Terms of Service
1. Provider and Scope of Application
1.1 These Terms of Service apply to all contracts and services between
Narrafix (sole proprietorship)
Owner: Christopher Kling
Mainzer Str. 74
64293 Darmstadt, Germany
E-mail: office@narrafix.audio
(hereinafter "Narrafix", "we" or "us")
and the users or customers (hereinafter "Customer" or "you") in connection with the provision of our automated rough editing/cut service (hereinafter "Service").
1.2 The service includes the uploading of audio and script files and their automated processing/editing, after which the customer can download the rough cut/edit.
1.3 These Terms of Service apply worldwide, provided that there are no mandatory legal provisions to the contrary in the customer's country of residence or domicile.
1.4 Conflicting or deviating terms and conditions of the customer are not part of the contract, unless Narrafix expressly agrees to their validity in writing.
2. Conclusion of Contract
2.1 Online Service and Registration
In order to use the Narrafix service, the customer must create a user account via the website. As part of the registration process, the customer accepts these terms and conditions.
Upon completion of registration and confirmation by Narrafix (e.g. by e-mail or within the portal), a user contract is concluded.
2.2 Procedure and Processing Time
After registration, the customer can upload audio and script files. The material is then processed automatically.
The processing time depends on the quantity and quality of the uploaded material as well as the respective server load and can vary from a few seconds to several hours. There is no entitlement to a specific processing speed.
2.3 No Claim to the Conclusion of a Contract
Narrafix reserves the right to refuse the registration of a customer without giving reasons (e.g. in case of violation of applicable law or suspicion of improper use).
3. Service Description and Conditions of Use
3.1 Type of Service
Narrafix provides an automated rough cut of the uploaded audio files. It is not a fully produced, ready-to-publish end product. The cut provided by Narrafix is to be regarded as an intermediate step that should be checked and, if necessary, corrected by a human before any publication or further processing.
3.2 Quality and Result
The result of the automated processing depends on the audio quality, the readability of the script and other factors (e.g. server load). A certain minimum quality or completeness is not guaranteed.
Claims for damages due to faulty or incomplete cuts are excluded to the extent permitted by law. However, Narrafix always endeavors to provide high-quality processing and is available for clarifications or suggestions for solutions.
3.3 No New Copyright-protected Work
The Narrafix service does not create a new copyright work. All rights to the uploaded content remain with the customer or the respective rights holder.
3.4 Use of the Data
Customer data is not used for training or the development of generative AI applications. This explicitly applies to both audio and text files.
In the event of support requests or error messages, Narrafix's internal development team can access relevant parts of the audio material in order to correct errors and optimize the service. However, this does not apply to any third-party providers.
3.5 Availability of the Service
Narrafix endeavors to provide the service as continuously as possible. There is no claim to constant availability or fault-free operation.
4. Prices and Terms of Payment
4.1 Billing per audio hour
Billing is per processed audio hour (to the second) based on the amount of data uploaded.
4.2 Pricing
FLEX: Payment according to actual use/pay-as-you-go.
PRO (subscription): Monthly quota (audio hours/minutes). Unused quota expires at the end of the month and is not carried over to the following month. Additional usage is billed at the applicable minute/hour rate.
4.3 Prices
All prices quoted include the applicable German statutory value added tax (VAT) of 19% where applicable.
For companies based within the European Union (EU) with a valid VAT identification number, the reverse charge procedure may apply in accordance with the applicable regulations. In these cases, German VAT is not charged and the customer is responsible for correct taxation in their respective EU member state.
4.4 Payment Processing
Payment is made via the service provider Stripe and is based on the payment methods offered by Stripe (e.g. credit card, SEPA direct debit, etc.). The due date is determined by Stripe's terms and conditions.
4.5 Delay
If the customer is in default of payment, the statutory provisions shall apply. Reminder and default fees may be charged accordingly.
5. Obligations of the Customer
5.1 Rights to the Content
The customer warrants that it holds all necessary rights to the uploaded audio and script files and that it does not infringe any copyrights, personal rights or other rights of third parties.
5.2 No Illegal Content
The customer does not upload any content that violates applicable law (e.g. copyright infringing, defamatory, racist or pornographic content). Narrafix reserves the right to delete illegal content and to block the customer if necessary.
5.3 Access Data
The customer is obliged to treat his access data confidentially and to protect it from access by third parties. If misuse is suspected, Narrafix must be informed immediately.
5.4 Exemption
The customer indemnifies Narrafix from all claims of third parties that arise due to a violation of these terms and conditions or against applicable law by the customer. The indemnification also includes the reasonable costs of legal defense.
6. Liability and Warranty
6.1 Exclusion of Liability for Processing Results
Narrafix assumes no warranty for the completeness, accuracy or usability of the automatically generated rough cuts. Liability for any loss or damage (e.g. due to incorrect cutting) is excluded to the extent permitted by law.
6.2 Limitations of Liability
Narrafix is liable without limitation for damages caused by intent or gross negligence on the part of Narrafix.
In the event of a simple negligent breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), Narrafix's liability is limited to the typically foreseeable damage.
In all other respects, Narrafix's liability for simple negligent breaches of duty is excluded.
The above limitations of liability shall not apply in the event of injury to life, limb or health or in the event of fraudulent intent or the assumption of a guarantee or in the event of claims under the Product Liability Act.
6.3 Data Loss
Liability for data loss is excluded if the damage is due to the fact that the customer has failed to make suitable data backups.
7. Contract Term and Termination
7.1 FLEX and PRO Tariffs
The FLEX model is a usage-based billing system that ends with each successful processing. However, the user account remains active unless the customer deletes or terminates it.
With the PRO subscription, the customer concludes an ongoing contract with monthly billing periods.
ENTERPRISE models are individually negotiated agreements and, where applicable, additional services, which are recorded in a separate document.
7.2 Termination
Subscription contracts can be terminated with 14 days notice to the end of the month, unless otherwise agreed.
Notice of termination must be given in text form (e.g. e-mail) or via the termination form provided in the portal.
7.3 Extraordinary Termination
The right to extraordinary termination for good cause remains unaffected (e.g. in the event of breaches of applicable law or material contractual provisions).
8. Final Provisions
8.1 Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
For merchants and legal entities under public law, the exclusive place of jurisdiction is Darmstadt, Germany.
8.2 Severability Clause
Should any provision of these Terms of Service be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision that comes closest to the economic purpose of the invalid provision.
8.3 Data Protection
Information on the handling of personal data can be found in our privacy policy, available at this link.
8.4 Changes to the Terms of Service
Narrafix reserves the right to adapt these terms and conditions if necessary. Customers will be informed of changes in a timely manner. If the customer does not object to the changes within 14 days, they are considered accepted.
Status: January 2025