do not agree, do not use the Services.

Contact Us
Tracsoft Enterprises
1220 2nd Ave, Columbus, GA 31901, USA
postmaster@verbalscribe.com

2) Eligibility & Accounts

  • Minimum Age. You must be at least 13 years old to use the Services. If you make purchases or enter into subscriptions, you must be able to form a binding contract (typically 18+ in the U.S.).
  • Registration. You must provide accurate, current information and keep it updated. You’re responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorized use.

3) Acceptable Use

You agree not to:

  • Violate any law, regulation, or third-party right (including privacy, publicity, and IP rights).
  • Upload or transmit malware, spyware, or harmful code; probe or scan systems; or interfere with Service integrity or performance.
  • Scrape, harvest, or collect data except as permitted by robots.txt or our express written consent.
  • Misrepresent your identity or affiliation; or attempt to gain unauthorized access to accounts or data.
  • Use the Services for high-risk purposes (e.g., emergency services; life-support; medical diagnosis; nuclear/aviation control).
  • Upload or process sensitive data that the Services are not designed to handle (including health information subject to HIPAA, payment card data outside Stripe’s secure forms, government IDs, or children’s data).

We may suspend or terminate accounts that violate these Terms.

4) Your Content

“User Content” means content you submit, upload, record, or otherwise make available through the Services (e.g., text, audio, images, comments).

  • Ownership. You retain ownership of your User Content.
  • License to Us. You grant Tracsoft a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transcribe, modify, create derivative works (solely to operate and improve the Services), publicly display and perform (where you enable sharing), and distribute your User Content. This license ends when your content is deleted from our systems, subject to reasonable backup/archival retention.
  • Your Responsibilities. You represent and warrant that you have all rights to upload and use the User Content with the Services and that it does not violate any law or third-party right. You’re responsible for obtaining all necessary consents (e.g., recording/transcription consent where required).
  • Content Moderation. We may remove or disable content that we reasonably believe violates these Terms or the law.

5) Third-Party Services

The Services may integrate with or link to third-party services (e.g., Stripe for payments, Google Analytics/Search Console, Meta/Facebook Pixel, embedded media, hosting by Nexcess). We are not responsible for third-party services, which are governed by their own terms and policies.

6) Software License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes. You may not copy, modify, reverse engineer, or create derivative works from the Services except as permitted by law.

7) Paid Services, Subscriptions, Trials, and Taxes

  • Fees. Prices and features for paid tiers (if any) are described at checkout or within your account. We may change fees prospectively with reasonable notice.
  • Billing & Auto-Renewal. If you purchase a subscription, it will auto-renew at the end of each term at the then-current price unless you cancel before the renewal date. We’ll disclose renewal terms at checkout and in your account. You can cancel in your account settings or by contacting postmaster@verbalscribe.com; cancellation is effective at the end of the current billing period.
  • Free Trials/Promotions. If offered, trials convert to paid plans unless you cancel before the trial ends. We’ll state the trial length and renewal price at signup.
  • Refunds. Except where we state otherwise (e.g., a posted guarantee) or as required by law, fees are non-refundable and partially used periods are not prorated.
  • Payment Processing. We use Stripe to process payments. You authorize charges to your selected payment method and agree to Stripe’s terms and privacy policy. We do not store full card numbers or CVV.
  • Taxes. Fees are exclusive of taxes. You are responsible for applicable taxes, which may be charged where required.

8) Changes to the Services

We may add, change, or discontinue features (including beta/experimental features) at any time. If we discontinue material functionality of a paid feature, we’ll use reasonable efforts to provide notice and options.

9) Feedback

If you send suggestions, ideas, or other feedback (“Feedback”), you grant us a perpetual, worldwide, royalty-free right to use it without restriction or compensation.

10) Intellectual Property

The Services, including content, software, design, and trademarks (other than User Content and third-party content), are owned by Tracsoft or our licensors and are protected by IP laws. Except for the license in Section 6, no rights are granted.

11) Copyright/DMCA

If you believe content infringes your copyright, send a notice to our designated agent:

DMCA Agent
Tracsoft Enterprises – Attn: DMCA
1220 2nd Ave, Columbus, GA 31901, USA
postmaster@verbalscribe.com

Your notice must include all elements required by 17 U.S.C. §512(c)(3). We may remove content and terminate repeat infringers where appropriate.

12) Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect and use personal information and includes details on cookies, analytics, and advertising pixels.

13) Service Disclaimers

  • As-Is/As-Available. The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Accuracy & Availability. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that results (e.g., transcription accuracy or analytics) will be complete or reliable.
  • No Professional Advice. The Services are not a substitute for professional advice (legal, medical, financial, etc.).

Some jurisdictions do not allow certain disclaimers; in that case, the above applies to the fullest extent permitted by law.

14) Limitation of Liability

To the fullest extent permitted by law, Tracsoft and its affiliates, officers, employees, and agents will not be liable for: (a) indirect, incidental, special, consequential, exemplary, or punitive damages; (b) loss of profits, revenues, data, goodwill, or business interruption; or (c) aggregate liability exceeding the greater of (i) amounts you paid to us in the 12 months before the claim or (ii) $100.

These limits apply to any theory of liability, even if we were advised of the possibility of damages.

15) Indemnification

You will defend, indemnify, and hold harmless Tracsoft and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your User Content, your use of the Services, or your violation of these Terms or applicable law.

16) Communications & Electronic Notices

By using the Services, you consent to receive communications electronically (e.g., emails, in-app messages). We may provide legal notices by email or by posting on the Site. You agree that such notices satisfy legal communication requirements.

17) App Stores (if applicable)

If you access the Services via a mobile app obtained from Apple or Google, you acknowledge that Apple/Google are not parties to these Terms and have no responsibility for the app or its content. Your use must comply with the applicable app store terms. Apple and Google are third-party beneficiaries of this Section.

18) Export & Sanctions

You may not use the Services if you are located in a sanctioned country or on a U.S. government sanctions list, and you agree to comply with U.S. export and sanctions laws.

19) Termination

You may stop using the Services at any time. We may suspend or terminate access (with or without notice) if we believe you violated these Terms or the law, or for security or technical reasons. Upon termination, Sections intended to survive (including 3–5, 8–11, 13–22) will remain in effect.

20) Changes to These Terms

We may update these Terms from time to time. We’ll post the updated Terms with a new “Last Updated” date and, if changes are material, provide additional notice (e.g., email or banner). Continued use after changes take effect constitutes acceptance.

21) Governing Law; Dispute Resolution

  • Governing Law & Venue. These Terms are governed by the laws of the State of Georgia, without regard to conflict of laws. Subject to the arbitration clause below, the exclusive venue for disputes will be the state and federal courts located in Muscogee County, Georgia.
  • Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by emailing postmaster@verbalscribe.com with “Dispute” in the subject line and a brief description. If we can’t resolve it within 30 days, either party may proceed as permitted below.
  • Arbitration & Class-Action Waiver. Except for claims that qualify for small-claims court or requests for injunctive relief, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Columbus, Georgia or by video/teleconference, at the arbitrator’s discretion. You and Tracsoft waive any right to a jury trial and to participate in a class or representative action.
  • Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing postmaster@verbalscribe.com with subject “Arbitration Opt-Out” and your account email.

22) Miscellaneous

  • Severability. If any provision is unenforceable, the rest remain in effect.
  • Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • No Waiver. Failure to enforce a term is not a waiver.
  • Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
  • Entire Agreement. These Terms, together with the Privacy Policy and any order/plan details shown at checkout or in your account, are the entire agreement between you and Tracsoft regarding the Services.