Terms of Service

1. Acceptance of Terms

By accessing and using Whisper Notes services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with these terms, please do not use our services.

2. Description of Service

Whisper Notes provides AI-powered transcription and note-taking services. The service processes audio on-device and can create transcriptions in multiple languages. We offer both free and premium subscription plans with varying features. All audio processing happens on your device, and Whisper Notes does not control your device or make decisions on your behalf.

2.1 License Grant

Subject to your compliance with these Terms, Liberace AI grants you a non-exclusive, non-transferable, revocable, limited license to download, install, and use the Services for your personal note-taking and transcription purposes. Your right to use the Services is conditional upon your compliance with these Terms. You shall not modify, distribute, sell, lease, loan, or create derivative works based on the Services or any part thereof. The Services are licensed, not sold, to you.

3. Privacy and Data Protection

All audio processing happens on your device. We do not store or transmit your audio data to our servers. For full details on how we handle your information, please review our Privacy Policy.

4. User Accounts

To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify Whisper Notes of any unauthorized use of your account.

4.1 Account Registration

You may need to create an Apple ID to download and use the Services. You are entirely responsible for the security and confidentiality of your Apple account, including your password. Furthermore, you are entirely responsible for any and all activities that occur under your Apple account when using our Services.

5. Subscription and Billing

Premium features require a subscription. By subscribing, you agree to pay the fees according to your selected plan. Subscriptions automatically renew unless canceled before the renewal date. Refunds are provided in accordance with the platform's policies through which you purchased the subscription.

5.1 Payment Terms

All payments and subscriptions are processed through Apple's App Store. The subscription includes full access to Whisper Notes premium features, automatic updates, and customer support. By subscribing to our paid services, you agree to the App Store's payment terms and authorize Apple to charge your chosen payment method. Subscription management, including cancellation, is handled through your Apple ID account settings.

6. Acceptable Use

You agree not to use Whisper Notes for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction, including copyright or trademark laws. You agree not to use the service to process content that is unlawful, threatening, abusive, or otherwise objectionable.

6.1 Prohibited Uses

You agree not to:

• Share your account credentials with others

• Attempt to reverse engineer the software

• Use the service for any illegal purposes

• Interfere with or disrupt the service

• Use the Services in a manner that violates any applicable local, state, national, or international law or regulation

• Attempt to bypass or circumvent any security measures implemented within the Services

• Upload or transmit viruses, malware, or other malicious code

7. Intellectual Property

Whisper Notes and its content, features, and functionality are owned by Liberace AI and are protected by international copyright, trademark, patent, and other intellectual property laws. You may not modify, reproduce, or create derivative works based on our service.

7.1 Content Ownership

All content generated using our service during your use (such as transcriptions and notes) is owned by you, but the software, branding, algorithms, and infrastructure remain the intellectual property of Liberace AI. We reserve all rights not expressly granted to you in and to the Services. Any breach of our intellectual property rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

7.2 Feedback

If you provide us with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate without attribution or compensation to you.

8. Limitation of Liability

Whisper Notes is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the reliability or accuracy of transcriptions. We are not liable for any indirect, incidental, special, or consequential damages resulting from the use of our service.

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIBERACE AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Liability

IN NO EVENT SHALL LIBERACE AI, ITS OWNER, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

8.3 No Guarantee of Results

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR EFFECTIVENESS OF TRANSCRIPTIONS OR ANY AI-GENERATED CONTENT. YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS AND OUTCOMES BASED ON THE SERVICE'S OUTPUT.

9. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of significant changes through our website or via email. Your continued use of the service after such modifications constitutes your acceptance of the updated terms.

10. Termination

We may terminate or suspend your account and access to our service immediately, without prior notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

11. Indemnification

You agree to defend, indemnify, and hold harmless Liberace AI and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Services caused damage to a third party.

12. Dispute Resolution

12.1 Arbitration Agreement

All claims and disputes arising out of or relating to these Terms or your use of the Services shall be settled by binding arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law principles.

13. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including but not limited to acts of God, fire, flood, natural or nuclear disaster, epidemic, pandemic, terrorist attack, war, civil commotion, malicious damage, compliance with any law or governmental order, power failure, or failure of public or private telecommunications networks.

14. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

15. Assignment

You may not assign, transfer, or sublicense these Terms or any of your rights or obligations under these Terms without our express written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms without your consent.

16. Age Restriction

The Services are not intended for users under the age of 13. By using the Services, you confirm that you are at least 13 years of age. If you are under the age of 18, you represent that you have your parent or guardian's permission to use the Services.

17. International Users

Whisper Notes is used globally, and we are committed to complying with international privacy laws, including the General Data Protection Regulation (GDPR) in the European Union and the Personal Data Protection Act (PDPA) in Singapore. If you have any questions about how we handle your data, please contact us.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at LiberaceAI@gmail.com.