Terms of Service

1. Agreement to Terms

By downloading, installing, accessing, or using VoxChimp ("the Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Application.

These Terms constitute a legally binding agreement between you and VoxChimp ("we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Application constitutes acceptance of any changes.

2. Description of Service

VoxChimp is a macOS application that provides voice-to-text dictation services. The Application processes your voice locally on your device and pastes transcribed text at your cursor position. Additional features include voice health insights and transcription history.

3. Eligibility

You must be at least 13 years old to use the Application. By using VoxChimp, you represent and warrant that:

• You are at least 13 years of age
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Application under applicable laws
• If using on behalf of an organization, you have authority to bind that organization to these Terms

4. License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Application on Mac computers you own or control
• Use the Application for personal or professional purposes
• Access features included in your subscription tier

This license is for the duration of your active subscription or trial period. Upon expiration or termination, your license to use the Application ends.

5. Free Trial

VoxChimp offers a 7-day free trial with full functionality. The trial begins when you first launch the Application. No credit card is required to start the trial.

• Trial includes all features available in the paid subscription
• After the trial period, a paid subscription is required to continue using the Application
• Trial period cannot be extended or reset
• We reserve the right to modify or discontinue the trial offer at any time

6. Subscription and Payment

Subscription Plans

• Monthly: $7.99 per month, billed monthly
• Annual: $59.99 per year, billed annually (25% savings)

Billing

• All payments are processed securely through Stripe
• Subscriptions automatically renew unless canceled before the renewal date
• You will be charged at the beginning of each billing cycle
• Prices are in USD and exclude applicable taxes

Cancellation

• You may cancel your subscription at any time through the customer portal
• Cancellation takes effect at the end of your current billing period
• You retain access to the Application until your subscription expires
• No partial refunds for unused time in your billing period

Refunds

Refund requests are handled on a case-by-case basis. If you experience technical issues that prevent you from using the Application, contact us within 7 days of purchase for assistance. We do not offer refunds for change of mind or failure to cancel before renewal.

7. Acceptable Use

You agree NOT to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application
• Modify, adapt, translate, or create derivative works based on the Application
• Share, transfer, sublicense, rent, lease, or sell your license to others
• Use the Application for any illegal, harmful, or fraudulent purpose
• Attempt to circumvent license validation or security measures
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use automated systems to access the Application in a manner that exceeds reasonable use
• Interfere with or disrupt the Application or servers connected to it

8. Intellectual Property

The Application, including all content, features, and functionality, is owned by VoxChimp and is protected by copyright, trademark, and other intellectual property laws.

• The VoxChimp name, logo, and all related marks are our trademarks
• You retain ownership of your voice recordings and transcribed text
• We claim no ownership over content you create using the Application

9. Voice Health Feature Disclaimer

10. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Application, you consent to our collection and use of information as described in the Privacy Policy.

11. System Requirements

• macOS 14 (Sonoma) or later
• Intel or Apple Silicon processor
• Microphone access
• Internet connection for license validation and updates

We do not guarantee the Application will work on systems that do not meet these requirements.

12. Updates and Changes

We may release updates to the Application from time to time. These updates may include bug fixes, new features, security patches, or changes to existing functionality.

• Updates are delivered through our update system (Sparkle)
• Some updates may be mandatory for continued use
• We reserve the right to modify, suspend, or discontinue any feature at any time

13. Disclaimer of Warranties

PLEASE READ THIS SECTION CAREFULLY

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that the Application will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of transcriptions
• Warranties that the Application will meet your specific requirements

Transcription accuracy may vary depending on audio quality, background noise, accents, speaking speed, and other environmental factors. You are responsible for reviewing and correcting transcribed text before use.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless VoxChimp and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Application
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

16. Termination

We may terminate or suspend your access to the Application immediately, without prior notice, for any reason, including:

• Breach of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• At our sole discretion for any other reason

Upon termination, your license to use the Application ends immediately. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which VoxChimp is established, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Application shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or in the courts of competent jurisdiction.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and VoxChimp.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights freely.
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

19. Contact Information

For questions about these Terms, please contact us through our support form or email us at tyron@indiestudio.ai.