Terms of service

1. Who provides SMART

ASTORRE X SMART (“SMART”) is provided by Amstercode, Koningsstraat 107, 1432 PL Aalsmeer, the Netherlands, registered with the Dutch Chamber of Commerce (KVK) under number 82506949 (“we”, “us”). Website: amstercode.com. Email: office@amstercode.com.

These terms apply when you buy and use SMART. How we handle your data is described in the Privacy policy.

2. The service

SMART is an Android app and a server service that records conversations — those you record with Record, those SMART Listening saves while you have it turned on, and audio files you share into it — transcribes them, and keeps a structured, source-linked memory of them: commitments, decisions, limits and what changed. SMART Listening is optional: once you turn it on, it records conversations by itself whenever it hears speech, also in the background, until the time you chose or until you turn it off. The Privacy policy describes both modes in full. We keep developing SMART, so features can change.

Commitments, decisions and limits are currently read from English and Romanian conversations only. Conversations in other languages are kept, and may be transcribed, but nothing is extracted from them yet.

SMART is a tool that helps you remember. It is not a legal, financial or evidential record-keeping service, and nothing it stores or produces is a statement about legal standing. Transcripts can contain errors; SMART shows the passage behind each item so you can check it. You are responsible for decisions you take and messages you send. SMART’s extraction and retrieval are automated and can miss or misread something — a limit that was never said clearly, a commitment phrased ambiguously. Treat SMART as a checked memory aid, not as the authority on what was agreed.

3. Your account and age

SMART is used with an ASTORRE X SMART account. Keep its credentials secure. In the app you can sign out of SMART on your phone. From ASTORRE X SMART 1.0.2, you can also sign out every other phone signed in to your SMART account, under You → Security → Sign out of other phones; the phone you use stays signed in. To end every session, including browsers, you can also write to office@amstercode.com from your account’s email address.

You must be 18 or older to buy or use SMART.

4. Price and payment

• SMART costs €19 per month or €199 per year. Prices are in euros. The checkout shows the total you will pay before you pay it.
• There is one plan. Payment starts with the first period; there is no trial period.
• Transcription allowance. Both billing intervals include 1,200 minutes (20 hours) of transcription per calendar month (UTC), counted by the length of each recording transcribed. A recording that starts while minutes remain is transcribed in full. Once the month’s minutes are used, new recordings are still saved, and they are transcribed automatically from the 1st of the next month, using that month’s minutes. Nothing is deleted because of the allowance, and extra minutes cannot be bought.
• Before you pay, the purchase page shows the main information about SMART and these terms, and you confirm two things: that you accept these terms, and that you ask us to start SMART immediately (see section 6). The contract is concluded when your payment goes through, and SMART starts at once. We confirm the contract by email.
• SMART subscriptions are sold and billed by Amstercode and paid in advance through Stripe, our payment provider. We never see or store your card number. The Android app does not sell anything and has no in-app purchases; it is used with the subscription on your account.
• If a renewal payment fails, SMART keeps working while the payment is retried: Stripe retries it, and you can update your payment method in the meantime. If it is never recovered, the subscription ends as described in section 7. If you cancel, or close your account, while a payment is outstanding, the open invoice is voided — nothing more is charged — and access ends at once.
• If we change the price, the new price applies from your next renewal, and we tell you in advance so that you can cancel before it applies.

5. Renewal and cancellation

Monthly plan. It renews automatically every month until you cancel. You can cancel at any time. Cancelling stops the next renewal; SMART stays active until the end of the month you already paid for, and then it ends.

Annual plan — the first 12 months. The first term of the annual plan is 12 months. If you cancel during that first term, the plan does not renew: SMART stays active until the 12 months end, and then it ends.

Annual plan — after it has renewed. At the end of the first term, and of every year after that, the annual plan renews automatically for another year until you cancel. Once it has renewed, you can cancel at any time with at most one month’s notice: SMART ends one calendar month after the day you cancel (or at the end of the year you paid for, if that comes sooner). We then refund the unused, prepaid part of that year, pro rata by day: the amount you paid for that year × the days remaining after the end date ÷ the days in that year. A day counts as used only once it is complete. The refund goes to the payment method you used, when your subscription ends.

How to cancel. From ASTORRE X SMART 1.0.2, in the app, at any time, under You → Cancel subscription — the app shows the exact end date and whether the unused part is refunded before you confirm; online, at any time, on your SMART billing page in your ASTORRE X SMART account — it shows the end date and any refund before you confirm — or by email to office@amstercode.com from your account’s email address (the notice then counts from when your email arrives). We confirm every cancellation by email. Cancelling never deletes your data (section 7).

If you are a consumer in the Netherlands, Dutch law (article 6:236, under j, of the Dutch Civil Code) gives you this right: once a contract for a fixed term has been tacitly renewed, you may cancel it at any time with a notice period of at most one month. The rules above apply that right, and these terms do not limit it.

6. Right of withdrawal (consumers)

If you buy SMART as a consumer, you have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period ends at the end of the 14th day after the day the contract is concluded (the day your payment goes through).

SMART starts immediately, at your request. SMART is only sold with an immediate start. On the purchase page, before you pay, you expressly ask us to start SMART immediately, during the withdrawal period, and you acknowledge that if you then withdraw, you pay a proportionate amount for the service provided until you tell us. You keep your right of withdrawal. Both confirmations are required to buy; if you do not want SMART to start within the withdrawal period, please do not buy it yet. We record the time of your request and the version of these terms, and repeat both in the confirmation email.

How to withdraw. Use Withdraw on your SMART billing page, or tell us of your decision with a clear statement — for example an email to office@amstercode.com from your account’s email address. You may use the model withdrawal form below, but you do not have to. It is enough that you send your message before the withdrawal period has ended.

What happens. Your subscription ends and is not charged again. You pay for the service provided until you told us of your withdrawal, in proportion to the full period you paid for: the amount paid × the complete days SMART was provided ÷ the days in that period. We refund the rest — for example, if you paid €19 for a month of 31 days and withdraw five and a half days after buying, you pay 5/31 of €19 (€3.06) and we refund €15.94. If no request to start immediately is on record for your purchase, you pay nothing and we refund everything. We refund without undue delay and no later than 14 days after the day we are informed of your decision, using the same means of payment you used, unless you expressly agree otherwise.

7. When a subscription is not active

Nothing is deleted. On the phone where you are signed in, you can still read what SMART already holds, export everything, and delete anything. If you are no longer signed in, write to office@amstercode.com from your account’s email address and we will send you your data or delete it. New recordings and imports are saved and held; they are transcribed once the subscription is active again and you next open SMART. Preparing follow-ups needs an active subscription.

8. Your content

You own your recordings, transcripts and memory. You grant us only the rights needed to store, process and transcribe them to provide SMART to you, including through the technical service providers that work for us under contract. We do not use your content to train models.

SMART itself belongs to Amstercode. The app, the service, its software, design, name and the methods and technology behind it are created and owned by Amstercode and are protected by intellectual-property law and as trade secrets. Your subscription gives you a personal, non-exclusive, non-transferable right to use SMART for as long as it is active, and no other right. You may not copy, resell, decompile or reverse-engineer SMART, or try to find out how it is built, except where the law expressly allows it.

9. Acceptable use

• Record only where it is lawful for you to do so. You are responsible for telling people that you record them, and for obtaining their consent, where the law requires it. That includes the people SMART Listening records while you have it turned on.
• Do not use SMART to record anyone covertly where that is unlawful, or to monitor another person’s phone.
• Do not use SMART to infringe the rights of others, or to attack, overload or reverse-engineer the service.

We may suspend an account that breaches this section.

10. Availability

We aim to keep SMART available, but we do not promise uninterrupted service. Maintenance and faults can make it temporarily unavailable. Recordings that cannot be uploaded stay on your phone and upload when the service is back.

11. Liability

We are liable as the law provides. SMART is provided as it is and as it is available. Transcripts, summaries, extracted items and drafts are produced automatically and can be incomplete or wrong; you decide what to rely on. To the extent the law allows, we are not liable for loss that results from relying on a transcript, summary, extracted item or draft without checking it against the passage it rests on, as section 2 asks.

We work with different technical service providers, which can change over time. To the extent the law allows, we are not liable for interruptions, delays or loss caused by them, by networks or devices outside our control, or by other circumstances beyond our reasonable control.

To the extent the law allows, we are not liable for indirect or consequential loss, for loss of profit, revenue, business or opportunity, or for loss of data you could have exported. Where we are liable, our total liability is limited to the amount you paid for SMART in the twelve months before the event that caused the loss.

Nothing in these terms limits or excludes our liability for intent or gross negligence, or any liability that cannot be limited or excluded by law. Nothing in these terms limits the rights you have as a consumer under mandatory law.

12. Closing your account

You may close your account at any time; export first. To close it, use You → Your data → Close account in the app (from ASTORRE X SMART 1.0.2), or write to office@amstercode.com from your account’s email address, as described on Delete your account and data.

Closing your account also ends your subscription. It takes effect at the end of the period you have already paid for: until then you can keep using SMART, nothing more is charged, and the current period is not refunded. If your annual plan has already renewed, closing works as cancelling it after renewal (section 5): at most one month’s notice, and we refund the unused, prepaid part of that year. If a payment is outstanding when you close, the open invoice is voided — nothing more is charged — and the account closes at once. Before you confirm in the app, it shows the exact closing date and whether the unused part is refunded. On the closing date all your SMART data is deleted and you get a signed deletion receipt; the personal data held for your account is deleted on the same date, except billing records and the other records the privacy policy says are kept, for the periods it gives.

If we ever discontinue SMART, we will tell you in advance and keep export available until it ends.

13. Changes to these terms

We will tell you in the app and by email before a material change to these terms takes effect. If you do not accept the change, you can cancel before it applies.

14. Applicable law and disputes

Dutch law applies to these terms. If you are a consumer, this choice does not deprive you of the protection of the mandatory provisions of the law of the country where you have your habitual residence.

Disputes go to the competent court in the Netherlands. If you are a consumer living in the European Union, you may also bring proceedings in the courts of the place where you live, and we can bring proceedings against you only in the courts of the country where you live.

Please write to us first: most problems are quicker to solve directly.

15. Contact

Amstercode, Koningsstraat 107, 1432 PL Aalsmeer, the Netherlands · KVK 82506949 · office@amstercode.com · amstercode.com