Terms of Service

ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using SpeakWise, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

ENTITY INFORMATION

Company: Setter AI LLC

Doing Business As: Speakwise

Jurisdiction: Delaware, United States

Contact: Available through app settings or support channels

DESCRIPTION OF SERVICE

SpeakWise is an AI-powered meeting assistant that provides:

• Audio recording and transcription services
• AI-generated meeting summaries and action items
• Integration with third-party services (Notion, Google Drive, etc.)
• Meeting analytics and insights
• Cloud storage and synchronization

ELIGIBILITY

You must be at least 16 years old (or 13 in the US) to use this Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

USER RESPONSIBILITIES AND CONSENT REQUIREMENTS

Recording Consent and Legal Compliance

YOU ARE SOLELY RESPONSIBLE FOR:

• Obtaining explicit, informed consent from ALL participants before recording any conversation or meeting
• Complying with all applicable federal, state, local, and international laws regarding audio recording
• Understanding and following one-party vs. two-party consent laws in your jurisdiction
• Providing clear notice to participants that recording is occurring
• Ensuring you have legal authority to record conversations
• Respecting participants' rights to decline recording

Recording Laws by Jurisdiction (Examples - Not Exhaustive):

• Two-party consent states (US): California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington, and others
• GDPR territories: Explicit consent required for voice data processing
• Other jurisdictions: Consult local legal counsel for specific requirements

Account Security

• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access
• Use strong, unique passwords
• Enable available security features

Data Integrity and Backups

• Maintain your own backups of important recordings and data
• We are not responsible for data loss due to user error or technical failures

PROHIBITED USES

You may not use SpeakWise to:

Legal Violations

• Record conversations without required consent
• Violate any applicable laws, regulations, or third-party rights
• Engage in illegal surveillance or wiretapping
• Violate privacy rights or confidentiality agreements

Harmful Activities

• Harass, abuse, threaten, or harm others
• Distribute malware, viruses, or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers

Intellectual Property Violations

• Infringe copyrights, trademarks, patents, or other intellectual property
• Use the Service for commercial purposes without authorization
• Reverse engineer, decompile, or attempt to extract source code

Misuse of Service

• Create fake or misleading accounts
• Share account credentials with unauthorized users
• Use automated systems (bots) to access the Service
• Overload or attempt to disrupt our infrastructure

INTELLECTUAL PROPERTY RIGHTS

Service Ownership

The Service, including all software, designs, text, graphics, and other content, is owned by Setter AI LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for personal or business purposes in accordance with these Terms.

Your Content

You retain ownership of all recordings, transcriptions, and other content you create using the Service. By using the Service, you grant us a limited license to:

• Process and store your content to provide the Service
• Create transcriptions, summaries, and insights from your recordings
• Backup and synchronize your content across your devices

This license terminates when you delete content or terminate your account.

Third-Party Content

The Service may contain third-party content or links to third-party services. We do not endorse or assume responsibility for third-party content or services.

SUBSCRIPTIONS AND PAYMENTS

Subscription Terms

• Subscriptions automatically renew unless canceled
• Pricing may change with 30 days' notice to existing subscribers
• Refunds are governed by Apple's App Store refund policy
• Free trial terms are specified at signup

Billing

• Payment is processed by Apple through the App Store
• You authorize recurring charges for subscription renewals
• Failed payments may result in service suspension

PRIVACY AND DATA PROTECTION

Your privacy is governed by our Privacy Policy, incorporated by reference into these Terms. Key points include:

• We collect audio recordings, transcriptions, and account information
• Data is encrypted and stored securely
• We do not sell or share your personal data except as disclosed
• You have rights to access, correct, and delete your data
• Audio recordings are considered personally identifiable information

SERVICE AVAILABILITY AND MODIFICATIONS

Service Availability

• We strive to provide reliable service but cannot guarantee 100% uptime
• Scheduled maintenance may temporarily interrupt service
• We may suspend service for security reasons or Terms violations

Service Modifications

• We may modify, update, or discontinue features at any time
• Material changes will be communicated with reasonable notice
• Continued use after modifications constitutes acceptance

THIRD-PARTY INTEGRATIONS

The Service may integrate with third-party services (Notion, Google Drive, etc.):

• Third-party terms and privacy policies apply to their services
• We are not responsible for third-party service availability or functionality
• Integration permissions can be revoked at any time through app settings
• Data shared with third parties is governed by their policies

DISCLAIMERS AND WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of transcriptions
• Uninterrupted or error-free service
• Security of data transmission or storage

We do not warrant that:

• AI transcriptions will be 100% accurate
• The Service will meet your specific requirements
• Defects will be corrected
• The Service is compatible with all devices or operating systems

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for data loss, business interruption, or lost profits
• We are not responsible for legal consequences of unauthorized recording
• We are not liable for third-party service failures or data breaches

Some jurisdictions do not allow these limitations, so they may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless Setter AI LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Unauthorized recording or privacy violations
• Your content or conduct

TERMINATION

Termination by You

• You may terminate your account at any time through app settings
• Subscription cancellation prevents future charges but does not provide refunds
• You remain responsible for all charges incurred before termination

Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or applicable laws
• Engage in fraudulent or harmful activities
• Fail to pay required fees
• Remain inactive for an extended period

Upon termination:

• Your access to the Service will cease
• Your data will be deleted according to our Privacy Policy
• These Terms remain in effect for ongoing obligations

APPLE APP STORE TERMS

For iOS users, additional terms apply:

• You acknowledge that these Terms are between you and Setter AI LLC, not Apple
• Apple is not responsible for the Service or any claims relating to it
• Apple may remove the app for Terms violations
• You must comply with Apple's Usage Rules in the App Store Terms of Service

DISPUTE RESOLUTION

Governing Law

These Terms are governed by Delaware state law and applicable federal law, without regard to conflict of law principles.

Dispute Resolution Process

1. Contact us first to resolve disputes informally
2. If unresolved after 30 days, either party may pursue binding arbitration
3. Arbitration will be conducted by the American Arbitration Association
4. Arbitration will occur in Delaware or your state of residence (your choice)
5. You may opt out of arbitration by written notice within 30 days of account creation

Class Action Waiver

You agree that disputes will be resolved individually, not as part of a class action, collective action, or representative proceeding.

FORCE MAJEURE

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

SEVERABILITY

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions continue in full force and effect.

ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Setter AI LLC regarding the Service, superseding any prior agreements.

CHANGES TO TERMS

We may modify these Terms at any time by:

• Posting updated Terms in the app
• Sending notice to your registered email address
• Providing 30 days' notice for material changes affecting your rights

Continued use after changes constitutes acceptance of updated Terms.

CONTACT INFORMATION

For questions about these Terms:

• Contact us through app settings or support channels
• Email: Available in app support section
• Legal notices: Available upon request for legal purposes

COMPLIANCE AND CERTIFICATIONS

These Terms comply with:

• Apple App Store Review Guidelines
• Delaware corporate law
• Applicable consumer protection regulations
• Federal and state privacy laws

Effective Date: January 16, 2025

Version: 1.0