Terms of Use

    Last updated: April 08, 2026

    Agreement to Our Legal Terms

    We are SMEAN ("Company," "we," "us," "our"). We operate smean-ai.com, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

    You can contact us by email at info@smean-ai.com or by mail to SMEAN, Cambodia.

    These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and SMEAN, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

    Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

    The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

    We recommend that you print a copy of these Legal Terms for your records.

    1. Our Services

    The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    SMEAN provides AI-powered speech-to-text transcription and summarization services, primarily focused on the Khmer language. Our Services include, but are not limited to: audio and video transcription, automated meeting summarization, AI translation, workspace collaboration tools, and related features accessible through our website and mobile applications.

    We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

    2. Intellectual Property Rights

    Our intellectual property

    We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

    The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only. No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    Your use of our Services

    Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to: (a) access the Services; and (b) download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

    If you wish to make any use of the Services, Content, or Marks other than as set out in this section, please address your request to info@smean-ai.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

    We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

    Your submissions and uploaded content

    Submissions:By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

    Audio and transcript content: You retain all ownership rights to audio files you upload and transcripts generated from your audio. By uploading content to the Services, you grant SMEAN a limited, non-exclusive, royalty-free license to process, store, reproduce, and display your uploaded content solely for the purpose of providing the Services to you. This license terminates when you delete your content or close your account. You represent and warrant that you have all necessary rights to upload the content and that it does not infringe any third-party rights.

    You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

    3. User Representations

    By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

    4. User Registration and Account Security

    You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

    You are responsible for maintaining the security of your account and password. SMEAN cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if you become aware of any unauthorized access to your account or any other breach of security related to your account.

    You agree not to share your account credentials with any third party, or allow any third party to access or use your account on your behalf, except where expressly permitted by us (for example, through a workspace collaboration feature). Each individual user must create their own account. You may not create an account on behalf of another person without their express permission.

    We reserve the right to suspend or terminate your account if we suspect that your account has been compromised, is being used fraudulently, or violates these Legal Terms.

    5. Credits, Payments, and Billing

    SMEAN operates on a credit-based system. Credits are required to use certain features of the Services, including audio transcription and AI summarization. The number of credits required for each operation is displayed in the Services at the time of use.

    • Credits are non-refundable except as required by applicable law or as expressly stated in our refund policy.
    • Credits do not expire and remain valid indefinitely as long as your account remains active.
    • Prices for credits and subscription plans are subject to change. Updated pricing will be posted on the platform and will apply to all purchases made after the effective date of the price change.
    • All payments are processed securely through our third-party payment service providers. SMEAN does not store your full payment card details on its servers.
    • Subscriptions, if offered, will be automatically renewed at the end of each billing period unless you cancel before the renewal date.
    • You are responsible for all charges incurred under your account, including any applicable taxes.
    • In cases of suspected fraud or unauthorized use, we reserve the right to suspend your account and credits pending investigation.

    Free Credits

    We may offer free credits to new users or as part of promotional campaigns. Free credits may have different terms, including expiration dates or restrictions on use, as communicated at the time of the offer. We reserve the right to modify or discontinue free credit offerings at any time.

    Refunds

    Purchased credits are generally non-refundable. If you believe you have been charged in error or have a billing dispute, please contact us at info@smean-ai.com within 30 days of the charge. We will review your request and, if appropriate, issue a refund or credit adjustment at our sole discretion.

    6. Prohibited Activities

    You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

    • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
    • Use any information obtained from the Services in order to harass, abuse, or harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Services in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Services.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person or use the username of another user.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices.
    • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
    • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
    • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
    • Use the Services to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
    • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise without our prior written consent.
    • Upload audio files that you do not have the right to process, including audio that infringes the copyright, privacy, or other rights of any third party.
    • Use the transcription output to misrepresent, alter, or fabricate the statements of any individual.

    7. User Generated Contributions

    The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites.

    When you create or make available any Contributions, you thereby represent and warrant that your Contributions: are original to you or that you have the necessary rights and licenses; do not violate the proprietary rights of any third party; are not false, inaccurate, or misleading; do not violate any applicable law, regulation, or rule; do not violate the privacy or publicity rights of any third party; do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and do not link to material that violates any provision of these Legal Terms.

    8. Contribution License

    You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

    We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

    9. AI Training Data Contribution Program

    SMEAN offers an entirely optional program that allows you to contribute your audio recordings and transcripts to help improve our AI speech recognition models, with a particular focus on the Khmer language ("Contribution Program"). This section explains how the program works, what you are consenting to when you participate, and how to exercise your rights at any time.

    Opt-In — Enrollment Is Always Your Choice

    Participation in the Contribution Program is strictly opt-in. You are never enrolled automatically, and your audio files and transcripts will not be used for AI model training unless you have explicitly enabled this feature. Registering for an account, using the transcription service, or any other default action does not constitute consent to participate in the Contribution Program.

    To opt in, navigate to Settings → Audio & Privacyand enable the "Contribute to AI Improvement" toggle. You may opt in at any time after account creation. We will display a clear description of the program, including what data is collected and how it is used, before asking you to confirm your consent.

    What Data Is Contributed

    When you opt in, the following types of data from your account may be used for AI training purposes:

    • Audio segments from recordings you upload or create within the Services
    • Corresponding machine-generated and/or human-corrected transcripts
    • Metadata such as audio quality indicators, language tags, and speaker count (but not your name, email, or other directly identifying information)

    Before any data is used for training, it is processed through our anonymization pipeline, which removes or redacts personally identifiable information to the extent technically feasible. Notwithstanding the foregoing, you should be aware that audio recordings may inherently contain your voice or the voices of others, and voice characteristics may not be fully anonymizable.

    How We Use Contributed Data

    Contributed data is used solely to train, evaluate, and improve SMEAN's AI speech recognition, transcription accuracy, and related language models. It is not sold to third parties, shared with unaffiliated companies for their own use, or used for advertising or profiling purposes. Access to contributed data within SMEAN is restricted to authorized personnel involved in AI research and development and is subject to strict internal access controls.

    Opt-Out — You Can Withdraw at Any Time

    You may opt out of the Contribution Program at any time by navigating to Settings → Audio & Privacyand disabling the "Contribute to AI Improvement" toggle. Opting out takes effect immediately — no new data from your account will be added to training datasets after you withdraw consent.

    If you would like us to delete data that was already contributed to training datasets prior to your opt-out, please contact us at info@smean-ai.com. We will make reasonable efforts to remove your contributed data from training datasets, though complete removal from models that have already been trained on your data may not be technically feasible. In such cases, we will notify you of the limitation and take all reasonable steps available to us.

    No Penalty for Not Participating

    Your choice to opt in or opt out of the Contribution Program has no effect on your access to the Services, your available features, the quality of transcription you receive, or your account standing. We will not discriminate against you, restrict your account, or reduce service quality based on your participation decision. All users receive the same transcription and summarization services regardless of whether they contribute to AI training.

    Third Parties and Contributed Data

    In some cases, we may engage carefully vetted third-party AI research partners or human annotation contractors to assist with data labeling or model evaluation. Any third party with access to contributed data is bound by strict confidentiality agreements and data processing agreements that prohibit use of the data for any purpose other than assisting SMEAN with AI development. We do not transfer contributed data to any party that does not meet our security and privacy standards.

    Recordings Involving Other People

    If your recordings contain the voices or statements of other individuals (for example, a meeting recording with multiple participants), you are responsible for ensuring that you have the necessary rights and permissions from all participants before enabling the Contribution Program. By opting in, you represent and warrant that you have obtained all required consents from any identifiable individuals whose voices or statements appear in recordings you contribute.

    10. Content Standards

    These Content Standards apply to any and all Contributions you make to the Services. Contributions must, in their entirety, comply with all applicable national, federal, state, local, and international laws and regulations. Without limiting the foregoing, Contributions must not:

    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
    • Be likely to deceive any person or promote any illegal activity.
    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising without our prior written consent.
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

    11. Services Management

    We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

    12. Copyright Infringement

    SMEAN respects the intellectual property rights of others. If you believe that any content processed or stored through our Services infringes your copyright or other intellectual property rights, please contact us at info@smean-ai.com with a description of the alleged infringement and sufficient information for us to locate and review the material. We will investigate all good-faith notices and take appropriate action, including removing or disabling access to content where necessary.

    13. Third-Party Websites and Content

    The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

    Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

    Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware these Legal Terms no longer govern.

    14. Term and Termination

    These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

    If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

    Upon termination of these Legal Terms, the following provisions shall survive: all limitations on liability, all representations and warranties made by you, all indemnification obligations, all intellectual property ownership provisions, and all dispute resolution provisions.

    15. Modifications and Interruptions

    We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

    We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

    16. Governing Law

    These Legal Terms shall be governed by and defined following the laws of Cambodia. SMEAN and yourself irrevocably consent that the courts of Cambodia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

    17. Dispute Resolution

    Informal Negotiations

    To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

    Binding Arbitration

    Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC.

    Restrictions

    The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    Exceptions

    The Parties agree that the following Disputes are not subject to the above provisions: (a) Disputes seeking to enforce or protect the validity of any intellectual property rights of a Party; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

    18. Corrections

    There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

    19. Disclaimer of Warranties

    THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

    We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

    SMEAN does not warrant that the transcription output will be 100% accurate. The accuracy of AI transcription may vary depending on audio quality, background noise, accent, speaking speed, and other factors. You are responsible for reviewing and verifying all transcription output before relying on it for any purpose.

    20. Limitations of Liability

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    21. Indemnification

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

    Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

    22. User Data

    We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

    We encourage you to maintain your own backups of your transcripts and any other important data you store in the Services. While we take reasonable precautions to protect your data, we cannot guarantee against all possible data loss scenarios.

    23. Electronic Communications, Transactions, and Signatures

    Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

    24. Force Majeure

    We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. If such a force majeure event occurs, we will use reasonable efforts to notify you and to resume performance as soon as reasonably possible.

    25. Miscellaneous

    These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

    We may assign any or all of our rights and obligations to others at any time without your consent. You may not assign any of your rights or obligations under these Legal Terms without our prior written consent, and any attempt to do so will be null and void.

    If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

    There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

    The headings in these Legal Terms are for convenience only and have no legal or contractual effect.

    26. Contact Us

    In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

    SMEAN

    Cambodia

    Email: info@smean-ai.com

    For more information about your privacy rights and how we handle your personal data, please review our Privacy Policy and our Cookie Policy.