plain X – Terms of Service [ToS]
The use of plain X® is subject to the following ToS, as well as to the terms and conditions of the Agreement.
I – General Provisions
1. Priberam Informática, S.A., legal person no. 502 237 740 (NIPC), registered at the Conservatória do Registo Comercial de Lisboa, under NIPC, with share capital of € 66,666,67, head office in Lisbon, at Alameda D. Afonso Henriques, 41 – 2nd floor, 1000-123 Lisboa, Portugal, hereinafter referred to as Priberam, on behalf of the Owners, allows the use of plain X, hereinafter also referred to as System, to the Users indicated by the Client, under the terms and conditions stipulated below.
2. The Owners reserve to themselves the right to make any modification to the System.
3. The Client or the Users appointed by the Client, by using the System, confirm the acceptance of these ToS.
4. These ToS are written in English. By accepting these terms, the Client confirms that has adequate proficiency in English to fully understand all the rights granted and obligations expressed therein.
5. Governing law: The terms of these ToS will be governed by and interpreted in accordance with the laws of Portugal. Exclusive jurisdiction and venue will lie with the Portuguese courts, and each of the Parties hereby irrevocably consents to such jurisdiction.
6. Dispute Resolution:
6.1 Any differences arising from the interpretation, execution, fulfilment or any other matter related to these ToS shall be subject to an attempt of amicable resolution.
6.2 Alternative resolution of consumer disputes: if applicable under the terms of Law no. 144/2015, of 8 September, the Client may resort to an entity for alternative resolution of consumer disputes, as described at https://www.priberam.com/pt/resolucao-alternativa-de-litigios-de-consumo/
6.3 In case of conflict arising from the interpretation or execution of these ToS that cannot be resolved amicably or using a Court of Arbitration, the Parties elect as the competent court the Judicial Court of the Judicial District of Lisbon (“Tribunal Judicial da Comarca de Lisboa”), Portugal, with express waiver of any other, unless the dispute in question falls under the jurisdiction of a court with specialized jurisdiction, in accordance with applicable law.
7. Non-Performance of a Clause or Provision. The occasional acceptance, by any of the Parties, of the non-performance of any clause or provision of these ToS at any time, shall be construed as mere liberality, not constituting a novation and not implying, therefore, waiver of the right to demand the performance of such clause or provision or of the right to judicially enforce its performance.
8. Validity of the Clauses:
8.1 The partial or total nullity or annulment of any provision of these ToS shall not, of itself, render the whole ToS null and void, unless the rights or obligations of the Parties are thereby decisively altered or breached.
8.2 Provided that it is legally practicable, any party affected by a possible nullity or annulment in part or in whole of any provision shall have the right to request the negotiation of a new valid and practicable provision that satisfies the purpose of the initial provision.
9. Termination and Refunds: should a Client and/or a User breach these ToS, Priberam shall be entitled to terminate the Agreement and the Client shall not be entitled to any refund.
10. These ToS may be revised at any time, namely, but not exclusively, for commercial, legal or technical reasons, which may require an immediate change. In case of change, Clients may terminate the contract within 30 (thirty) days of being notified and be refunded on a pro-rata basis for the unused period.
Effective date of revision 2023.03.EN: 04 August 2023
To access the latest certified original version, click on plain_X_ToS
Previous Version: Rev. 2023.02.EN, 27 July 2023| Change_History
PT version: Rev. 2023.03, 04 August 2023
Effective date of revision 2023.03.EN: 04 August 2023
To access the latest certified original version, click on plain_X_ToS
Previous Version: Rev. 2023.02.EN, 27 July 2023| Change_History
PT version: Rev. 2023.03, 04 August 2023
II – Definitions
Within the scope of these ToS including any amendments thereto, the expressions listed below shall have the meanings indicated therein.
1. Owners: refers collectively to Priberam and Deutsche Welle (www.dw.com), which are the owners of plain X and of the European trademark “plain X” (UE 018511474).
2. Agreement: Designates the agreement concluded by the Client’s acceptance of a commercial proposal for access to plain X, or a formal contract entered into between the Parties stipulating the terms and conditions for access to plain X.
3. Client: an individual or corporate entity that holds a valid subscription of plain X under an Agreement.
4. Parties: refers to Client and Priberam.
5. User: an individual person who accesses plain X under an Agreement.
6. Service Providers: Third parties that provide services through plain X like Transcription (Speech-to-Text / ASR – Automatic Speech Recognition), Translation (Machine Translation), Voiceover (text-to-speech / speech synthesis), Cloud Storage and other audio, text and video processing (such as video conversion and subtitle burning).
7. GDPR: General Data Protection Regulation, approved by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, in force since 25 May 2018 and whose execution in the Portuguese legal order is ensured by the “Lei de Proteção de Dados Pessoais”, approved by Law no. 58/2019, 8 August.
8. Personal Data: data relating to individuals, considered personal data under the GDPR.
9. Priberam’s Privacy Policy: policy accessible at: https://priberam.pt/Docs/Priberam_Privacy_Policy.pdf
10. Data Indispensable for the Performance of the Contract: data provided by the Client and/or the Users to Priberam, namely Personal Data concerning the Client and/or each User, such as display name and email, as well as any other additional data necessary to safeguard the legitimate interests of the Parties, collected, recorded and managed in accordance with the provisions of Priberam’s Privacy Policy.
11. Unlawful Content: It is considered unlawful content, any content that:
a) the Client and/or the Users do not own or have the necessary legal rights to use it for the intended purpose;
b) was produced by any entity that does not i) comply with international rules about child labour, health and safety, discrimination and living wages; or ii) respect democratic processes and human rights;
c) was produced by any news organisation that does not observe the rules of fair journalism as laid down in the IFJ Global Charter of Ethics for Journalists;
d) does not comply with the GDPR; or
e) is in any way illegal and/or considered harmful by the European Union.
III – Specific Provisions
1. The Intellectual Property [IP] of the Owners is protected by the Portuguese “Código do Direito de Autor e dos Direitos Conexos”, related legislation and international treaties.
2. The Client may allow the use of the System, during the subscribed period, by a number of Users that does not exceed the contracted number.
2.1 The Client or its representative undertakes to communicate to all Users the terms and conditions under which they may use the System.
3. The Client and Users agree:
a) not to use the System, or any resources available throughout the System, to process, store or perform any operation with Unlawful Content;
b) not to use the System, or any resources available throughout the System, with any criminal objective;
c) not to harm the System in any way;
d) not to reverse engineer, decompile, decompose or alter the software, alter the contents of data files or extract any information from the System data files.
4. The Client assumes responsibility:
4.1 By deciding whether or not to use the System and the services made available by the Service Providers, after assessing: a) its suitability for the intended purpose, in particular, but not exclusively in technical, legal and ethical terms; b) the risks inherent in the use of innovative systems; and c) the sensitivity of the environment in which it is used.
4.2 For possible misuse of the System, namely use contrary to the instructions for use or operation methods, or use contrary to the law.
4.3 To ensure the training and information of Users regarding the correct way to use the System, limitations and good practices.
4.4 To provide Priberam with the indispensable data for the execution of the Contract, ensuring in advance that it has the legitimacy to do so, namely by having the necessary authorisations from the owners of the Personal Data.
5. By authorising the Users to use the System, the Client is aware that the System, despite the level of quality and care used in its development:
5.1 Has or may have limitations and errors, known or not, i) arising from the state of the art of technologies and knowledge, and; ii) of the resources (of the Owners, the Client, the Users or third parties) used in its development and/or operation that may lead to errors within the scope of its operation.
5.2 It may, by unforeseeable circumstances or force majeure, be tampered with, resulting in unforeseeable errors.
6. The use of plain X does not grant the rights to:
6.1 Create and/or exploit a service or system based on the direct or indirect use of the System, without prior written authorisation from Priberam.
6.2 Copy, reproduce or transmit in any form whatsoever any document accompanying the System.
6.3 Granting a third party or third parties, under any legal form, free of charge or for a consideration, access to the System without Priberam‘s prior written authorisation.
IV – Warranty Terms and Conditions
1. No implied warranty is given as to the suitability of the System, its associated documentation or the services made available by the Service Providers for a particular purpose or objective.
2. No warranty is given with regard to the services provided by the Service Providers, namely but not exclusively in terms of quality, technical aspects or compliance with ethical and/or legal aspects.
3. Priberam cannot guarantee the permanent and future operability / accessibility of the services external to the System, namely, but not exclusively those supplied by the Service Providers, since the access conditions or the connection protocols may be modified at any time for reasons and decisions beyond Priberam‘s control.
4. To the extent permitted by law, neither the Owners nor any of the other owners of components of the System shall be liable for any damages whatsoever, including consequential damages, lost profits, business interruption, loss of information or data and other pecuniary losses arising from the use or inability to use the System.
5. In any case, the full liability of the Owners or any of the other System component owners, possibly arising from the use of the System, is limited to the amount that the Client has paid for the subscription of the current period of plain X.
6. The limited warranty may not be invoked if the deficiency of the System results from accident, misuse, abuse or improper use.
Please forward any questions about these ToS to:
Priberam Informática, S.A.
Alameda D. Afonso Henriques, 41 – 2.º
1000-123 LISBOA
PORTUGAL
Email: [email protected]
Tel.: +351 217 817 260 [call to the Portuguese landline network]
Alameda D. Afonso Henriques, 41 – 2.º
1000-123 LISBOA
PORTUGAL
Email: [email protected]
Tel.: +351 217 817 260 [call to the Portuguese landline network]
© 2023, Priberam Informática, S.A. All Rights reserved.
Priberam and Priberam Informática are registered trademarks of Priberam.
Priberam and Priberam Informática are registered trademarks of Priberam.