Terms and Conditions

Last Updated: 12 August 2024

1. Introduction

Welcome to Serena ("Service"). These Terms and Conditions ("Terms") govern your use of our WhatsApp bot transcription service provided by XGMI B.V. ("Company", "we", "us", or "our"), a company registered in the Netherlands. By using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not use our Service.

2. Definitions

  • "User", "You", and "Your" refers to you, the person accessing this Service and accepting these Terms.

  • "Content" means any voice messages, text, images, or other material you submit to the Service.

  • "Transcription" refers to the text produced by our Service from your voice messages.

3. Use of Service

3.1. Eligibility: You must be at least 16 years old to use this Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

3.2. User Account: To use certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password.

3.3. Acceptable Use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

a) In any way that violates any applicable national or international law or regulation.

b) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

c) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

d) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.

4. Intellectual Property

4.1. Service Ownership: The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

4.2. User Content: You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

5. Payment Terms

5.1. Fees: The use of our Service is subject to payment of fees as outlined on our website. We reserve the right to change our fees at any time.

5.2. Payment: You agree to pay all fees or charges to your account based on the Company's fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

5.3. Refunds: Our refund policy is as follows:

a) Subscription Cancellations

  • If you cancel your subscription within 7 days of your initial purchase or renewal date, you are eligible for a full refund of the current billing cycle's fees.

  • Refunds will not be provided for any partial unused periods of a subscription after the first 7 days of the billing cycle.

b) Service Issues

  • If you experience significant and persistent technical issues with our Service that we are unable to resolve within a reasonable timeframe, you may be eligible for a partial or full refund, to be determined on a case-by-case basis.

  • To be eligible for a refund due to service issues, you must report the problem to our customer support team and allow us reasonable time to attempt to resolve the issue.

c) Accidental Purchases

  • If you have accidentally purchased a subscription or made a duplicate payment, you may be eligible for a full refund if requested within 48 hours of the purchase.

d) Non-Refundable Circumstances

The following circumstances are not eligible for refunds:

  • Requests made after 7 days from the purchase or renewal date, except in cases of unresolved technical issues.

  • Dissatisfaction with the Service features or functionality, when the Service is working as described.

  • Misuse of the Service or violation of our Terms and Conditions.

  • Changes in personal circumstances or no longer needing the Service.

e) Refund Process

  • To request a refund, contact our customer support team at help@xgmi.com with the subject line "Refund Request".

  • Provide your account information, the reason for the refund request, and any relevant details or documentation.

  • We will review your refund request and respond within 5 business days.

  • If your refund is approved, it will be processed to the original payment method used for the purchase.

  • It may take 5-10 business days for the refund to appear on your statement, depending on your payment provider.

f) Exceptions

We reserve the right to make exceptions to this policy at our discretion. Any exceptions made will be on a case-by-case basis and will not constitute a waiver of this policy for future cases.

6. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

7. Limitation of Liability

7.1. The Company, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

a) Your access to or use of or inability to access or use the Service;

b) Any conduct or content of any third party on the Service;

c) Any content obtained from the Service; and

d) Unauthorized access, use or alteration of your transmissions or content.

7.2. In no event shall the Company's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Service over the last six months.

8. Disclaimer

8.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied.

8.2. The Company does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

8.3. Artificial Intelligence Disclaimer: The voice notes submitted to our Service are transcribed and summarized using artificial intelligence technologies. As such, we cannot guarantee complete accuracy of transcriptions or summaries. Users should be aware that:

  • Words may be misinterpreted or transcribed incorrectly;

  • Responses, transcriptions, or summaries may contain inaccuracies;

  • The content generated may not always be factual;

  • There is a potential for generated content to be inappropriate or offensive.

Users are advised to review all transcriptions and summaries for accuracy and appropriateness before relying on them or sharing them further. The Company is not responsible for any consequences resulting from inaccuracies or inappropriate content in AI-generated transcriptions or summaries.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting a prominent announcement on our website.

11. Contact Us

If you have any questions about these Terms, please contact us at:

XGMI B.V.
help@xgmi.com

12. Dispute Resolution

12.1. For EU Users: In the event of any dispute, you may be entitled to submit the dispute for online resolution to the European Commission's Online Dispute Resolution platform.

12.2. For US Users: Any dispute arising from these Terms will be resolved through binding arbitration, to be conducted in the Netherlands.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms, our Privacy Policy, and any other legal notices published by us on the Service, shall constitute the entire agreement between you and the Company concerning the Service.