Terms and Conditions

1.1 "Service" means the AI-powered transcription software platform provided by EchoFelix, including all features, updates, and associated services.

1.2 "User" means the law firm, attorney, or legal professional subscribing to the Service.

1.3 "Client Data" means all audio files, recordings, transcripts, and any other data uploaded or generated through the Service.

1.4 "Confidential Information" includes all Client Data and any information relating to the User's clients, cases, or legal matters.

2.1 The Service provides AI-powered voice-to-text transcription technology designed to assist legal professionals with draft transcription of audio recordings.

2.2 IMPORTANT LIMITATION: The Service generates draft transcriptions only and is not intended to produce court-ready or certified transcripts. All transcripts must be reviewed and verified by qualified legal professionals before use in any legal proceeding.

2.3 We do not guarantee 100% accuracy. AI transcription may contain errors, omissions, or misinterpretations, particularly with:

• Legal terminology
• Names of parties or places
• Numbers and monetary amounts
• Multiple speakers or poor audio quality
• South African accents and languages

2.4 Users remain solely responsible for verifying all transcripts before relying on them for any legal purpose.

3.1 The User warrants that:

• They have the legal right to upload and process all audio files
• All recordings comply with South African law, including consent requirements
• They will not use the Service for unlawful purposes

3.2 The User agrees to:

• Review all AI-generated transcripts for accuracy
• Not rely solely on AI output for court filings or legal advice
• Maintain appropriate backups of original audio files
• Use strong passwords and protect account credentials

4.1 User Ownership: All Client Data, including uploaded audio files and generated transcripts, remain the exclusive property of the User.

4.2 No Data Mining: We do not and will not:

• Use Client Data to train our AI models
• Share Client Data with third parties (except as required for Service provision)
• Access or review Client Data except for technical support (with User permission) or legal compliance

4.3 Service IP: All intellectual property rights in the Service, including software, algorithms, and platform, remain our exclusive property.

5.1 We acknowledge that Client Data may contain information subject to attorney-client privilege and legal professional privilege under South African law.

5.2 We agree to:

• Maintain strict confidentiality of all Client Data
• Implement appropriate technical and organizational measures to protect privilege
• Treat all Client Data as confidential business information
• Not disclose Client Data except as authorized by User or required by law

5.3 Third-Party Service Providers: Where we use sub-processors (cloud hosting, payment processors), we ensure they are bound by equivalent confidentiality obligations through written agreements.

6.1 We process personal information in accordance with the Protection of Personal Information Act (POPIA) and act as an Operator while the User acts as the Responsible Party.

6.2 Data Processing Agreement: By using the Service, the User agrees to the Data Processing Agreement (Annexure A), which governs how we process personal information on the User's behalf.

6.3 Security Measures: We implement industry-standard security measures including:

• End-to-end encryption for data transmission (TLS 1.3)
• Encrypted data storage (AES-256)
• Multi-factor authentication
• Regular security audits and penetration testing
• Access controls and logging
• Secure data centers in South Africa

6.4 Data Location: All Client Data is stored on servers located in South Africa and will not be transferred outside South Africa without User consent.

6.5 Data Retention:

• Active Client Data is retained during the subscription period
• Upon termination, Client Data is retained for 30 days then permanently deleted
• Users can request immediate deletion at any time

6.6 Data Subject Rights: We assist Users in responding to data subject requests (access, correction, deletion) within the timeframes required by POPIA.

7.1 In the event of a data breach affecting Client Data, we will:

• Notify the User within 24 hours of discovering the breach
• Provide details of the breach, data affected, and remediation steps
• Cooperate with the User's breach notification obligations to the Information Regulator and affected data subjects
• Take immediate steps to contain and remediate the breach

8.1 Founding Partner Programme: R599 per month for the first 6 months, then R1299 per month thereafter (locked-in rate).

8.2 Payment is due monthly in advance via EFT only. Debit and credit cards are not accepted at this time.

8.3 Prices exclude VAT, which will be added where applicable.

8.4 We may increase prices on 60 days' written notice, but Founding Partners retain their locked-in R1299/month rate.

8.5 No Refunds: Subscription fees are non-refundable except as required by the Consumer Protection Act.

9.1 Subscription Period: Monthly subscription, automatically renewing unless cancelled.

9.2 Cancellation by User: User may cancel at any time with 30 days' notice. No refund for unused portion of current month.

9.3 Termination by Us: We may terminate immediately if User:

• Breaches these Terms
• Uses Service for unlawful purposes
• Fails to pay fees (after 14 days' notice)

9.4 Effect of Termination:

• User access to Service ends immediately
• User has 30 days to download all Client Data
• After 30 days, all Client Data is permanently deleted

10.1 Limitation of Liability: To the maximum extent permitted by South African law:

• Our total liability for any claim is limited to fees paid by User in the 12 months prior to the claim
• We are not liable for indirect, consequential, or special damages
• We are not liable for errors or omissions in AI-generated transcripts

10.2 Exclusions: Nothing in these Terms excludes liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under South African law

10.3 User Indemnity: User agrees to indemnify us against claims arising from:

• User's breach of these Terms
• User's unlawful use of the Service
• User's violation of third-party rights
• Unauthorized recordings uploaded by User

11.1 Service Availability: We aim for 99.5% uptime but do not guarantee uninterrupted service. We are not liable for downtime due to maintenance, updates, or events beyond our control.

11.2 AI Accuracy Disclaimer:

• The Service uses artificial intelligence which may produce errors
• Transcripts are provided "as is" without warranty of accuracy
• Users must verify all transcripts before relying on them
• We do not warrant that transcripts will be admissible as evidence in court

11.3 No Legal Advice: We do not provide legal advice. The Service is a technology tool only.

12.1 This agreement is subject to the Consumer Protection Act No. 68 of 2008.

12.2 Cooling-Off Period: User may cancel within 5 business days of first subscription for a full refund (unless Service has been substantially used).

12.3 Plain Language: We have drafted these Terms in plain language. If any provision is unclear, contact us for clarification.

12.4 Unfair Terms: Any provision found to be unfair under the CPA will be severed without affecting the remaining Terms.

13.1 Governing Law: These Terms are governed by the laws of South Africa.

13.2 Jurisdiction: The User consents to the exclusive jurisdiction of the South African courts.

13.3 Dispute Process:

• First, contact us to resolve disputes informally
• If unresolved within 30 days, either party may initiate mediation
• If mediation fails, disputes may be referred to arbitration or court

14.1 Entire Agreement: These Terms constitute the entire agreement between the parties.

14.2 Amendments: We may update these Terms on 30 days' notice. Continued use constitutes acceptance.

14.3 Severability: If any provision is invalid, the remaining provisions remain in effect.

14.4 No Waiver: Failure to enforce any provision does not waive our right to enforce it later.

14.5 Assignment: User may not assign this agreement without our written consent.