TERMS AND CONDITIONS OF THE APP
VASCO AUDIENCE

These Terms and Conditions specify the terms and rules for using the mobile application Vasco Audience provided by Vasco Electronics S.A. with its registered office in Krakow, Poland.

The Terms and Conditions are addressed exclusively to business and institutional clients. The Service is neither intended for nor provided to consumers.

1. DEFINITIONS
   1. Application - an integrated technological environment provided by Vasco, consisting of a mobile application (available for iOS and Android systems) and a related web interface. Both components form a unified digital structure within which the User may register an Account and use the Vasco Audience Service, as well as use other functionalities if available in a given interface.
   2. Account - a collection of resources and permissions created by the Client in the Application, enabling the use of the Application. Setting up an Account is voluntary, although necessary to use the Application.
   3. Client - a legal person or an organisational unit without legal personality, purchasing paid Hour Packages and concluding an agreement with Vasco for the provision of the Vasco Audience Service.
   4. Speaker - a User who speaks to Participants in a one-to-many or few-to-many mode.
   5. Participant/Participants - a User who joins an event initiated by a Speaker in order to receive a translation of the speech.
   6. Hour Package - a dedicated package of hours selected by the Client, offered as part of the paid version of the Vasco Audience Service.
   7. Terms and Conditions - the document specifying the rules and terms for using the Application and the Vasco Audience Service.
   8. Device - a mobile device on which the Application is installed.
   9. Vasco Audience Service - the main functionality of the Application, enabling automatic translation of speech in a one-to-many or few-to-many format in near real-time.
   10. User - a natural person who uses the Vasco Audience Service in the role of a Speaker or Participant.
   11. Vasco - Vasco Electronics S.A. with its registered office in Krakow, al. 29 Listopada 20, 31-401 Krakow, Poland, the provider of the Application and the Vasco Audience Service.
2. Technical Requirements
   1. Use of the Application by a Speaker requires:
      1. possession of a Device enabling the installation of the Application (e.g. a smartphone or tablet with the Android or iOS operating system);
      2. installation of the Application on that Device;
      3. creation of a User Account in the Application;
      4. access to the Internet;
      5. possession of a device equipped with a microphone that will record speech for transcription and translation. This may be the Device on which the Application is installed, or another external device paired with the Application;
      6. possession of an up-to-date web browser, necessary to operate the web interface of the Application.
   2. The User bears sole responsibility for ensuring an appropriate Internet connection and the correct operation of the Device.
   3. The Terms and Conditions specify the technical requirements for a User acting in the role of a Speaker.
   4. Technical requirements for Participants are available in the terms and conditions available at: https://app.vasco-audience.com/regulations/terms-and-conditions.
3. User Account
   1. Creating an Account is voluntary, although necessary to use the Application.
   2. The User may create an Account in one of the following ways:
      1. by completing the registration form (providing an e-mail address and creating a password) within the web interface of the Application and confirming Account activation via the activation link sent to the e-mail address indicated by the User;
      2. by authorising the Account via the User's existing Google account;
      3. by authorising the Account via the User's existing Apple account.
   3. By choosing the Account authorisation method described in paragraph 2, item 2 or 3 above, the User acknowledges that their personal data will be made available to Vasco for the purpose of verifying the User's identity. The data made available will be used solely for the purpose of enabling logging into the User Account in the Application. In the case of logging in via Google or Apple accounts, additional confirmation of Account registration is not required.
   4. Creating and maintaining an Account in the Application is free of charge.
   5. Within the Application settings, the User has access to Account management, including:
      1. setting and changing the Account name;
      2. changing the Account password;
      3. the “Delete account” function;
      4. viewing information about unused translation hours from the Hour Package and their expiry date.
   6. The User may delete the Account at any time using the “Delete account” function available in the Application. In order to confirm Account deletion, the User is obliged to provide the Account password in the Application.
   7. Deletion of the Account results in the loss and expiry of all unused translation hours in the Hour Package, for which the Client is not entitled to a refund.
   8. The User is obliged to secure Account login data and not to share them with third parties. Responsibility for all actions performed via the Account is borne by the Client or the User.
   9. The agreement for the provision of electronic services regarding the free-of-charge maintenance of the Account and use of the Application is concluded with the User at the moment of successful completion of the Account registration procedure. This agreement is terminated at the moment of Account deletion by the User or as a result of permanent disabling of access to the Application by Vasco.
   10. Vasco reserves the right to constantly expand and develop the Application. The User will be informed about the introduction of new functionalities directly in the Application interface or electronically.
4. The Vasco Audience Service
   1. The Application allows for the use of the Vasco Audience Service.
   2. The Vasco Audience Service enables the use of an automatic speech translation service in a one-to-many or few-to-many format in near real-time. Use of the Vasco Audience Service involves the automatic translation of the Speaker's speech into languages supported by the Application and delivering them to Participants.
   3. When using the Vasco Audience Service, the User may act in the role of a Speaker. The Speaker initiates an event via the Account created in the Application.
   4. The Speaker's utterances are automatically transcribed, translated, and sent to Participants in the languages selected by them. This process is carried out using machine translation and is fully automated.
   5. It is not possible for a Speaker to conduct several events simultaneously from one Account.
   6. The Speaker has access to the list of Participants participating in the event.
   7. Using the Vasco Audience Service in the role of a Participant is not possible via this Application. Access to the Service for Participants takes place via a separate, dedicated application. The terms and conditions for using the Vasco Audience Service in the role of a Participant are available at: https://app.vasco-audience.com/regulations/terms-and-conditions.
   8. The Speaker may manage event settings, including by:
      1. activating and deactivating the function allowing Participants to ask questions in text form;
      2. managing the availability of event content for Participants by activating or deactivating the function allowing Participants to download or share the event translation;
      3. enabling the option for Participants to listen to the translation using speech synthesis (Text-to-Speech).
   9. The Speaker may interact with Participants by orally answering questions asked in text form, displayed to the Speaker in the “Questions” tab.
   10. Deleting or clearing an event is tantamount to deleting the transcription, translation, and list of Participants.
   11. Logging out of the User Account is not tantamount to closing the event.
   12. The Vasco Audience Service is a tool for automatic machine translation carried out in near real-time. The User accepts that the automatic nature and near real-time operation may cause imperfections, delays, inaccuracies, or errors in translations.
5. Service Packages
   1. The Vasco Audience Service is made available for a fee.
   2. Before deciding to purchase an Hour Package, the User has the opportunity to test the Vasco Audience Service. For this purpose, after creating an Account in the Application, Vasco provides Clients with a free trial package.
   3. As part of the trial package, the Client receives a one-time free 30 (thirty) minutes to test the Vasco Audience Service.
   4. Vasco reserves the right to introduce changes to trial packages, of which Clients will be informed in the Terms and Conditions or via other available communication channels.
   5. After exhausting the trial package limit, further use of the Vasco Audience Service is possible only after purchasing and activating a selected Hour Package.
   6. Each Hour Package is valid for 12 months, calculated from the date of activation of the Hour Package by Vasco.
   7. Each subsequent purchase of an Hour Package results in the automatic extension of the validity period of translation hours unused under the previous Hour Package by an additional 12 months, calculated from the date of activation of this new Hour Package.
   8. After the expiry of the 12-month validity period and in the absence of the purchase of another Hour Package, unused hours are forfeited. The Client is not entitled to a refund for unused hours.
6. Purchase of Hour Packages
   1. Clients interested in purchasing an Hour Package are requested to make contact via the contact form available on the website Vasco.
   2. After sending the contact form, the Client will receive an email confirmation regarding the commencement of work on the activation of the selected Hour Package by Vasco.
   3. The Hour Package will be activated without delay, but no later than within 7 calendar days from the moment of informing the Client about undertaking work on the activation of the selected Hour Package. The Client will be informed via email of the Hour Package activation.
   4. Commencing the use of the Vasco Audience Service under the purchased Hour Package is possible immediately after its activation by Vasco.
   5. After submitting the request via the contact form, the Client will receive an invoice with a 14-day payment term.
   6. In the event of failure to pay the fee within the time limit indicated in paragraph 5 above, Vasco reserves the right to immediately deactivate the Hour Package and suspend access to the Vasco Audience Service until the payment is credited.
   7. The agreement for the provision of the paid Vasco Audience Service under the Hour Package is concluded between Vasco and the Client at the moment of activation of the Hour Package by Vasco.
   8. Vasco reserves the right to change the prices, types, and values of Hour Packages as well as the rules for activating Hour Packages. Furthermore, Vasco may implement separate billing rules, including introducing a subscription model. Clients and Users will be informed of any introduced changes with appropriate advance notice in the Terms and Conditions or via other available communication channels.
7. Satisfaction Guarantee and Refund Procedure
   1. The Client is entitled to exercise a 30-day Satisfaction Guarantee, calculated from the date of activation of the Hour Package. The right to demand a refund based on the Satisfaction Guarantee is limited and is available to the Client only once, after the first purchase of an Hour Package.
   2. The condition for exercising the Satisfaction Guarantee and receiving a full refund is the cumulative fulfillment of the following criteria:
      1. submitting a cancellation request within 30 days of the activation of the Hour Package;
      2. using a maximum of 5 hours of translation in the Vasco Audience Service.
   3. Failure to fulfill any of the conditions described in paragraph 2 items 1 and 2 above results in the loss of the right to exercise the Satisfaction Guarantee.
   4. The wish to cancel the Vasco Audience Service and exercise the Satisfaction Guarantee must be reported via email to support@vasco-electronics.com, providing the email address associated with the Account and the invoice number.
   5. After the effective submission of the request and verification of the fulfillment of conditions:
      1. Vasco deactivates the purchased Hour Package.
      2. Vasco refunds the Client the entire amount paid for the Hour Package.
   6. The request regarding the refund of funds under the Satisfaction Guarantee will be processed by Vasco without undue delay. The refund will be made using the same payment method that was used for the purchase, unless agreed otherwise.
8. Liability
   1. Vasco provides only the functionality enabling the processing of utterances and their translation. Vasco does not monitor, verify, or edit the content of the Speakers' utterances and Participants' questions, and is not liable for such content.
   2. Vasco is not liable for opinions, views, or content expressed by the Speaker or Participants in connection with the use of the Vasco Audience Service.
   3. The Speaker and the Participant are obliged to:
      1. not disseminate content contrary to the law, including content infringing the rights of third parties (e.g., copyright, personal rights);
      2. not disseminate offensive, defamatory, or vulgar content, or content inciting hatred or discrimination on the grounds of race, gender, religion, nationality, sexual orientation, or political views;
      3. not disseminate content violating good morals, ethics, or the principles of social coexistence;
      4. not use the Vasco Audience Service for activities prohibited by law, e.g., attempted fraud and extortion of funds.
   4. In the event that third parties bring a claim against Vasco related to content disseminated by the Speaker (including for infringement of copyright, personal rights, or other intellectual property rights), the Client undertakes to release Vasco from liability and cover all costs incurred by Vasco in connection with these claims, including legal costs and awarded damages.
   5. The Speaker retains the copyright to the content of their utterances.
   6. The Speaker grants Vasco a non-exclusive, royalty-free, territorially unlimited, and time-limited (until the end of the event and deletion of history) licence to use the content of the transcription and translation of utterances solely for the purpose of providing the automatic translation service and live transmission to Participants.
   7. At the same time, the User consents to the creation by Vasco of translations and adaptations of this content (derivative works) within the scope set out above, solely for the purpose of providing the Vasco Audience Service.
   8. When using the Application and the Vasco Audience Service, the User is obliged to comply with all applicable laws and not to infringe the rights and personal rights of third parties.
   9. Using the Application or the Vasco Audience Service contrary to the Terms and Conditions may result in temporary or permanent disabling of access to the Vasco Audience Service and/or the Application.
   10. Vasco shall not be liable for:
       1. direct or indirect damages (including loss of profits, data, reputation, or other intangible losses) incurred by the User or the Client in connection with the use of the Vasco Audience Service;
       2. technical problems resulting from the failure of the User or the Device to meet the technical requirements of the Device or the quality of services provided by telecommunications operators (e.g., poor internet connection quality, microphone failure, outdated software, operating system errors);
       3. translation errors resulting from technological limitations referred to in Section IV, paragraph 12 of the Terms and Conditions;
       4. force majeure.
   11. The Application and the Vasco Audience Service are provided to the User on an “As Is” basis. Vasco disclaims all warranties and representations, express or implied, regarding completeness, accuracy, functionality, fitness for a particular purpose, merchantability, non-infringement of third-party rights, availability, or error-free operation of the Services. The User bears sole responsibility and all risk associated with the use of the Service and any data or information errors. Vasco does not guarantee performance or specific results. The above exclusions apply to the fullest extent permitted by applicable law.
   12. The Client uses the Vasco Audience Services at their own risk. Vasco, its affiliates, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or other damages (including loss of data, loss of business, or loss of profits) arising from or in any way connected with the Terms and Conditions, the use of or inability to use the Service. This exclusion applies regardless of the basis of liability (contract, tort, strict liability, etc.).
   13. In no event shall the total aggregate liability of Vasco towards the Client in connection with the use of the Vasco Audience Service exceed the net amount actually paid by the Client to Vasco in the twelve (12) month period immediately preceding the event giving rise to the claim. This limit does not include legal fees or court costs. The Client acknowledges that this limitation of liability constitutes an essential element of the allocation of risk, without which Vasco would not have entered into the agreement.
   14. The provisions regarding limitation and exclusion of liability apply to the fullest extent permitted by applicable law. In the event that the law does not allow for the exclusion or limitation of liability for certain damages (e.g., for wilful misconduct or gross negligence), the liability of Vasco shall be limited to the minimum extent required by such laws. In other respects not covered by an absolute legal prohibition, the provisions of the Terms and Conditions remain in force.
   15. The Client bears full and sole responsibility for ensuring that all Users using the Vasco Audience Service within the purchased Hour Packages comply with the provisions of the Terms and Conditions and applicable laws. The Client is responsible for any breaches of the Terms and Conditions committed by Users as for their own actions.
   16. The Client is obliged not to use the Vasco Audience Service for activities prohibited by law, including in particular attempts at fraud and extortion of funds.
   17. The Client is obliged not to use the Vasco Audience Service for commercial purposes consisting of further sublicensing, resale, or distribution of the right to be a Speaker without obtaining the prior express written consent of Vasco. This provision does not apply to the collection of fees by the Client from Participants for access to content or events in which the Vasco Audience Service is used as a translation tool.
9. Intellectual Property Rights
   1. Vasco grants the Client and Users acting on behalf of the Client a licence to use the Application. The licence is non-exclusive and territorially unlimited. It is granted solely for the purpose and to the extent necessary to implement the Vasco Audience Service. The licence is time-limited and expires upon termination of the Account Agreement. The licence is granted solely to the Client and Users affiliated with them.
   2. The right to use the Application covers the following fields of exploitation:
      1. using the Application, in particular displaying and applying it on the Device;
      2. launching, storing, and using the Application on the Device.
   3. Due to security reasons and technological conditions, the User's rights to use previous versions of the Application other than the current version expire at the moment of receiving or installing the latest version of the Application on the Device.
   4. All rights to use the Application are granted solely on a non-exclusive licence basis. Neither the User nor the Client receives any shares, exclusivity, or ownership rights to the Application.
   5. Decompiling, disassembling, reverse engineering the Application or the Service, as well as any attempts to modify the source code, are prohibited.
   6. Licence terms regarding third-party software or services may require Vasco to present these licence terms to the User. The terms of these licences are made available to the User to the necessary extent, including in the form of a link to a place where the User can read them.
   7. The transfer of ownership of the Device with the installed Application by the User does not constitute a transfer of rights and obligations resulting from the Terms and Conditions. Before transferring ownership of the Device, the User is obliged to permanently delete the Application from the Device. Vasco does not have the ability to remotely delete the Application, and thus the data stored locally on the Device.
   8. The Client is prohibited from using the name, logo, trademarks, trade names, or other designations identifying the products and/or services of Vasco for any commercial, promotional, advertising, or reference purposes without obtaining the prior express consent of Vasco.
   9. The prohibition referred to in paragraph 8 above does not apply to activities necessary for the proper use of the Vasco Audience Service, including displaying Vasco designations in the Application interface or in URLs generated by Vasco to enable access to the Vasco Audience Service.
10. Complaints
    1. The User is entitled to file a complaint in the event of incorrect operation of the Vasco Audience Service, including in particular problems with audio transmission, translation, joining an event, or other factors affecting the quality of the service provided.
    2. No complaint shall be accepted regarding imperfections, delays, or inaccuracies in translation resulting from the automatic nature of the Vasco Audience Service and regarding technical problems on the part of the User/Client (e.g., internet connection quality, hardware).
    3. Complaints should be submitted exclusively via electronic means by sending an e-mail to the dedicated address: support@vasco-electronics.com.
    4. A complaint notification should contain as much detailed information as possible to facilitate the consideration of the complaint by Vasco, including in particular a detailed description of the problem (taking into account the date and approximate time of the event) and the e-mail address associated with the Account.
    5. Complaints shall be considered within 14 working days from the date of their receipt.
    6. The User shall be informed of the outcome of the complaint via the same method used to submit the complaint, unless the User indicates another preferred form of contact.
    7. In the event that the complaint is recognised as justified, Vasco shall take action to rectify the irregularities within the shortest possible time.
11. Personal Data Processing
    1. Vasco is the controller of data processed for the purpose of managing the business relationship with the Client, the security of the Account and the Application, and analytical activities. Data is processed in accordance with the principles set out in the Privacy Policy available at: https://app.vasco-audience.com/regulations/privacy-policy-mobile.
    2. With regard to content (utterances, translations, transcriptions), Vasco acts as a processor, while the Client acts as the controller.
    3. The entrustment of processing is governed by the terms specified in the Data Processing Agreement (DPA) constituting Annex No. 1 to the Terms and Conditions. Acceptance of these Terms and Conditions is equivalent to the conclusion of the Data Processing Agreement (DPA).
12. Final Provisions
    1. Vasco reserves the right to introduce changes to the Terms and Conditions for valid reasons, such as changes in applicable laws, changes in the scope of functionality of the Vasco Audience Service, technological, organisational or economic changes, including a change in the business model.
    2. Clients shall be informed of any changes with appropriate advance notice – of no less than 14 (fourteen) calendar days – by means of a notification in the Application and/or by sending an e-mail to the address assigned to the Account.
    3. A Client who does not accept the introduced changes has the right to terminate the agreement for the provision of the Account in accordance with the principles set out in paragraph 6 below. Continued use of the Application and the Vasco Audience Service after the date of entry into force of the changes to the Terms and Conditions constitutes full acceptance thereof.
    4. Subject to paragraph 2, changes to the Terms and Conditions (other than price changes, which are regulated separately) become binding on Clients holding an active Hour Package as of the date of their entry into force.
    5. Any price changes concerning Hour Packages shall not affect the current, already activated Hour Package. New prices and payment conditions shall enter into force and become binding on the Client only upon the purchase and activation of the next Hour Package.
    6. In the absence of acceptance of the new conditions of the Terms and Conditions, the Client has the right to terminate the agreement for the provision of the Vasco Audience Service and the Account with immediate effect. For this purpose, no later than within 14 days from the date of entry into force of the changes to the Terms and Conditions, the Client must:
       1. delete the Account;
       2. notify Vasco by e-mail to the address support@vasco-electronics.com of the termination of the agreement in connection with the lack of acceptance of the changes to the Terms and Conditions.
    7. In the event of timely termination of the agreement for the provision of the Vasco Audience Service and the Account, the Client is entitled to a refund of funds proportional to the unused part of the paid Hour Package.
    8. The person accepting the Terms and Conditions, acting as an employee, proxy, consultant or other agent of the Client, hereby represents and warrants that they possess full and binding authority to act on behalf of the Client.
    9. In matters not regulated by these Terms and Conditions, the laws of Poland shall apply.
    10. Any disputes resulting from the performance of these Terms and Conditions shall be resolved by the competent court for the registered seat of Vasco.
    11. The Terms and Conditions enter into force on 15.12.2025.