On the provision and the use of the SpRecord service
Edition dated March 22, 2018
- Service - an Internet resource located at https://sprecord.com/, intended for cloud storage and processing of call recordings.
- The Developer - Sarapul Systems Ltd., Russia, Sarapul.
- User - the person who uses the Service.
- Agreement - current document available online at https://sprecord.com/en/agreement.
- Account - an account of the User in the Service, created by him/her independently by registration when the User signs up for the Service at https://sprecord.com/en/signup.
- Recording system - software or firmware used by the User to record conversations. The Recording system doesn't make part of the Service (it can be supplied to the User by third-party developers). The User independently connects the Recording System to the Account, and the Recording system sends previously recorded recordings of conversations to the Account for storing and processing purposes.
- Partner - a legal entity or an individual that promotes and supports the Service.
- Services - information and technical services for uploading, storing and processing recordings of conversations, as well as any other services provided by the Developer to the User in the framework of the Service.
- Balance is the amount of money that the User can spend on the Services.
- Price list - a list of available Services with an indication of their cost, available on the Internet at https://sprecord.com/en/ .
- Plan - a combination of Services. When the Account is created the Account is assigned one of the Plans effective on the date of the Account creation.
- Subject of the Agreement
- Within the framework of the Agreement, the Developer grants the User the right to use the Service and renders Services to the User, and the User pays for the Services provided in accordance with the Price list.
- Terms and conditions
- By creating the Account, by using the Service and by paying for the Services the User expresses full consent to all conditions of the Agreement.
- The User undertakes to use the Service in strict accordance with international laws and the laws of the country or the region where the Service is used.
- Under the Services the Developer doesn't provide the service of call recording. The Developer solely provides the User with the service of uploading, storing and processing of the recordings previously made by the Recording systems. The user bears full liability for the lawfulness of making the recording swhich are uploaded to the Account.
- If the User has reasons to think that a recording uploaded to the Account was made with the violation of any international or local law, the User should immediately delete such recording form the Account and undertake all possible measures to prevent such recordings in future. If the User has reasons to think that the Recording system, connected to the Account, makes the recordings with law violation, the User should disconnect such Recording system from the Account.
- The Developer and his Partners do not hold moral, material or any other responsibility for actions or inaction of the User, which may entail the violation of the laws.
- The User undertakes to apply reasonable measures to protect access to his / her Account and the Recording system and, in the event of losing such access, to immediately notify the Developer thereof. The loss of access to the Account or to the Recording system may result in the loss of data or in the unauthorized access to the Account by the third party.
- The User shall only transfer access to the Account to his authorized representative provided that such representative complies with the terms of this Agreement.
- The User, upon connecting the Recording system to the Account, shall notify the parties whose conversations are recorded, in accordance with the law of the country or the regions, where the parties of the conversation are officially registered. If the law doesn't impose any regulations on call recording, then the User shall notify the parties on whose side the recording is made.
- The Developer undertakes to ensure that there is no possibility of free access to the data of the User by the Developer's employees, except for the cases when such access is necessary to maintain the correct operation of the Service.
- User's recordings can be transferred to law enforcement agencies in accordance with the requirements of the law of the country where the Service is used.
- Developer applies the best practices in developing and testing software, as well as in protecting User's data sent over the Internet. However, Developer does not guarantee the absence of errors in the Service, neither 100% protection of the User's recordings from unauthorized access.
- If an error or vulnerability is found in the Service, the User agrees to immediately notify the Developer thereof. Using discovered vulnerabilities to access other Users' recordings is prohibited.
- The Developer and his Partners shall not be liable for any damage related to the use of the Service or inability to use the Service by the User other than explicitly stated in the Agreement.
- The exclusive rights on the Service belong to the Developer.
- The term of the Agreement
- The Agreement is effective from the moment when the User creates the Account until the Account is deleted.
- The Account can be deleted any time upon User's request sent via e-mail at firstname.lastname@example.org.
- In case the Balance is less than 0 USD the Developer has the right to suspend the Service provision for the User until the Balance is topped up.
- The Account may be deleted by the Developer in the event of violation by the User of the terms of this Agreement, in the event that the User has not used the Account for 2 months or more, in case of not funding the negative Balance during 7 (Five) days, and in other cases at the discretion of the Developer.
- Price-list, Plans and payments for the Services
- The current Price-list and Plans are available at: https://sprecord.com/en/.
- To pay for the Services, the User tops up the Balance by paying with a credit card via PayPal by using a link available in the Account.
- The date of provision of the Services is the date when the User used the relevant Services. Withdrawal of amounts from the Balance is carried out daily the next day after the date of rendering the Services.
- Once the payment is made the User receives the electronic receipt.
- The amount paid by the User in order to top up the Balance is not refundable.
- When the Account is created the Account is assigned to the Plan, which is defined automatically by the Service according to the overall statistics of the use of the Service.
- The User can voluntarily choose the Plan appropriate for his/her needs. The Plan change can be made once a day. In case the services provided to the User exceed the amount of services available in the Plan, Developer asks the User to either reduce the services consumed or to change the Plan. If the User doesn't perform either of these actions within 2 days, the Developer reserves the right to automatically change the User's Plan to the one which is sufficient to cover the procured Services.
- Financial responsibility of the Developer
- In case of loss of data, the Developer shall compensate the User for the equivalent of the cost of storing such data for 30 days.
- In case of unauthorized access to the recordings by a third party, the Developer shall compensate the User for the equivalent of the cost of storing such data for 30 days.
- In case the service is unavailable for more than 1 hour per month, the Developer compensates the User for the equivalent of the cost of storage equal to 3 times the Service's unavailability, rounded up to the closest hour, but not more than 30 days.
- The developer does not bear any other financial responsibility, except the one explicitly stated in this section.
- Compensation occurs on the request of the User.
- Applicable law and the processing personal data
- This Agreement is governed by the laws of the Russian Federation.
- The Developer reserves the right to modify this Agreement at any time at his own discretion. In case of making changes, the Developer shall immediately notify the User of such changes.
- The User, having received notification about the change of the Agreement, may refuse the further use of the Service by deleting his / her Account. The continued use of the Service means that User fully consents to the changes made to the Agreement by the Developer.
- Contacts of the Developer
Sarapul Systems Ltd.
Address: 427961, Russia, Udmurt Republic, Sarapul, Gogolya str., 76G
Mailing address: 427960, Russia, Udmurt Republic, Sarapul, PO Box 91
Director: Zaycev Anton Nikolaevich
* According to the Constitution of the Russian Federation, everyone has the right for personal secrecy and the secret of telephone conversations. Responsibility for violation of the secrecy of telephone conversations is determined by art. No. 138 of the Criminal Code. It should be noted that the violation of this right can only be made by a third party, since for the participants of the conversation their own dialogue is not a secret. The law doesn't forbid a person to record his/her own conversations.