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Terms & Conditions

Fennec ASR API Terms and Conditions
 
Effective Date: July 30, 2025


These Terms and Conditions (“Terms”) govern your access to and use of the Fennec ASR API service (the “Service”) provided by Ember Technologies, LLC, a Montana limited liability company doing business as Fennec ASR (“Company,” “we,” “us,” or “our”).
By creating an account, accessing the API, or otherwise using the Service, you (“User,” “you,” “your”) agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
 
1. Service Description
 
Fennec ASR provides an application programming interface (“API”) that allows users to submit digital audio data (“Audio Data”) and receive an automated text transcription (“Transcript”). Access to the Service is provided via a unique API key generated upon your account registration. You are solely responsible for the security of your API key.
 
2. Data Handling and Privacy
 
Your privacy is critically important to us. Our data handling practices are as follows:

  • 2.1. Audio Data: We do not retain, store, copy, or back up any Audio Data you submit to the Service. The Audio Data is held in the server’s temporary memory solely for the duration required to perform the transcription and is irretrievably deleted immediately upon completion of the processing job. We maintain no records of the audio content you provide.

  • 2.2. Transcripts: We store the text Transcripts generated from your Audio Data for your convenience. You can access your stored Transcripts at any time via the API. You retain full ownership and control over your Transcripts. You may request the permanent deletion of any or all of your Transcripts by contacting us, and we will process the deletion promptly.

  • 2.3. No Use for Training: We will not use your Audio Data or Transcripts for any purpose other than providing the Service directly to you. Your data will not be used to train, improve, or enhance our ASR models or for any other analytical or commercial purpose.

 
3. Fees, Payment, and Subscriptions
 

  • 3.1. Subscription Plans: The Service is offered on a monthly subscription basis through various tiered plans (“Subscription Plans”), each with a specified usage allowance (e.g., minutes of audio processed per month).

  • 3.2. Overage Fees: If your usage exceeds the allowance of your chosen Subscription Plan in a given billing cycle, you will be charged for the additional usage on a pay-as-you-go basis at the rates specified for your plan.

  • 3.3. Payment and Billing: You must provide a valid payment method to use the paid services. Subscription Plans are billed in advance on a monthly recurring basis. You authorize us to charge your payment method for your chosen Subscription Plan and any applicable overage fees.

  • 3.4. Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account dashboard or by contacting us prior to the renewal date.

  • 3.5. No Refunds: Payments are non-refundable, and there will be no refunds or credits for partially used periods, downgrades, or unused time in an open account.

  • 3.6. Taxes: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

 
4. Acceptable Use and Prohibited Conduct
 
You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You are expressly prohibited from:

  • a. Using the Service for any illegal activities, including but not limited to transcribing content that infringes upon copyright, privacy, or other laws.

  • b. Using the Service for any “High-Risk Activities.” High-Risk Activities are those where failure or inaccuracy of the Service could lead to death, personal injury, or severe physical, property, or environmental damage. Examples include, but are not limited to, medical diagnosis or treatment, control of aircraft or other modes of human mass transportation, control of nuclear or chemical facilities, or any emergency response services. If you are unsure whether your use case is a High-Risk Activity, you must request and receive prior written approval from us by contacting info@fennec-asr.com.

  • c. Attempting to reverse-engineer, decompile, disassemble, or otherwise extract the source code of the Service.

  • d. Reselling, leasing, or sublicensing the Service without our express written permission.

  • e. Using the Service in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, or that could damage, disable, or impair the Service.

 
5. Intellectual Property
 

  • 5.1. Our Intellectual Property: We retain all right, title, and interest in and to the Service, including the API, software, algorithms, documentation, and the “Fennec ASR” brand and logos. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

  • 5.2. Your Intellectual Property: You retain all right, title, and interest in and to your Audio Data and the resulting Transcripts. You grant us a temporary, worldwide, royalty-free license to use, process, and store your data solely to the extent necessary to provide the Service to you as described in these Terms.

 
6. Disclaimers and Warranties
 
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBER TECHNOLOGIES, LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE MAKE NO GUARANTEE AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TRANSCRIPTS. YOU ACKNOWLEDGE THAT AUTOMATIC SPEECH RECOGNITION IS A STATISTICAL PROCESS AND THAT ERRORS ARE INHERENT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY OF ALL TRANSCRIPTS.
 
7. Limitation of Liability
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBER TECHNOLOGIES, LLC, ITS MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO US FOR THE USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
 
8. Indemnification
 
You agree to defend, indemnify, and hold harmless Ember Technologies, LLC and its licensee and licensors, and their employees, contractors, agents, officers, and members, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) your breach of these Terms.
 
9. Governing Law and Dispute Resolution
 

  • 9.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Montana, without regard to its conflict of law provisions.

  • 9.2. Binding Arbitration: You and Ember Technologies, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration will be held in Yellowstone County, Montana, or another mutually agreed location.

  • 9.3. No Class Actions: YOU AND EMBER TECHNOLOGIES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 
10. Miscellaneous
 

  • 10.1. Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes, either by email to the address associated with your account or through a notice on the Service dashboard. Your continued use of the Service after such changes become effective constitutes your acceptance of the new Terms.

  • 10.2. Entire Agreement: These Terms constitute the entire agreement between you and Ember Technologies, LLC regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

  • 10.3. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

  • 10.4. Contact: All notices or other communications to us should be sent to: Ember Technologies, LLC DBA Fennec ASR Email: info@fennec-asr.com

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