Contract for the automated creation of transcripts
hereinafter referred to as “speech recognition”.
The contract is concluded between the user and:
audio transcription – dr. dresing & pehl GmbH
Deutschhausstrasse 22a
35037 Marburg
Germany
Managing Directors: Dr. Thorsten Dresing and Thorsten Pehl
Marburg Local Court HRB 5171 Phone: +49 6421 590979-0
E-mail: info@audiotranskription.de
Hereinafter referred to as “audiotranscription”
1. subject matter of the contract
1.1. The subject of this contract is the automatic transcription of audio data into a text file by means of speech recognition, which audiotranskription carries out automatically for the user by means of software. The supported languages are German and English, any other languages can be found in the product description (audiotranskription.de/spracherkennung)
1.2. The speech recognition functionality is in Ziff. 2 described.
1.3. For the use of speech recognition, in addition to the acceptance of these contractual conditions, the conclusion of a contract for order processing is generally required as part of the registration of the user. Basic requirements for the processing of personal data are described in the order processing contract and in the privacy policy on the website (https://www.audiotranskription.de/Datenschutz). However, the user can make individual additions, e.g. to the types of personal data. If an order processing contract is not required for the transcription, the user must inform audiotranskription of this.
1.4. It is the user’s responsibility to point out the need for an additional non-disclosure agreement. If this is necessary for the activities of the user, audiotranskription will provide an additional confidentiality agreement in accordance with Section 203 of the German Criminal Code (StGB) as part of the registration process.
1.5. The user must create a personal account in the software in order to use speech recognition.
1.6. Quotas of time units can be credited to the account set up by the person using it. The time units must be purchased separately in advance by the user via the web store (https://www.audiotranskription.de/shop/). The purchase of the time units required for the transcription is subject solely to the contractual conditions of the web store.
1.7. On the basis of the quota deposited in the account, the user may use the services of audiotranskription by way of individual projects in accordance with Clause. 3 to take advantage of this. Each service under this contract is measured in time units and billed via the respective account.
1.8. Access to the Internet is not covered by this contract. The user bears sole responsibility for the functionality of the Internet access, including the transmission paths of the computer used.
1.9. The conditions for transcription are set out in Section 8.
1.10. The rights and obligations of the parties arise solely from the provisions of this contract and any additional contract concluded for order processing as well as the obligation to maintain confidentiality in accordance with Section 203 of the German Criminal Code (StGB). General terms and conditions of the user shall not become part of the contract, even if audiotranskription does not expressly object to them. In the event of contradictions between the provisions of the contract and the provisions of the contract on commissioned processing and/or the obligation of confidentiality pursuant to Section 203 StGB, the provisions of the latter two documents shall take precedence in their scope of application.
2. amendments to the contractual provisions
2.1. audiotranskription reserves the right to amend these contractual provisions within an existing contractual relationship, in particular due to further developments in speech recognition.
2.2. The contractual partner of audiotranskription, i.e. the user, shall be informed of any planned changes to the contractual provisions by e-mail at least 6 weeks before the changes come into effect. In this e-mail, the changes to the previous contractual provisions are identified and, if necessary, explained in addition.
2.3. The contractual partner may object to the changes to the contractual provisions within 6 weeks of receipt of the aforementioned e-mail. If the contractual partner does not object to the amendments or does not do so in good time, its consent to the amended contractual provisions shall be deemed to have been granted and the amendments shall be deemed to have been effectively agreed. The contractual partner will be informed of this legal consequence separately in connection with the planned changes.
3. functionality of speech recognition
3.1. Speech recognition uses an algorithm to convert audio files into writing. Speech recognition is trained for High German and specializes in conversations with a maximum of two people involved. Further training courses, languages and specializations can be found in the product description (audiotranskription.de/spracherkennung)
3.2. After the tests carried out by audiotranskription and the resulting own evaluation, automated transcription can be recommended for individual interviews with good recording quality. However, manual transcription can be faster in some settings. Details of the aforementioned speech recognition test results can be found on the audiotranskription website at https://www.audiotranskription.de/spracherkennung.
3.3. An installed trial version, demo version, a browser client or a licensed version of f4transkript, version 8 or higher, is required to use speech recognition. A license for the f4transkript software is not part of this contract and must be purchased separately. Mac OSX 10.12 (or newer) or Windows 7 (or newer) is required to use f4transkript. To use speech recognition, an internet connection is required to upload media files and download the text files.
4. commissioning for an individual project
4.1. For a transcription, the user first uploads audio data to an audiotranskription server using the software. Speech recognition supports the following file formats for audio data: mp3, m4a, wav, aiff. Further formats may be added according to the state of the art.
4.2. The output of the transcription result, the text file, is in rtf format. Further formats may be added according to the state of the art.
4.3. When an audio file is uploaded to the server, audiotranskription automatically checks whether sufficient time quotas have been stored in the account based on the size of the file. If no or insufficient time quotas are stored, transcription is not possible and the software displays a corresponding error message. Provided that sufficient time quotas have been deposited, the transcription is carried out and the service rendered is recorded via the deposited quotas in accordance with Clause. 8 settled. The user can download the transcribed text file via the speech recognition user interface and save it locally on the end device.
4.4. audiotranskription shall commence transcription if the user is a consumer within the meaning of Section 13 of the German Civil Code (BGB) as soon as the user has expressly consented to the commencement of the provision of services before the end of the withdrawal period. By giving their consent, the user must also expressly confirm that they are aware that they lose their right of revocation with regard to the specific individual project, the transcription contract and all further or subsequent individual projects based on the transcription contract when audiotranskription begins to provide the service.
5 Obligations of the user
5.1. When registering, the user must independently and on his or her own responsibility ensure and inform audiotranskription if the conclusion of a contract for commissioned processing is not required (see Section 1.3) and/or an additional agreement on confidentiality pursuant to Section 203 StGB (see Section 1.4) must be concluded.
5.2. The user undertakes not to upload any illegal content that violates the law, official regulations or the rights of third parties.
5.3. The user must protect the access data to the account and all confidential information from access by unauthorized third parties. However, if third parties have gained unauthorized access or at least the possibility exists, the user will inform audiotranskription immediately.
5.4. The selection of suitable audio data for transcription is the sole responsibility of the user. Dialects, background noises, changing speakers, poor recording quality and other background noises regularly have a negative effect on recognition accuracy and therefore the transcription result. The more of the aforementioned aspects appear in the audio file, the worse the transcription result. As a rule, unsuitable audio files lead to words, sentences and/or passages that have not been transcribed or have been transcribed incorrectly. In individual cases, the entire transcription result may even be unusable. If the recording is not available in an explicitly supported language, error-free transcription as a whole is impossible. If the transcription result is based on an inadequate selection of suitable audio data, this shall have no effect on audiotranskription’s claim to full remuneration, regardless of the result of the transcription.
5.5. The user shall use a state-of-the-art virus protection program and, in particular, check the audio data for viruses before sending it.
6. scope of services
6.1. audiotranskription endeavors to provide the transcription service 24 hours a day. Nevertheless, outages are possible, particularly due to maintenance work.
6.2. If the user has saved the audio file in a suitable file format in accordance with para. 4.1, audiotranskription will transcribe the audio file into a text file fully automatically using speech recognition.
6.3. As part of the fully automated transcription process, audiotranskription has no knowledge of the content of the audio file provided. In this respect, audiotranskription will in particular: not check the suitability (see Section 5.4) of the audio file provided by the user, not carry out any quality assurance in connection with the transcription and not take into account any individual specifications of the user.
6.4. Since the speech recognition, as described in para. 3 and the transcription result also depends on the suitability of the audio file (see section 5.4), the quality of the transcription result may vary depending on the individual case. According to this requirement, it can be assumed that the transcription result is generally not error-free. In this respect, audiotranskription does not guarantee that the transcription result is free of errors, but only that the speech recognition fulfills the requirements set out in Clause. 3 has the functionalities described above. The user is therefore solely responsible for correcting any errors or correcting the transcription result.
6.5. Individual post-editing or error correction of transcription results by audiotranskription is not owed.
7. rights to transcription results
audiotranskription grants the user an exclusive right of use, unlimited in time, space and content, to the transcription results obtained under this contract and in connection with the respective individual projects.
8. remuneration and payment
For each transcription, audiotranskription shall receive remuneration in the form of time quotas subject to the following conditions: Time quotas can be purchased by the hour. For one hour interview 19,99 Eur incl. VAT will be charged. Volume discounts and discounts for special groups of people (e.g. students) are possible. Billing is per minute or part thereof. Test versions that are marked as such may also be used free of charge within the scope of their technical possibilities and restrictions.
9. data protection/costs for cooperation services in connection with the order processing contract
9.1. The parties undertake to comply with the relevant statutory provisions on the handling of personal data, in particular the German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR).
9.2. In order to enable the processing of personal data, it is generally necessary to conclude a contract for order processing. This can be concluded as part of the registration process or subsequently in the customer area and can be viewed at audiotranskription.de/ADV.
9.3. If individual instructions go beyond the provisions of this contract and/or the contract on commissioned processing and require additional work on the part of audiotranskription, these shall require the prior consent of audiotranskription and shall be remunerated separately in accordance with the currently valid price list (audiotranskription.de/spracherkennung).
10. liability
10.1. Unless otherwise agreed in this contract, the parties shall be liable in accordance with the statutory provisions.
10.2. In the event of any claim by a third party, the user is obliged to provide audiotranskription free of charge and without delay with all available information about the matter in question.
11. secrecy
11.1. The parties undertake to maintain confidentiality regarding confidential information. “Confidential information” is in particular business secrets within the meaning of Section 2 No. 1 GeschGehG as well as all information and documents of the other party that are marked as confidential or are to be regarded as confidential due to the circumstances, in particular interview data, operational processes and other know-how.
11.2. This obligation does not apply to confidential information that
- were demonstrably known to the parties when the contract was concluded or subsequently become known to them from a third party without violating a confidentiality agreement, statutory provisions or official orders;
- are public knowledge at the time of conclusion of the contract or are made public thereafter, unless this is due to a breach of this contract, or
- which must be disclosed due to legal obligations or by order of a court or authority. As far as permissible or possible, the parties will inform each other in advance and give each other the opportunity to take action against the disclosure.
11.3. The parties shall only grant access to confidential information to consultants who are subject to professional secrecy or who have previously been subject to obligations corresponding to the confidentiality obligations of this contract.
11.4. Taking into account the state of the art and – insofar as personal data is concerned – specifically in accordance with Art. 32 GDPR, the parties shall take appropriate technical and organizational measures to protect confidential information and personal data and implement a procedure to regularly review, assess and evaluate the effectiveness of the technical and organizational measures to ensure the security of the processing.
12. duration of contract / termination
12.1. The contractual relationship ends with the termination of the customer account. The customer account can be terminated with a notice period of two weeks, whereby the following conditions apply in the event of termination:
12.2. If the user cancels the contract even though time quotas are still stored in the corresponding account, the time quotas will expire at the end of the contract term and audiotranskription will not pay any compensation for this.
12.3. audiotranskription may, except in the case of an extraordinary reason for termination, terminate the contract with two weeks’ notice if no time quotas have been deposited in the relevant account at the time of termination. If time quotas are stored in the account, audiotranskription may, subject to the conditions set out in Clause. 11.1, however, terminate the contractual relationship at the (next possible) point in time at which the time quota deposited at the time of the notice of termination is used up.
12.4. Notice of termination must be given in text form to be effective. The user’s notice of termination must be sent to info@audiotranskription.de.
13. right of withdrawal
13.1. If the user is a “consumer” within the meaning of Section 13 of the German Civil Code (BGB), he or she must, taking into account the provisions of para. 4.4, the right to withdraw from this contract within fourteen days without giving any reason.
13.2. The withdrawal period is fourteen days from the date of conclusion of the contract.
13.3. In order to exercise the right to cancel, the user must inform audiotranskription (audiotranskription, dr. dresing & pehl GmbH, Deutschhausstr. 22a, 35037 Marburg, Germany, Fax: +49 6421 590979-20, E-Mail: info@audiotranskription.de) of his or her decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
13.4In order to comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
14 Consequences of revocation
14.1. If the user withdraws from this contract, audiotranskription shall reimburse the user for all payments audiotranskription has received from the user, including delivery costs (with the exception of additional costs resulting from the fact that the user has chosen a type of delivery other than the cheapest standard delivery offered by audiotranskription), immediately and at the latest within fourteen days of the day on which audiotranskription receives notification of the withdrawal from this contract. For this repayment, audiotranskription will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise; in no case will fees be charged for this repayment.
14.2. If the person using the data in accordance with para. 4.4 that the service will commence during the withdrawal period, the user shall lose their right of withdrawal with regard to the specific individual project, the contract for the transcription and all further or subsequent individual projects based on the contract for the transcription
15. sample revocation form
If the user wishes to withdraw from the contract, they must complete this form and return it. The use of this form is not mandatory.
If you wish to withdraw from the contract, please fill out this form and send it back to us
To audiotranskription – dr. dresing & pehl GmbH, Deutschhausstr. 22a, 35037 Marburg, Germany
Fax: +49 6421 590979-20, e-mail: info@audiotranskription.de:
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following services
- Ordered on (*) / received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only for notification on paper)
- Date
(*) Delete as appropriate.
16. destruction or deletion of confidential information after termination of the contract
audiotranskription is obliged to destroy or delete all information, in particular the access data to the account, in accordance with data protection regulations in the event of termination of the contract. This does not apply to data for which there is a statutory retention period.
17. online dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed via the external link www.ec.europa.eu/consumers/odr. We will endeavor to settle any disputes arising from or in connection with this contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and do not offer to participate in such proceedings.
18 Applicable law and place of jurisdiction (only for entrepreneurs)
18.1. German law shall apply to this contract.
18.2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of audiotranskription. audiotranskription is also entitled to sue the user at the user’s place of business.