READ-COOP SCE – General Terms and Conditions

1.    Introduction

READ-COOP SCE (officially “READ-COOP SCE with limited liability”, hereinafter referred to as “READ-COOP SCE”), Technikerstr. 21a, 6020 Innsbruck, Austria, specializes in text recognition of handwritten and printed documents, provides the “Transkribus” editor for transcription and text recognition, and sells the “ScanTent” scanning tool.

These General Terms and Conditions (GTC) of READ-COOP SCE are available at https://readcoop.eu/terms-and-conditions/ and can be downloaded and printed by any Customer. Gender neutral terms have been used throughout, and any gendered terms that remain are non-intentional and we will correct them at the earliest revision once notified.

1.1         Scope of this Agreement

The Customer wishes to use the READ-COOP SCE text recognition “as is” or in the Customer’s own software products and/or for other commercial, private or governmental purposes. To enable the Customer to use the services, they receive usage permissions (“Werknutzungsbewilligungen” according to Austrian law) for READ-COOP SCE Software Products in accordance with these GTCs. In addition, the Customer can purchase physical Products such as “ScanTent” from READ-COOP SCE.

Any deviating, contradicting or supplementary General Terms and Conditions – even if they are known to READ-COOP SCE – are not part of this Agreement, unless READ-COOP SCE has expressly agreed in written form (e-mail is sufficient).

2         Definitions

2.1          

Agreement“ refers to the agreement between Customer and READ-COOP SCE regarding the purchase or the granting of usage permissions (“Werknutzungsbewilligungen” according to Austrian law) for Products of READ-COOP SCE in accordance with these GTCs.

2.2          

API” refers to the application programming interface that READ-COOP SCE provides to the Customer as described in the Service Specification and the Documentation of READ-COOP SCE.

2.3          

API Feedback” refers to the response of the API to queries created by the Customer.

2.4          

API Request” refers to an HTTP query sent to the API by an Application.

2.5          

Application” refers to the Software or a service developed by or on behalf of the Customer and which uses the API.

2.6          

Archiving” means that Transkribus Collections containing Content which has not been actively used for a period of 120 days (no editing or recognition actions) will be marked as “archived” and a corresponding notification will be sent via e-mail to the owner of the Collection. If the Collection in question is not actively used for another 21 days, it will be automatically deleted from the READ-COOP SCE servers. This is to ensure that there is no unused or forgotten Material on the platform, to avoid storage shortages, and to be able continue to operate Transkribus without storage costs for Customers.

Business Days” are Monday to Friday, except public holidays, in Tyrol, Austria.

2.7          

Credits” has the meaning specified under the definition of “Number of Credits”.

2.8          

Content” refers to images – as specified in the Service Specification – which are sent to the READ-COOP SCE servers by the Customer in order to have them processed by the text recognition infrastructure of READ-COOP SCE.

2.9          

Customer” refers to the person or entity ordering or subscribing to the Products or services of READ-COOP SCE as a contracting party to READ-COOP SCE.

2.10     

Customer Training Data” refers to usable existing transcripts and texts, which have been corrected following potential pre-processing with Transkribus or another tool, and which have been transmitted to the READ-COOP SCE servers by the Customer in order to improve and adapt the recognition results of Transkribus or its components. Further details on the use of Customer Training Data are included in the Service Specification.

2.11     

Documentation” refers to the English language electronic documentation on the requirements and features of the Products, including the API provided to the Customer.

2.12     

End User” refers to the user of the Customer’s Application.

2.13     

Handwritten Material” means all Pages (=images) which mainly or to a large extent contain handwriting.

2.14     

Internal Users” refers to users of the customer access to the Products for internal purposes of the Customer – for example, employees of the Customer, employees of affiliated companies, freelance collaborators or service providers of the Customer.

2.15     

Number of Credits” refers to the number of Credits purchased through our online shop or otherwise transferred to the Customer’s user account. A Credit is a virtual unit of value that corresponds to a certain number of Pages (=images) that can be processed with Transkribus. The conversion rate depends on the recognition engine used and whether the Material being processed is printed or handwritten. Credits can be purchased through our online shop according to the latest version of our pricing model (see https://readcoop.eu/transkribus-pricing/) in packages containing a fixed Number of Credits.

2.16     

Page” means a single image file in terms of processing and billing.

2.17     

Printed Material” refers to material (=images) which exclusively or to a large extent contains print or typescript. The Customer can request that a particular recognition model be classified as “print model”. After a review of this request through READ-COOP SCE and if the model can really be classified as “print model”, a lower conversion rate for Credits to processable Pages (=images) can be applied.

2.18     

Processed Content” refers to all Content processed using the API or another interface of Transkribus.

2.19     

Products” refers to the products and services on the following list: API; Transkribus; ScanTent; read&search.

2.20     

Service Specification” refers to the specification of the API and the Transkribus editor as agreed upon conclusion of this Agreement.

2.21     

ScanTent” is a scanning tool that allows Customers to scan documents, using the included DocScan app on their smartphone (smartphone not included), and upload them directly to Transkribus.

2.22     

Subscription” means the Customer’s consent to purchase a certain package of Credits not only once, but also in the following calendar year. The minimum duration of a Subscription is two years. After the second year, the Customer has the right to cancel the Subscription until 30 days before the beginning of the next year.

2.23     

Third-Party Applications” refers to any application, component, library, plugin or other software provided by a third party which enables the Customer to use or access READ-COOP-SCE Products. These are, for example, recognition plugins for Third-Party Applications for which the Customer has to use their own API credentials. Third-Party Software also includes software that was supplied by READ-COOP SCE in the form of Code Parts or similar, but that has been modified and/or adapted by the Customer or others.

2.24     

Transkribus” refers to the main Software Product of READ-COOP SCE, which provides the Customer with a user interface for the text recognition services via various front ends (e.g. website and desktop application) according to the Service Specification.

3         Subject of the Agreement

3.1          

Pursuant to these GTCs including the Service Specification, READ-COOP SCE offers the Customer the use of the agreed Software Products as described in the Service Specification as well as the appropriate Documentation. This is valid for the duration of this Agreement which is constituted by these GTCs.

3.2          

The Customer pays READ-COOP SCE the remuneration agreed upon during the process of online purchase or in the online shop.

4         The Offer of READ-COOP SCE

4.1         General Notes

4.1.1         

READ-COOP SCE offers the Customer the use of its Software Products during the duration and within the scope of this Agreement, which includes the Service Specification.

4.1.2         

READ-COOP SCE stores Content or Processed Content on its servers only to the extent as this is technically necessary for the provision and further development of its services. READ-COOP SCE does not guarantee that the Content or Processed Content will be permanently stored on the servers or will be permanently made available to the Customer. The usual storage time is within the scope of what is defined under 2.6 (“Archiving”). For Documentation, READ-COOP SCE is entitled to create and store access logs for purposes concerning billing, security and statistics. These access logs do not include Content or Processed Content. However, access logs may contain metadata of API queries, such as the time of the API query and the amount of Content transferred as well as information necessary for identifying the Content in question on READ-COOP SCE servers.

4.1.3         

READ-COOP SCE will use Customer Training Data and Content primarily in connection with the text recognition activities of the respective Customer. The Customer may give their consent that their Training Data and Content – in particular their trained recognition models – will be made publicly available in Transkribus. For the duration of the Agreement, READ-COOP SCE ensures that no unauthorized persons have access to this data within the infrastructure of READ-COOP SCE.

4.1.4         

READ-COOP SCE reserves the right to add additional features to the services at any time. In addition, READ-COOP SCE may modify, restrict or remove existing features for reasons of data security, technical necessities or legal changes – provided that, considering the interests of both parties, the modification, restriction or removal is deemed acceptable to the Customer. READ-COOP SCE will inform the Customer of such changes well in advance and in writing (e-mail is sufficient).

4.1.5         

Further services, including consulting, individual software development, implementation or instruction services, are provided by READ-COOP SCE only after an explicit written agreement and are charged separately.

4.1.6         

READ-COOP SCE is entitled to involve third parties entirely or partly in order to fulfil its contractual obligations. The subcontractors’ identities may be disclosed upon request, preferably prior to the use of the services of READ-COOP SCE and/or the conclusion of an Agreement.

4.1.7         

The Customer may, at their own discretion, grant Internal Users access to READ-COOP SCE Products. However, the Customer shall be fully liable for any use of the Products by Internal Users and shall ensure that they know and respect all restrictions on the use of the Products mentioned in this Agreement. The Customer shall immediately inform READ-COOP SCE of any suspected or alleged breach of this Agreement and shall cooperate with READ-COOP SCE in the investigation of such violations and in any actions taken by READ-COOP SCE to enforce this Agreement.

4.2         API

In addition to Section 4.1, the following applies to the API:

4.2.1         

READ-COOP SCE provides the Customer with their own access details for the API.

4.2.2         

The API enables the Customer to use the technical infrastructure for automatic text recognition by submitting Content to it. READ-COOP SCE processes the Content in accordance with this Agreement (incl. the Service Specification) and the available Documentation. However, READ-COOP SCE is not obliged to ensure or guarantee the accuracy of API Feedback or Processed Content, unless contracted separately. In particular, READ-COOP SCE does not assume responsibility for the accuracy or the error rate of the system, since the achieved accuracy of recognition depends primarily on the handling by the User and the effort they invested in training the recognition models. Detailed instructions and assistance for correct use are available on the READ-COOP SCE website in the “Knowledge Base” section.

4.2.3         

READ-COOP SCE may, at its own discretion, provide the Customer with software development kits or code parts (hereinafter collectively referred to as “Code Parts”). Code Parts are provided within separate agreements. READ-COOP SCE is not obliged to continue the development of Code Parts or to keep them functional or available at all times.

4.2.4         

Especially with regard to the ongoing development of the API, READ-COOP SCE may introduce new versions of the API with an extended or different range of features. In addition, READ-COOP SCE may terminate outdated versions of the API – provided that, considering the interests of both parties, the termination is deemed acceptable to the Customer. READ-COOP SCE will inform the Customer of this termination in writing (via e-mail) at least 4 weeks before the termination takes effect. READ-COOP SCE informs Customers about updates of the API via e-mail.

4.2.5         

Some Third-Party Applications may require the Customer to purchase Products from READ-COOP SCE in order to use certain features of these Applications (e.g. certain plugins). READ-COOP SCE is not responsible for any Third-Party Applications. Any use of such a Third-Party Application is subject exclusively to the terms and conditions of the respective provider and READ-COOP SCE has no influence on these Third-Party Applications.

4.3         Transkribus Expert Client

In addition to Section 4.1, the following applies to the Transkribus Expert Client of READ-COOP SCE:

4.3.1         

READ-COOP SCE’s Transkribus Expert Client software provides the Customer with an advanced user interface for the use of text recognition services according to the Service Specification and provides the possibility to recognize, tag, etc. handwritten text on a computer with the latest version of Java. READ-COOP SCE does not guarantee the proper functioning of the software on every single combination of hardware and operating system.

4.3.2         

The Transkribus Expert Client is distributed free of charge under the GPL 3 software license.

4.4         read&search

read&search is a dedicated online platform that can show and search Content that is stored on the Transkribus servers and available through the Transkribus front ends (e.g. the Transkribus Expert Client and future Transkribus web interfaces). Currently, every installation of the platform is customized and only provides Collections owned by the Customer and selected by the Customer for this purpose. Currently, read&search is only available on request and with adjustments (e.g. of the visual design of the search website etc.), which are implemented by READ-COOP SCE as part of a separate order and by arrangement.

4.5         ScanTent

READ-COOP SCE is the manufacturer (in accordance with the Austrian Product Liability Act) and distributor of the ScanTent scanning tool, which enables the User to scan documents in a controlled environment – on a desk and using only a smartphone and the free DocScan app.

4.5.1         

The shipping costs for each order of one or more ScanTents must be paid by the Customer, as are shipping costs for unneeded units.

4.5.2         

Shipments are usually dispatched once a week. READ-COOP SCE usually provides you with a tracking number during the transaction.

4.5.3         

If an item is not available at the time of dispatch, we will ship all items that are available at that time.

4.5.4         

If the Customer is a consumer, dispatch will only take place after full payment. The available payment options are: PayPal and credit card via Paypal as well as advance payment by bank transfer. Upon request and after review by READ-COOP SCE, an order on account is also possible for consumers.

4.5.5         

If the Customer is an entrepreneur, a purchase on account with shipping before payment is also possible. For this purpose, the payment option bank transfer is available. In this case, the ordered goods remain in the possession of READ-COOP SCE until full payment is made.

4.6         Support

For the technical support of its Users and Members, READ-COOP SCE offers two solutions:

a) Community support, which consists of various options such as FAQ and community support forums, and

b) Pro-support, which is only accessible to Customers who have entered into a separate Support Agreement with READ-COOP SCE. Such an Agreement entitles the Customer to send e-mails to prosupport@readcoop.eu . Any unauthorized e-mails that reach this address will be deleted automatically and an automatic reply will inform the sender of the situation.

4.7         Cooperative Membership

READ-COOP SCE offers the acquisition of shares in the company and thus membership in the Cooperative. Information on how to apply and on the accession process is available at www.readcoop.eu/join-us. All legally binding information on the Cooperative can be found in its Statutes at:

https://readcoop.eu/wp-content/uploads/2020/05/Statutes_READ_COOP_SCE_current.pdf

4.8         READ-COOP SCE Service Specification

4.8.1        Transkribus API

The Transkribus API is accessible via a REST interface. Request parameters are used to pass information to the API. Results are returned in an appropriate format (e.g. PAGE-XML, JSON). Query parameters must be encoded according to the Documentation, which is available at https://transkribus.eu/wiki/index.php/REST_Interface. Authentication is based on fixed keys and the SSL protocol. The HTR model offers the following features:

  • Training of new HTR models based on ground truth data
  • Layout analysis of document images
  • Recognition of images with layout analysis based on previously trained models

The HTR model returns the following representation of the processing result:

  • An extension to the 2013 version of the PAGE XML file format[1] is used:
https://github.com/Transkribus/TranskribusCore/blob/master/src/main/resources/xsd/pagecontent_extension.xsd

The Transkribus API recognizes only a certain number of Pages per hour. This number can vary per Customer, depending on the type of Content and the current system load.

Applications that use the API should implement a mechanism to respond to this variable throughput. A mechanism that exponentially increases the delay for each subsequent request is recommended.

4.8.2        Transkribus Expert Client

Transkribus Expert Client offers a service that the Customer can access with their Transkribus access details. The Application runs on JAVA and the installation of the latest JAVA version is recommended. The service accepts images of the scanned Page (handwritten or printed) as input and returns the recognition result in text form.

The Customer’s images and their recognition results are stored on the Transkribus servers for as long as defined in the definition “Archiving” in Section 2, as well as under the conditions described in Section 4.1.2 of these General Terms and Conditions.

Transkribus does not limit the number of images uploaded to the servers. However, it is recommended to upload only as many images as you want to process in the near future and for which you want to buy the required Credits. In the event that this recommendation is not followed, READ-COOP SCE reserves the right to send the Customer a written notification (e-mail is sufficient) about the high use of storage and to ask them to reduce it or purchase the appropriate amount of Credits. If the Customer refuses or does not respond, READ-COOP SCE reserves the right to begin deleting the Customer’s images after further notification in order to make room for the data of other Users.

Requirements and limitations concerning text recognition:

File formats (input) .jpg (recommended), .tif (not recommended — slow processing and transfer speed, no improvement in recognition quality), resolution of 300 DPI
File formats (output) XML (PAGE, ALTO), PDF, TXT, DOCX
File size Up to 25 MB
Transferability of Credits Credits that are not consumed during the current billing period are transferred to the next billing period.
Transferability to Users Credits from all packages except “Essential” packages can be shared and transferred to other Users.

5         Availability

5.1          

READ-COOP SCE ensures an annual availability of 90% uptime of its server-based services.

5.2          

Unavoidable downtime due to planned maintenance work will be communicated electronically to the Customer in good time (e.g. via e-mail).

5.3          

READ-COOP SCE is entitled to make changes to its Products at any time and to terminate the operation of the platform and the access to the platform following notification no later than two months before termination. In the event of termination of the operation of the platform, the provider is entitled, but not obliged, to delete the Content uploaded or created by the Customer. In such a case, Credits remaining on the Customer’s account (except for those received free of charge) will be refunded to the Customer according to the last valid conversion rate and using their original payment method.

6         Conclusion of an Agreement

6.1          

In order to conclude an Agreement in connection with the offers of READ-COOP SCE, it is necessary to set up a Transkribus user account, provide an e-mail address, create a password and enter a billing address. Before it is placed, any order in the online store can also be printed or downloaded as a written offer.

6.2          

READ-COOP SCE reserves the right to refuse a Customer’s order.

6.3          

Until an order is confirmed with the last click in the ordering process, the Customer can change or cancel the order at any time. By submitting an order, the Customer submits a binding contract offer.

6.4          

READ‑COOP SCE accepts the contract offer from the Customer either by explicitly confirming the offer or by providing services. READ-COOP SCE commences the delivery of its automatic services within a few minutes of the conclusion of the Agreement.

6.5          

The Agreement can only be concluded in English unless expressly agreed otherwise with READ-COOP SCE.

7         Free Processing Packages and Scholarships

7.1          

READ-COOP SCE may, at its own discretion, offer the Customer free Credit packages for processing Content – e.g. a scholarship for a thesis, Transkribus classes, etc.

7.2          

If READ-COOP SCE should become aware of more than one user account associated with the same person or institution, and if that person or institution has purchased less than 20,000 Credits with all of its accounts in the current year, READ-COOP SCE reserves the right to exclude this person or institution permanently from using its services.

8         Copyright and Intellectual Property

8.1          

READ-COOP SCE grants the Customer a non-exclusive, non-transferable, non-sublicensable worldwide right (usage permission), to use the READ-COOP SCE Software Products that are included in the Agreement. They may be used for the intended purpose, for the agreed duration of and in accordance with this Agreement.

8.2          

READ-COOP SCE grants the Customer a non-exclusive, non-transferable, non-sublicensable worldwide right (usage permission) to use the documents and support material provided for the duration of and in accordance with this Agreement. This applies in particular to reproducing and passing material on to employees or contractors, insofar as this is necessary for the adequate use of the Products.

8.3          

All rights to Content, Processed Content and/or Customer Training Data remain with the Customer. However, the Customer grants READ-COOP SCE the non-exclusive worldwide right to use the Content and Customer Training Data exclusively for the provision and improvement of the Software Products of READ-COOP SCE. In particular, the Customer grants READ-COOP SCE the right to permanently store, modify, process and transmit the Content and Customer Training Data and to sublicense the aforementioned rights to its subcontractors, insofar as this is necessary for the provision and improvement of the services that are mentioned in this Agreement. The Customer can delete their uploaded Content and Training Data at any time. However, this does not imply a claim towards READ-COOP SCE for complete deletion of non-personal data uploaded by the Customer, i.e. Content and Training Data or their backup copies, which means they may be preserved in the background.

8.4          

In the event that the recognition results of a Customer who uses the Software Products are considered copyrighted in favour of READ-COOP SCE, the following applies: In creating such recognition results, READ-COOP SCE grants the Customer all exclusive, transferable, sublicensable, worldwide indefinite rights to unlimited use of the recognition results and to any existing or future types of use, including the right to modify the recognition results and to create derivative works.

8.5          

The Customer must check and ensure that they possess the necessary copyrights or usage permissions for the texts and documents they transmit to READ-COOP SCE for text recognition. The Customer will not upload copyrighted Material to which they have no copyright or usage permission into the Software Products, nor will they use those to distribute or pass on such Material. If this instruction is not followed, READ-COOP SCE reserves the right to irretrievably delete the provided texts and documents, to report the Customer(s) in question to the authorities and to exclude them permanently from the use of the Products. The Customer is requested to notify READ-COOP SCE via e-mail in case they suspect any copyright infringement committed by other Users of the Products.

9         Customer Responsibilities

9.1         General Notes

9.1.1         

The Customer may use the Products only for the purposes agreed on by the contracting parties of this Agreement. In particular, the Software Products, Documentation or other data, information or services of READ-COOP SCE including the recognition results generated with it must not be used by the Customer for the following purposes, nor must they allow third parties (including Internal Users and End Users) to use them for these purposes:

  1. To operate critical infrastructure such as power stations, military or defence facilities, medical equipment or other devices the disruption or destruction of which would cause unpredictable economic or physical damage. This includes but is not limited to critical infrastructure as defined in European Directive 2008/114/EC;
  2. For any illegal activity, including the development of Applications that violate the rights of third parties or other applicable laws or regulations;
  3. For spamming or other unsolicited advertising;
  4. To perform a benchmark or other capacity tests of the technical infrastructure of READ-COOP SCE;
  5. To create a similar product, service or API, the purpose of which is to provide text recognition services, including but not limited to text recognition, layout analysis and search websites;
  6. For the development, marketing or training of a text recognition or layout analysis algorithm or system;
  7. For the transfer of data to READ-COOP SCE which may not be transmitted to or processed by READ-COOP SCE due to data protection laws, contractual or statutory confidentiality obligations, export restrictions or other legal regulations or third-party rights.
  8. To upload and/or store data which, by their nature (e.g. viruses) or size, present a significant risk of jeopardising the existence or operation of the Platform or of the infrastructure used by READ-COOP SCE.

9.1.2         

The Customer is obliged to keep the access details for READ-COOP SCE Software Products safe. They undertake not to pass them on to third parties unless this is necessary for the contractually intended and permitted use of the Products. The Customer is not entitled to repackage or resell access details or access to the Products to third parties unless expressly agreed otherwise with READ-COOP SCE.

9.1.3         

The Customer is obliged to comply with all legal requirements for the collection, processing and use of data which is transmitted to READ-COOP SCE in connection with the provision of services under this Agreement and which is processed by READ-COOP SCE. In particular, if they intend to use the Products for transferring personal data to READ-COOP SCE, and if they are the controller within the meaning of the GDPR, the Customer must enter into a data processing agreement (provided by READ-COOP SCE) with READ-COOP SCE before uploading the data in question. This Agreement does not apply to the processing of special categories of personal data within the meaning of Article 9 GDPR, which includes, in particular, data on racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data to uniquely identify a natural person, health data or data relating to the sexual life or sexual orientation of a natural person. The Customer will not provide nor arrange the provision of data which belongs to these special categories to READ-COOP SCE for processing. READ-COOP SCE shall not be liable in any way for such data. The Customer assures not to collect, process or use any personal data in connection with the Products of READ-COOP SCE without the express consent of the data subject(s) or sufficient legal permission otherwise. READ-COOP SCE will cooperate appropriately with the Customer to assist the Customer in complying with legal obligations.

9.1.4         

The Customer shall indemnify READ-COOP SCE in connection with any third-party claims, including necessary expenses for legal defence, which are asserted against READ-COOP SCE because of a culpable breach of Customer responsibilities. Should third parties assert such claims against READ-COOP SCE, READ-COOP SCE shall immediately inform the Customer of the asserted claims and shall leave the legal defence to the discretion of the Customer or arrange for the defence in cooperation with the Customer. READ-COOP SCE does not satisfy or accept claims of third parties without the consent of the Customer. The Customer undertakes not to withhold or delay their consent unreasonably. READ-COOP SCE is entitled to demand and receive a reasonable advance payment for the expected expenses for legal defence. Indemnification shall apply mutatis mutandis to fines or other regulatory or judicial orders and claims.

9.1.5         

If the Customer uses Third-Party Applications to access the Products, the Customer shall comply with the terms of use established by the provider of the Third-Party Application.

9.1.6         

The Customer may only use the Products in compliance with the applicable laws. This includes export control laws and regulations.

9.2         API

In addition to Section 9.1, the following applies to the API:

9.2.1         

The Customer alone is responsible for the implementation of the API and the installation, operation and maintenance of their own Application. This includes complying with all applicable laws, regulations and other requirements by third parties.

9.2.2         

The Customer must meet all technical requirements of the Service Specification and the Documentation. In particular, the Customer must ensure that all Content is transmitted to the API in an acceptable data format and with acceptable encoding.

9.2.3         

Unless expressly agreed otherwise, the Customer must inform the End Users of an Application that Processed Content that is displayed to End Users without any substantial manual changes by the Customer was created using the Transkribus API. They must do so by displaying either the logo or the brand name (including the domain) of READ-COOP SCE in that Application or in the results generated by the Application. However, the Customer must neither give the impression nor imply that READ-COOP SCE is responsible for the Processed Content or that they are acting on behalf of READ-COOP SCE. The Customer must discontinue the use of the READ-COOP SCE logo and/or brand name upon request from READ-COOP SCE.

9.2.4         

In case the Customer uses the API in an Application which is distributed through third-party platforms (e.g. mobile app stores), it is the Customer’s sole responsibility to comply with all requirements and terms of use of those platforms.

9.2.5         

In the event that the contractually intended use of the API requires transferring access details to third parties, the Customer is solely responsible for taking appropriate and effective precautions to protect the access details from misuse or unauthorized access. In particular, access details must not be stored in configuration files in plain text, nor transmitted over unencrypted public network connections.

9.2.6         

The Customer is obliged to take into account all security precautions, functional and other limitations of the API. In particular, the Customer may not circumvent, remove, deactivate or otherwise disable the protection or authentication mechanisms or API methods for purposes other than those intended or expressly documented.

9.2.7         

When implementing the Application using the API, the Customer must take precautions to ensure that their Application functions properly even if the API is not available, whether due to the fault of READ-COOP SCE or the Customer.

9.2.8         

The Customer must immediately inform READ-COOP SCE if a significant increase in the number of API Requests is to be expected, e.g. due to an exceptional increase in the number of End Users following extraordinary marketing activities etc.

9.2.9         

If READ-COOP SCE provides a new version of the API, the Customer shall implement it into their Application. They shall do so within a reasonable period of time after the announcement of the new API version, taking into account the scope of the changes, the usual development time of the industry, and the legitimate interests of the Customer, including the individual capacities of the Customer.

10    Remuneration

10.1     

The Customer shall pay the remuneration as agreed upon when concluding the Agreement. Content is charged per processed Page, that is, per image file to which the text recognition has been applied. All other actions (e.g. layout analysis) are free until revoked.

10.2     

So called re-processing of a Page, i.e. repeated text recognition on the same Page, is charged in the same way and at the same rate as the first processing of the image. This means that the charges will accrue again every time the image is processed.

API Requests will be charged in accordance with Section 10.1 if (a) the API Request has been successfully transferred with the API, and (b) valid API Feedback has been provided according to the Documentation. Server errors are considered valid API Feedback only if they are attributable to errors by the Customer. These include the use of incorrect, incompatible or insufficient Content or any other use of the API that does not comply with the technical requirements of the Service Specification or the Documentation of READ-COOP SCE. Images submitted through any graphical user interface of Transkribus will be charged in accordance with Section 10.1 if they are recognized and displayed or otherwise delivered to the Customer using any Transkribus user interface.

10.3     

It is indicated with all amounts whether they include VAT (where required) or not.

10.4     

Invoices will only be sent in digital form as PDF files via e-mail to the address provided by the Customer for this purpose.

10.5     

For items with regular remuneration, such as Subscriptions and membership fees for READ-COOP SCE, the remuneration is due at the beginning of each billing period.

10.6     

The usage permission for the agreed Software Products is only granted after payment.

11    Duration and Termination of this Agreement

11.1     

Unless expressly agreed otherwise, an Agreement on recurring services is concluded for an indefinite period. Each party may terminate the Agreement at any time effective from the end of the current billing period.

11.2     

The Customer may terminate their account and thus their access to the Products via an appropriate written notification to READ-COOP SCE without prior notice. On request, READ-COOP SCE then closes the corresponding user account. READ-COOP SCE reserves the right to release the username of the former User for a new registration six months after the cancellation.

11.3     

In case a user account has never been used to pay for Products, READ-COOP SCE is entitled to suspend the account without further inquiry after six (6) months of inactivity (no login to one of the Products) and to delete the Content and other files stored in the Customer’s account.

11.4     

In case of an important reason, in particular a breach of obligations arising from these GTCs in accordance with Section 9, READ-COOP SCE is entitled to terminate the Agreement with the Customer extraordinarily, to suspend the user account immediately and thus prevent access to the platform with immediate effect. Credits remaining on the Customer’s account (except for those received free of charge) will be refunded to the Customer according to the last valid conversion rate, using their original payment method.

11.5     

READ-COOP SCE is entitled to delete the Content uploaded or created by the User in the event of termination of an account. The User is not entitled to demand the release of the created Content after termination of the account.

11.6     

If the parties agree on a fixed duration, the Customer will be informed about the expiration of the Agreement and the individually contracted corresponding consequences (deletion of stored data etc.) one month before the expiration of the Agreement. At the same time, they will be offered the possibility of extending the Agreement.

11.7     

The statutory right to terminate for good reason remains unaffected.

11.8     

READ-COOP SCE reserves the right to restrict or discontinue API Features for reasons other than those specified in Section 4.2.4. In this case, READ-COOP SCE shall inform the Customer in writing (e-mail) of the planned changes no later than one month before they take effect.

11.9     

In the event of a serious, persistent, imminent or repeated breach of these GTCs, in particular an obligation under Section 9, READ-COOP SCE shall be entitled to temporarily suspend the Customer’s access to the Products after prior written notice (e-mail). Notwithstanding any other rights under this Agreement, READ-COOP SCE shall restore access within a reasonable period of time if the breach does not persist, is no longer directly imminent, or if the Customer has bindingly declared that the breach will not be repeated. In the event of a fraudulent act, READ-COOP SCE is entitled to suspend the Customer’s access to the Products immediately and for an indefinite period of time. The Customer will be informed in writing (e‑mail). The suspicion of fraudulent intent alone is sufficient. The following in particular is considered fraudulent behaviour:

  1. The e-mail address used for registration does not exist or is obviously invalid.
  2. The physical address does not exist or is invalid.
  3. The Customer is registered several times to use the service free of charge, or the Customer still has open payments from other agreements.
  4. The Customer is using a fraudulent, lost, stolen or banned/prohibited means of payment.
  5. The Customer has challenged a payment or requested its return without informing READ-COOP SCE of a valid reason for the challenge or the reclamation. The suspension of the Customer’s access shall be maintained until the Customer informs READ-COOP SCE of a valid reason.

11.10     

If the Customer violates the usage restrictions of the Transkribus API, READ-COOP SCE reserves the right to deactivate their access and to terminate the Agreement with immediate effect. Credits remaining on the Customer’s account will be refunded to the Customer according to the last valid conversion rate, using their original payment method.

11.11     

For products with a limit on the number of possible monthly purchases (e.g. “Essential” packages), READ-COOP SCE only allows the contractually agreed number of purchases. Once the monthly purchase limit is reached, the Customer will not be able to purchase other products of this kind. Creating new user accounts to avoid this restriction is prohibited and will result in the permanent blocking of this person or institution.

11.12     

Prior to purchasing packages, both the Customer and READ-COOP SCE may terminate the Agreement at any time with immediate effect.

12    Right to Withdraw from the Agreement

If the Customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG, BGBl. No. 140/1979), the following right of withdrawal applies:

12.1    Right of Withdrawal

The Customer has the right to withdraw from this Agreement within 14 days without giving reasons.

For Agreements on services, the withdrawal period expires 14 days from the date of the conclusion of the Agreement. In the case of deliveries of physical Products, the withdrawal period expires 14 days from delivery.

If the Customer wishes READ-COOP SCE to provide services before the expiry of the 14-day withdrawal period, they must explicitly ask READ-COOP SCE to provide services before the period has expired. If READ-COOP SCE then provides the entire service before the expiry of the withdrawal period, the Customer can no longer effectively withdraw from the Agreement. If they withdraw prior to the full provision of the service by READ-COOP SCE, they shall pay READ-COOP SCE the amount corresponding to the service already provided.

In order to exercise the right of withdrawal, the Customer must inform READ-COOP SCE of their decision to withdraw from this Agreement by means of an explicit written statement (e.g. e-mail).

In order to comply with the withdrawal period, it is sufficient if the Customer sends their notification about their exercise of the right of withdrawal before the withdrawal period expires.

12.2    Consequences of Withdrawal

If the Customer withdraws from this Agreement, READ-COOP SCE shall refund all payments received from them, including shipping costs (except for additional costs arising from the choice of a type of delivery other than the cheapest standard delivery offered by READ-COOP SCE). The refund shall be made immediately and in any case no later than 14 days from the day on which READ-COOP SCE is informed of the Customer’s decision to withdraw from this Agreement. Unless expressly agreed otherwise, READ-COOP SCE will make this refund using the same payment method the Customer used for the original payment.

13    Warranty

13.1     

If the Customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG, BGBl. No. 140/1979), the Customer is entitled to the statutory warranty right when concluding Agreements with READ-COOP SCE.

13.2     

If the Customer is an entrepreneur within the meaning of the Austrian Business Enterprise Code (UGB), §1, READ-COOP SCE assumes a warranty in connection with purchased or licensed products only insofar as this is specified in the following terms:

13.2.1     

If the Software Products or services supplied by READ-COOP SCE are deficient, READ-COOP SCE shall provide replacement within a reasonable period of time from receiving a written complaint from the Customer. If third-party software is used that READ-COOP SCE has licensed from third parties, the provision of publicly available upgrades, updates or patches shall be deemed sufficient. In the case of manufacturing defects in physical Products such as the ScanTent, READ-COOP will provide replacement equipment in the first six months after purchase.

13.2.2     

The Customer must inform READ-COOP SCE in writing of any occurring defects. This is to be done immediately, that is, at the latest one week after the occurrence (e-mail to info@readcoop.eu is sufficient; if the Customer has a Support Agreement with READ-COOP SCE, prosupport@readcoop.eu should be used to receive a faster response).

13.2.3     

The Customer supports READ-COOP SCE in the elimination of defects free of charge, particularly by providing READ-COOP SCE with all necessary documents, data and other information useful for the elimination of defects.

13.3     

In the case of free services, READ-COOP SCE shall only be liable for defects if READ-COOP SCE deliberately concealed these defects.

14    Compensation for Damages

14.1     

Legal liability applies to free Credit packages and scholarships in accordance with Section 7.

14.2     

Notwithstanding Sections 13 and 14.1 READ-COOP SCE shall be liable only for damages caused with intent or gross negligence. READ-COOP SCE shall only be liable for minor negligence in the event of physical injury, death or damage to health.

14.3     

READ-COOP SCE assumes no liability for lack of commercial success, loss of profit or indirect damage.

14.4     

Liability is limited to typical and foreseeable damage at the time this Agreement comes into effect.

14.5     

If the Customer is an entrepreneur within the meaning of the Austrian Business Enterprise Code (UGB), §1, the parties agree that typical and foreseeable damage is limited to the amount for which Products and services were ordered by the Customer in the respective case.

14.6     

Limitations of liability shall also apply with the necessary changes in favour of the employees, contractors and subcontractors of READ-COOP SCE.

14.7     

Any liability of READ-COOP SCE for warranties (which must explicitly bear this name in order to be considered warranties in the legal sense) or for claims arising from the Austrian Product Liability Act remains unaffected.

14.8     

Any further liability is excluded.

15    Changes

These GTCs may be amended by means of an appropriate agreement as follows: READ-COOP SCE shall submit the amended Terms and Conditions in writing (e‑mail is sufficient) before they are scheduled to come into effect and shall expressly inform about the new Terms and Conditions as well as the date when they are scheduled to come into effect. READ-COOP SCE grants the Customer a reasonable period of at least two (2) months to declare whether or not they accept the amended GTCs for the further provision of services and delivery of Products. If no declaration is made within this period, which begins with the receipt of the written notification, the amended Terms and Conditions shall be deemed accepted. At the beginning of the period of consideration, READ-COOP SCE expressly informs the Customer about the legal consequences, i.e. the right to object, the period of objection and the consequences of waiving a response.

16    Complaints Procedure

The European Commission offers an online platform for dispute resolution. It is available at https://ec.europa.eu/consumers/odr/. READ-COOP SCE is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

17    Final Provisions

17.1     

The Customer’s terms and conditions are not part of this Agreement unless READ-COOP SCE has expressly agreed to them in writing.

17.2     

Changes to and additional agreements to this Agreement, including the Service Specification, the main part of this Agreement and any attachments, require the written form. This also applies to a waiver of this clause on the written form.

17.3     

The Customer can only offset claims against READ-COOP SCE or assert a right of retention if their counterclaim is acknowledged by READ-COOP SCE or has been legally established.

17.4     

This Agreement is governed exclusively by the law of the Republic of Austria excluding all bilateral and/or multilateral agreements concerning the purchase of movable property. Particularly excluded are the UN Convention on Contracts for the International Sale of Goods (CISG), the conflict of laws rules of the International Private Law (IPRG) and application of Rome I. If the Customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG, BGBl. No 140/1979), mandatory statutory consumer protection regulations under the law of the country in which the consumer has their habitual residence remain unaffected.

17.5     

The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be Innsbruck, provided that one of the following applies: the contracting parties are businesspeople, the Customer has no general place of jurisdiction in Austria or in another EU Member State, their permanent residence was transferred to a foreign country after these Terms and Conditions came into force, or their residence or habitual residence is unknown at the time of the complaint.

17.6     

Should individual provisions of these GTCs be wholly or partially invalid, this shall not affect the validity of the remaining provisions. In this case, a new provision which corresponds or comes closest to the economic purpose of the invalid provision or the alleged will of READ-COOP SCE will be made in place of the invalid provision.

18    Contact Details

If you have any questions or claims regarding the Products of READ-COOP SCE, or if you are having technical or performance problems, please visit the website www.readcoop.eu or send an e-mail to info@readcoop.eu .

Last update: 13 October 2020


[1] https://www.primaresearch.org/publications/ICPR2010_Pletschacher_PAGE

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.