QBL Media offers real time Artifical Intelligence (AI) transcription and translation, of text, audio, image and video content.
English has been pre-selected as your primary language, allowing you to transcribe English content. Additionally, picking secondary languages will allow you to transcribe your content in those languages.
Further, depending on your specific use-case, you can translate your English content to/from any secondary language.
If you intend to only use English, or are unsure if you require a secondary language, click Next.
These terms and conditions govern your use of the website and services enabled on that website (together referred to as the Platform) made available by QBL Media Pty Ltd.
The Platform is provided by QBL Media Pty Ltd (ABN: 73 602 663 141) (QBL, QBLM, we, us and our) to users (you and your and Client).
The Platform is a managed software service hosted in a ‘cloud-style’ online environment. The Platform functions to receive certain digital video data files (“Client Video” or “CV”) from you (in response to prompts from the Platform) and then performs certain calculations and deploys third party artificial intelligence (AI) and machine learning (ML) services in order to create a Translated Client Video (“TCV”) which, as the name suggests, is a version of the Client Video in which the spoken words have been translated into a different language (as chosen by you, the Client).
QBLM’s processing of the Client Video involves the use of third party AI and ML services (Third Party Tools) in addition to, potentially, human authored language translation services.
These terms and conditions govern use of the Platform and the Services by you, the Client. You agree to comply with these Terms and any supplemental terms which may be applicable.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS (INCLUDING A CV OR A TCV) TO OR FROM THE PLATFORM, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
1.1 Set out in the table below are certain terms used in this Agreement and the meaning of that term:
|Agreement||These terms and conditions, in addition to the Order Form where you specified the Services you require and we quoted the Fees, and any other details which are linked to your transaction, including our Pricing page.|
|Business Day||Monday to Friday in a given week, excluding a day which is a gazetted public holiday in the jurisdiction at which:
(a) (for service of notice) the address of the recipient party is located;
(b) or (for performance of some action) the person is located who is to perform the action.
|Business Hours||8am to 6pm Australian Eastern Standard Time (AEST).|
|Client Trademark||A trademark owned by the Client, whether registered or not.|
|Client Video (CV)||Video in digital file format which is owned or controlled by Client and transmitted by Client to the Platform and received by QBLM into the Platform.|
|Confidential Information||All or any information concerning the business or affairs of a party, whether or not recorded in a material form, which is marked as being confidential or which, from its content or format, ought to reasonably be treated as being confidential and is not generally made available to the public.|
|Data Centre||The data centre(s) operated by a third party at which the virtual servers, on which the Platform and Third Party Tools are hosted, are located. Note that these Services are made available “in the cloud”.|
|Fees||The fees payable by the Client to QBLM specified in our pricing page and quoted to you in your Order Form.|
|Insolvency Event||(a) if the Client is located in Australia, being in liquidation or provisional liquidation or under administration, having a controller (as defined in the Corporations Act) or analogous person appointed to it or any of its property, being taken under section 459F(1) of the Corporations Act to have failed to comply with a statutory demand, being unable to pay its debts or otherwise insolvent, dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing its own affairs for any reason, taking any step that could result in the person becoming an insolvent under administration (as defined in section 9 of the Corporations Act), entering into a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors, or any analogous event; and
(b) if the Client is located outside Australia – any act analogous to the acts or circumstances described in paragraph (a).
|Intellectual Property Rights||Any and all intellectual and industrial property rights throughout the world and includes, without limitation all rights in copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), trademarks, and know-how, irrespective of whether such rights are registered or capable of registration.|
|Order Form||The document which describes the language translation attributes desired by Client (including the quantified usage of the various features and functionality of the Services and the Platform) and the pricing structure and the final price for that deployment of the Services with respect to the Client Video.|
|Personal Information||Has the meaning given to it in the Privacy Act 1988 (Cth)|
|Personnel||In the case of the Client: Any officers, employees or contractors of the Client.
In the case of QBLM: Any officers, employees or contractors of QBLM.
|Platform||The software platform through which QBLM receives and analyses Client Video (using proprietary data science and, algorithms and potentially, human review), applies third party AI and machine learning services (Third Party Tools) to Client Video and then provides outputs which are Translated Client Video back to the Client (but not necessarily in that order).|
|Policies||Policies, including procedures and other protocols relating to the use of the Platform and other aspects of QBLM’s operations.|
|QBLM Data||Data derived by QBLM from Client Video during operation and usage of all aspects of the Platform and provision of the Services.
QBLM Data does not include Client Video or Translated Client Video.
|Service Documentation||Technical documentation describing the Platform and providing instructions for use.|
|Services||Operating QBLM’s Platform which includes receiving and analysing a Client Video (using proprietary data science and algorithms), applying Third Party Tools to the Client Video, applying human review and editing to the Client Video and then providing a final output to the Client which is a Translated Client Video.|
|Support Services||Services performed by QBLM in relation to the customisation, if any, installation and support of the Platform.
Includes advice to Client about setup and bugs detection.
|Tax||Any tax, including consumption tax and withholding tax unless otherwise specified, but excluding a tax on income.|
|Term||The term of this Agreement which commences when Client accepts these terms and continues until determined in accordance with clause 15.|
|Third Party Tools||QBLM’s business service tools (typically a software service) provided by a third party to QBLM as a service and which performs language translation services using AI and/or machine learning techniques to the Client Video via an online service which is operated by a third party after which the result is transmitted back to QBLM for further processing which could include human review and clean up of the result.
Third Party Tools are: (a) Microsoft Cognitive Services, and (b) Google Cloud AI and ML Services
|Transaction Fee||A merchant or like fee charged by an intermediary to process a credit card or electronic payment.|
|Translated Client Video (TCV)||QBLM’s Platform applies third party AI and machine learning services to Client Video by performing the Services which may additionally include human review and editing.
The final output of the Services is a Translated Client Video.
|User||The Personnel of the Client and related parties of the Client who are authorised by the Client to use the Platform and for whom the Client has supplied user identifications and passwords.|
2.1 This Agreement governs the commercial arrangement between QBLM and the Client under which:
2.2 The Client warrants that it enters into this Agreement having had the opportunity to evaluate and satisfy itself about the features and functionality of the Platform and the Service and the terms in this Agreement on which QBLM makes those available to the Client.
2.3 QBLM may, at its discretion, upgrade, amend, add, remove, redesign, improve or otherwise alter the features of the Platform so long as it does not materially and adversely reduce the core functionality of the Platform or otherwise interfere with use of the Platform as contemplated by this Agreement.
2.4 QBLM will during the Term provide a Translated Client Video to Client within a reasonable time after a Client video is uploaded to the Platform (provided that User’s account is sufficiently in credit). The TCV will be made available on the Platform for download transmission from QBLM’s platform by the Client. QBLM will retain a secure backup copy of the TCV while Client’s account is active however backup copies will be deleted within 30 days after closing of Client’s account. A Client may request a longer period of backup storage if required and QBLM will consider all reasonable requests.
3.1 The Platform is hosted on virtual servers located at and managed through the Data Centre. The availability of the Platform (including business continuity and data recovery measures) is under the control of the Data Centre.
3.2 From time to time QBLM will conduct preventative and remedial maintenance on the Platform and in respect of the infrastructure it deploys in the provision of the Platform (Scheduled Maintenance).
3.3 QBLM will endeavour to carry out all Scheduled Maintenance outside usual Business Hours and to give reasonable notice of any planned downtime for the Platform. In the event of an emergency, QBLM may carry out maintenance during usual Business Hours and without first notifying the Client.
3.4 Subject to QBLM’s obligations under this Agreement in respect of Privacy Obligations and confidentiality and compliance with other relevant laws, QBLM reserves the right to monitor the operation of the Platform and the flow of Client Video to the Platform in order to enable QBLM to perform its obligations and exercise its rights under this Agreement.
3.5 The Client acknowledges and accepts that, notwithstanding any business continuity and disaster recovery policy of the Data Centre:
4.1 The Intellectual Property Rights subsisting in the Client Video and any other documentation, information or materials that are supplied to QBLM by Client during Term of this Agreement remain the exclusive property of Client or its third-party licensors, subject to the rights (if any) expressly granted to QBLM under this Agreement.
4.2 Client grants to QBLM a non-exclusive, royalty-free, worldwide, irrevocable license to use Client Video during the Term in order to provide the Services and create the TCV and create QBLM Data. QBLM will not use or retain any Client Video other than for the purpose of providing the Services and creating the TCV and creating QBLM Data.
4.3 Client grants to QBLM a non-exclusive, royalty-free, worldwide perpetual licence to display the Client Trademark on, and in association with QBLM’s promotional materials (including the QBLM website). Use of the Client Trademark is strictly limited in its prominence and location so as to convey only that Client is, or has been a user of the Platform and shall comply with branding guidelines or other reasonable instructions advised by the Client.
4.4 Client assigns absolutely to QBLM, from the date of its creation, all of the Intellectual Property Rights subsisting in any inventions which may be conceived or implemented arising from suggestions, enhancements, improvements, customisation requests, recommendations or other feedback provided by the Client to QBLM with regard to the Service, the Platform or the Translated Client Video.
4.5 The Intellectual Property Rights subsisting in the Platform, (including the user interface and the software comprising the Platform), the QBLM Data (derived in part from use of the Platform with the Client Video and from performing the Services), and any other documentation, information or materials that are supplied by QBLM to the Client, (but excluding the TCV) remain the exclusive property of QBLM or its third party licensors.
4.6 To the extent that QBLM owns or controls the copyright subsisting in a TCV, QBLM assigns to Client all copyright subsisting in the TCV including the right to use copy, distribute and exploit the Translated Client Video with effect from the date on which the Translated Client Video is transmitted to Client.
5.1 During the Term QBLM will provide Support Services to the Client in accordance with timetable and other resource commitments described in Schedule A.
5.2 QBLM may, at its discretion, agree to provide other services to the Client at its request. Other services may be conditional upon the payment of additional fees by the Client to QBLM and in that event QBLM and Client record the agreed payment and a description of the other services in advance and QBLM will invoice the Client for the other services separately.
6.1 In return for access to the Platform and receipt of the Services under the terms of this agreement, Client shall pay the Fees to QBLM.
6.2 Fees are calculated in accordance with our pricing structure. QBLM reserves the right to change our pricing structure at any time during the Term for any reason, subject to reasonable notice to Client. Notwithstanding the foregoing, the Fees payable in respect of any specific Services for a specific CV will always be quoted to Client in advance of performing the Services and Client is able to accept or decline that quotation.
6.3 All Fees and charges payable to QBLM are non-cancellable and non-refundable, subject to Client’s rights under any non-excludable terms. 6.4 If the Client elects to make payment to QBLM using a method that results in QBLM having to pay a Transaction Fee, the Client will pay the Transaction Fee to QBLM at the same time as it makes payment of the invoice in respect of which the Transaction Fee is charged.
6.5 Payment processing services for the Services are provided to QBLM by Stripe and are subject to Stripe’s own Terms of Service and Security Policies and Procedures, (collectively, the Stripe Services Agreement). The Client must read the Stripe Terms because those terms will be binding on the Client if they accept these Terms and Conditions. By agreeing to these Terms and Conditions or continuing to use the Services you (the Client) agree to be bound by the Stripe Terms, as the same may be modified by Stripe from time to time. As a condition of QBLM enabling payment processing services through Stripe, Client agrees to provide QBLM accurate and complete information about Client and Client’s business (if applicable), and Client authorises QBLM to share it and transaction information related to Client’s use of the payment processing services provided by Stripe.
7.1 The Client acknowledges and agrees that:
8.1 QBLM must
9.1 If the consent of a third party is required in order for any Client Video to be processed in the Platform or in connection with the Services then Client is solely and exclusively responsible to obtain that consent from the third party.
9.2 The Client is primarily responsible for responding to a claim or query from a customer of Client (or any third party, including a regulatory authority) with respect to the specific content, quality, meaning or message of a TCV and Client accepts that QBLM will refer any such claim or query to Client.
9.3 Unless otherwise permitted by law, the Client must not:
9.4 The Client must not assign or novate this Agreement without the prior written consent of QBLM, such consent not to be unreasonably withheld.
9.5 The Client must use reasonable endeavours to comply with Policies as notified in writing to the Client by QBLM, and promptly advise QBLM in writing where it is not able or willing to comply with those Policies.
9.6 The Client acknowledges and agrees that it is responsible for the following:
9.7 Client acknowledges that QBLM cannot provide the Services unless QBLM and Third Party Tools are given access to a Client Video and Client Video is in a form which is technically compatible with the Platform and the Third Party tools. It is Clients responsibility to obtain any necessary permissions from third parties to enable QBLM and the Third Party Tools to access the Client Video.
9.8 Client must not:
9.9 QBLM may report any of the activities above to the relevant law enforcement authorities and reserves the right to cooperate with those authorities by disclosing Clients identity to them.
10.1 Each party must treat, and ensure that its Personnel treat, as confidential, the Confidential Information of the other party.
10.2 The party who receives (the recipient) Confidential Information from the other party (discloser) must not without the prior written consent of the other party:
10.3 The exceptions are where:
11.1 Client warrants that:
12.1 QBLM warrants that:
12.2 QBLM does not warrant that a TCV will be suitable to qualify for approval from any third party (including, without limitation, any government or industry regulator or academic or other institution) or will be sufficiently accurate and comprehensive to implement any plan or commercial undertaking. This is very important because the quality of the TCV is affected by the complexity of the underlying content contained in the CV. If the underlying content in your CV is complex, then the Third Party Tools may struggle to provide a good outcome in the TCV. The use of, and reliance upon a TCV is entirely at the discretion and risk of the Client.
13.1 Client agrees to indemnify, defend and hold harmless QBLM and its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from:
14.1 Terms, conditions, warranties and guarantees implied by law, which cannot be excluded, restricted or modified apply to this Agreement to the extent required by that law.
14.2 Except for liability in relation to any non-excludable Term, the Platform, the Services and the TCV are provided on an “as is” basis, and without any warranty or condition, express or implied, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of third party Intellectual Property Rights to the extent allowed by law.
14.3 To the extent permitted by law, QBLM’s sole liability for breach of contract, breach of statutory duty, negligence or other tort is limited, at its option, to:
14.4 The Client does not rely on any representation, warranty or other provision made by QBLM or on its behalf which is not expressly stated in these terms.
14.5 QBLM is not liable for loss or corruption of a Client Video, loss of revenue, loss of goodwill loss of anticipated sales, loss of savings, loss of business opportunity, interruption to business, or wasted management/administrative time. This exclusion of liability includes loss or damage Client might suffer as a result of failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
14.6 QBLM is not liable for any loss or claim incurred by or against Client or any third party arising from:
15.1 The Term of the Agreement continues indefinitely on a month to month rolling basis unless validly terminated in accordance with this Agreement. Client may suspend their access to the Services in whole or in during the Term and, although that suspension may suspend charges incurred on Client’s account, all of these terms remain in effect. If Client wishes to terminate this Agreement they will notify QBLM in writing with 30 days notice.
15.2 QBLM does not provide a refund if Client decides to stop using the Services prior to the expiration date of the current monthly billing cycle or does not terminate in accordance with the requirements of this clause 15.
16.1 QBLM may reject a Client Video or suspend Client’s or any User’s access to the Platform without notice if Client’s use of the Platform:
16.2 QBLM will try to limit the suspension to the affected portion of the Platform and promptly resolve the issues causing the suspension of the Platform. Nothing in this clause limits QBLM’s right to terminate for cause as described in this Agreement, if QBLM determines that Client is acting, or has acted, in a way that has or may negatively reflect on or affect QBLM, our prospects, or our customers.
16.3 QBLM may, without notice, review, edit and delete any Client Video, Translated Client Video or other user content that we determine in good faith violates these terms, however QBLM has no duty to pre-screen, control, monitor or edit a Client Video, Translated Client Video or other user content.
16.4 QBLM will provide Client with notice of non-payment of any amount due. Unless the full amount has been paid, QBLM may suspend Client’s access to the Platform and/or withhold access to a TCV. If Client’s access to the Platform is suspended for non-payment, we may charge a re-activation fee to reinstate your access to the Platform.
17.1 If an Insolvency Event occurs in relation to the Client or any other event occurs which gives QBLM reasonable grounds for doubting the credit of the Client (including, the Client’s failure to make any payment when due under this Agreement), QBLM may by notice to the Client, at QBLM’s option and without prejudice to any other right it may have:
17.2 If the Client:
then QBLM may terminate this Agreement by written notice to the Client effective immediately or from a later date specified in the notice.
17.3 If QBLM:
the Client may terminate this Agreement by written notice to QBLM effective immediately or from a later date specified in the notice.
17.4 On termination of this Agreement QBLM has no obligation to provide Services to the Client or to maintain Client’s access to the Platform.
17.5 If this Agreement is terminated, then the Client will remain liable to pay to QBLM and QBLM is entitled to recover from the Client all Fees that are or were due for payment before termination and have not been paid.
18.1 QBLM welcomes feedback and suggestions on how the Platform and the Services and the Translated Client Video could be improved and we invite your consultation with us for that purpose. Feedback provided by Client to QBLM shall be the Confidential Information of QBLM.
19.1 In this Agreement:
19.2 Notices under this Agreement must be in writing. A notice may be delivered to a party by hand or by email to that party at the address shown at the start of this Agreement or to an alternate email address notified to the party giving the notice. A notice given to a person in accordance with this clause is treated as having been given and received:
19.3 This Agreement contains all the terms and conditions agreed on by the parties. No oral agreements or representations will be valid or binding on the parties unless expressly contained in this Agreement or by a written amendment to this Agreement.
19.4 This Agreement may only be amended by a further written agreement signed by the authorised representatives of the Client and QBLM.
19.5 Any failure by either party to insist upon strict performance by the other party of any provision in this Agreement will not be taken to be a waiver of any existing or future rights of that party in relation to the provision.
19.6 If any provision of this Agreement is invalid, illegal or unenforceable, this Agreement takes effect (where possible) as if it did not include that provision.
19.7 The provisions of clauses 4, 10, 11, 12, 13, 14 and 19 survive termination or expiry of this Agreement.
19.8 This Agreement is not to be interpreted against the interests of a party merely because that party proposed this Agreement or some provision of it or because that party relies on a provision of this Agreement to protect itself.
19.9 Neither party is liable for any delay or failure to perform its obligations under this agreement if the delay is due to natural disaster or other event beyond its reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, or strikes or other labour problems.
19.10 This Agreement is governed by the laws of the State of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with all matters concerning this Agreement.
SUPPORT SERVICES are comprised of: