1.Agreement and the parties
These Terms of Service (the “Terms”) are a binding agreement between YapperTalk LLC, a California limited liability company (“YapperTalk”, “we”, “us”), and you, the person or organization that downloads the app, creates an account, or uses the Service (“you”).
By downloading the app, creating an account, starting a free trial, or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
You must be at least 18 years old, or the age of majority where you live if that is higher, to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind it, and “you” refers to that organization as well as to yourself.
1.1 Order of precedence
If you have signed a separate written agreement with us, or an order form for a team deployment, that document controls where it conflicts with these Terms. A data processing addendum controls over both on the subject of personal data. Otherwise these Terms, together with the Privacy Policy, are the whole of the agreement.
2.Definitions
- Service means the YapperTalk applications, the hosted speech engine, the rewrite modes, the website at yappertalk.com, and related documentation and support.
- Input means the audio captured when you activate dictation, together with any text you select or submit for rewriting, and any custom vocabulary you add.
- Output means the transcribed or rewritten text the Service returns.
- Your Content means your Input and Output together.
- Rewrite Mode means a mode that transforms a transcript into something else, such as Professional, Summarize, Agent, or Extend, as distinct from Straight Transcription, which returns your words as spoken with disfluencies removed.
3.The Service and your license to use it
Subject to these Terms and to payment of any applicable fees, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service for your own use during your subscription or trial.
We keep all rights not expressly granted. Nothing here transfers ownership of the Service, the speech engine, or any model or model weights.
3.1 How the Service processes what you say
The Service captures audio only while you activate dictation. That audio travels over an encrypted connection to our own speech engine, is converted to text in memory, and is discarded within the same request. It is not written to disk and it is not retained.
Straight Transcription ends there, entirely on our own infrastructure. The other Rewrite Modes take the resulting text and send it to a third-party AI provider we contract with, under terms that forbid them from retaining it or training on it, in order to produce the rewrite. Your audio is never part of that step. The Privacy Policy names every provider and is incorporated into these Terms by reference.
In plain language
If you would rather no transcript ever left our infrastructure, use Straight Transcription. It never does.
This summary is provided for convenience only and is not part of the agreement. If it conflicts with the section above, the section governs.
3.2 Changes and availability
We may change, improve, or discontinue features. We will give at least thirty (30) days’ notice before materially reducing core functionality during a paid period, except for changes required for security, legal compliance, or emergency maintenance. We do not promise any particular level of uptime unless we have agreed one with you in writing.
4.The app on your device
- System permissions. The app needs microphone access to hear you, and accessibility or input-monitoring permission from your operating system in order to detect the dictation key and type text at your cursor. You grant these through your operating system and can revoke them there at any time. We use them only for those purposes.
- What the app does not do. It does not read the contents of the applications or documents you are working in, does not record your keystrokes, and does not engage the microphone except while you are actively dictating.
- Updates. The app may check for and install updates automatically, including security fixes. Updates are covered by these Terms.
- Requirements. You are responsible for a compatible device, a supported operating system, and an internet connection. Transcription runs on our engine, so the Service does not work offline.
- Uninstalling. You may uninstall at any time. Uninstalling does not by itself cancel a paid subscription; see section 13.
5.Your account
You are responsible for keeping your credentials and license key confidential, for everything that happens under your account, and for telling us promptly at yappertalkteam@gmail.com if you believe someone else has accessed it.
A subscription is for one person. You may install the app on the devices you personally use, but you may not share your account, credentials, or license key with anyone else. We record a device identifier for each machine that activates your license, in order to enforce that limit and to let you revoke a lost device. If you need multiple people covered, see section 16.
Keep your email address current. We use it for billing notices, renewal reminders, and the notices these Terms require.
6.Acceptable use
You will not, and will not help anyone else:
- reverse engineer, decompile, disassemble, or attempt to derive the source code, model weights, architecture, or training data of the Service, except to the narrow extent applicable law permits this despite a contractual prohibition, and then only after giving us written notice and a reasonable chance to provide the information you need;
- extract, distill, replicate, or reconstruct any model, including by using Output to train, fine-tune, or benchmark a competing speech or text model;
- circumvent or interfere with license validation, device registration, rate limits, or any other technical protection;
- resell, sublicense, rent, lease, or run the Service as a service for others;
- probe, scan, or test the security of the Service, except under a written authorization from us;
- upload malicious code, or use the Service in a way that degrades it for anyone else;
- use the Service to record a person unlawfully, to conduct covert surveillance, or to capture the speech of someone who has not been notified where the law requires it;
- use the Service to create or spread unlawful, defamatory, harassing, or infringing content, or content that violates anyone’s rights; or
- remove or obscure any proprietary notice.
7.Recording, notice, and consent
The Service captures the speech of whoever activates dictation, and can incidentally capture others nearby. Recording law is not uniform. A number of U.S. states require every party to a conversation to consent before it is recorded, and many jurisdictions require notice to employees before workplace monitoring. Rules outside the United States, including under the GDPR, may be stricter.
You are responsible for knowing which rules apply to you and for following them: for getting any consent you need before dictating something another person said, and, if you deploy the Service across a team, for giving your people the notice the law requires before you turn it on. We cannot tell from a request whether the speech in it was lawfully captured.
The indemnity in section 20.2 covers claims that arise from a failure to meet these obligations.
8.Your content
8.1 You own it
You own Your Content. We claim no ownership of anything you dictate or of the text we return to you.
8.2 The permission we need, and its limits
You grant us a worldwide, non-exclusive, royalty-free license to process, transmit, and display Your Content solely as far as it takes to operate, secure, and support the Service for you, and to comply with law. This exists so the Service can function. It grants no other right, and it ends when the content is deleted or your subscription ends, whichever is later.
8.3 We do not train on your audio
We do not use your audio to train, fine-tune, or evaluate any model, for you or for anyone else. Audio is held in memory for one request and discarded. The AI providers that process Rewrite Mode text are contractually barred from retaining it or training on it. If we ever want to change this, we will ask for your specific, written, revocable permission first, and the default stays no until you give it.
8.4 Custom vocabulary
The Service learns the words it mishears for you, so it stops mishearing them. We may use the resulting text correction pairs, which are spellings and not recordings, to improve transcription accuracy for everyone. If you would rather we did not, write to yappertalkteam@gmail.com and we will exclude your account.
8.5 Operational data
We generate data about how the Service runs: counts, latency, error codes, and security telemetry. It does not include what you said. We use it to operate, secure, and improve the Service, and we may publish aggregated statistics from it that identify neither you nor your content.
8.6 Feedback
If you send us suggestions, we may use them freely and without obligation. Please do not include confidential information in feedback.
9.Accuracy of Output
Speech recognition and automated rewriting are probabilistic. The Service will sometimes mishear a word, drop a phrase, insert one you did not say, get a name or technical term wrong, or produce a rewrite that shifts your emphasis or meaning. Accuracy varies with accent, dialect, speech pattern, disfluency, vocabulary, background noise, microphone, and network conditions, and it will not be the same for everyone.
Rewrite Modes do more than transcribe. They reorganize, condense, and expand what you said, and they can introduce statements you did not make.
Output is a draft. You are responsible for reading it before you send, file, publish, or act on it. Do not use the service as the sole or authoritative record of a conversation, and do not rely on output without human review in any situation where an error could harm someone, create legal exposure, or affect a decision about a person’s health, safety, employment, credit, housing, insurance, education, or legal rights.
10.Intellectual property
We and our licensors own all right, title, and interest in the Service, including the applications, the hosted engine, all models and model weights, the website, all software and design, and every intellectual property right in them, along with all improvements and derivative works.
The YapperTalk name and logo are our marks. You may not use them without our written permission, except to refer accurately to the Service.
If you believe something on our site infringes your copyright, write to yappertalkteam@gmail.com with enough detail to identify the work, the material, and your contact information, and a statement of good-faith belief that the use is unauthorized. We respond to valid notices and terminate repeat infringers.
11.Free trial
The free trial runs for 14 days and does not require a payment method. When it ends, the service stops working until you subscribe. We will not charge you at the end of a trial unless you have chosen a plan and given us a payment method.
One trial per person. We may withdraw or change trial terms for future users at any time, which does not affect a trial already running. If you subscribe during a trial, billing starts as described in section 12.
12.Subscription, billing, and automatic renewal
This is a recurring subscription. It renews automatically and you will be charged automatically until you cancel.
Price: $5 USD per month, plus tax where applicable, unless a different price is shown to you at checkout and confirmed in your receipt.
Billing period: every month, charged in advance on the calendar day matching the start of your subscription.
Renewal: your subscription renews automatically at the end of each period, at the then-current price, and continues until you cancel it.
Cancel: at any time, through your account page, or by emailing yappertalkteam@gmail.com. See section 13.
- You authorize us and our payment processor to charge your payment method for each period until you cancel. If a charge fails, we may retry it and may suspend the Service until payment succeeds.
- We send a receipt for every charge, and, where the law requires it, an acknowledgment of the auto-renewal terms and a reminder before a renewal.
- Prices exclude taxes. You are responsible for sales, use, VAT, GST, and similar taxes, which we collect where required.
- Payments are processed by our payment processor. We do not receive or store your full card number.
- Keep your payment details current. You are responsible for charges incurred before a valid cancellation takes effect.
13.How to cancel
You can cancel at any time, for any reason, through your account page, or by emailing yappertalkteam@gmail.com. Cancelling takes effect at the end of the period you have already paid for, and you keep access until then. We will not ask you to call anyone, sit through a retention offer, or explain yourself.
Cancellation stops future charges. It is not the same as a refund for a charge already made; for that, see section 14. Uninstalling the app does not cancel your subscription, and deleting your account cancels it going forward.
If for any reason the in-app route is unavailable to you, email yappertalkteam@gmail.com and we will process the cancellation manually, effective the date you sent the email. A cancellation request is effective when you send it, not when we get around to it.
14.Refunds
- 14-day money back. If you are unhappy with a charge, write to yappertalkteam@gmail.com within 14 days of it and we will refund it in full. No conditions and no explanation needed.
- Outside that window, payments are non-refundable and cancellation takes effect at the end of the current period, except where the law gives you a refund right or where we have charged you in error, in which case we will put it right.
- If we terminate your subscription for a reason other than your breach of these Terms, we will refund the unused portion of what you have paid.
- Consumers in the EU and UK. You have a statutory right to withdraw from a distance contract within 14 days without giving a reason. If you ask us to begin providing the Service during that period, you acknowledge that you lose the right to withdraw once it is fully performed, and that if you withdraw partway through you owe a proportionate amount for what you used. Nothing in this section limits any statutory refund right you have.
15.Price changes
We may change the price of a subscription. If we do, we will tell you by email at least 30 days before the new price applies to you, and it will take effect at your next renewal, never mid-period. The notice will state the old price, the new price, the date it applies, and how to cancel.
If you do not want the new price, cancel before it takes effect. Continuing to use the Service after that date is acceptance of it. Where the law requires your affirmative consent to a price increase, we will ask for it rather than assume it.
16.Team and business deployments
Organizations can deploy YapperTalk across a team, with centrally managed seats, single sign-on, and an admin console. Those deployments are arranged directly: write to yappertalkteam@gmail.com.
- Where an organization pays for seats, it is our customer. It is responsible for its users’ compliance with these Terms, for provisioning and revoking their access, and for the notices and consents in section 7.
- A seat is for one named person, and may be reassigned when someone leaves, but not shared or pooled.
- An organization’s administrators can see that a seat exists, which devices it is registered to, and whether it is active. They cannot retrieve the content of anyone’s dictations from us, because we do not keep it.
- For team deployments we process personal data on the organization’s behalf as a processor, on the terms of our Data Processing Addendum, which we will sign on request.
- Where an order form or signed agreement sets different commercial terms, including seat counts, invoicing, and term length, those terms replace sections 11 through 15 for that organization.
17.Privacy
Our Privacy Policy explains what we collect, what we do not keep, who processes what, and the rights you can exercise. It is part of these Terms. The commitments in it, including that audio is never written to disk and never used for training, are contractual obligations we owe you, not marketing.
18.Warranties and disclaimers
18.1 What we do promise
We warrant that the Service will perform materially as described in its documentation during your paid subscription, and that we will not materially reduce the privacy and security protections described in the Privacy Policy during that time. If it does not, tell us at yappertalkteam@gmail.com; if we cannot fix it in a reasonable time, you may cancel and we will refund the unused portion of what you paid. That is your exclusive remedy for breach of this warranty.
18.2 What we do not promise
Except as stated in section 18.1, the service is provided “as is” and “as available,” and we and our suppliers disclaim all other warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the service will be uninterrupted, error free, or secure against every threat, that it will meet your requirements, that it will reach any particular level of transcription accuracy, or that defects will be corrected.
Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty lasts, so parts of the above may not apply to you. Where an implied warranty cannot lawfully be excluded, it is limited to the shortest period the law allows. Nothing in these Terms affects the statutory rights of a consumer, which exist alongside this agreement and cannot be waived by it.
19.Limitation of liability
19.1 Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or the loss, corruption, or inaccuracy of data, however caused and on any theory of liability, whether or not the party was told such damages were possible.
19.2 Our total aggregate liability arising out of or relating to these Terms will not exceed the greater of the amount you paid us in the twelve (12) months before the event giving rise to the liability, or one hundred U.S. dollars ($100).
19.3 Sections 19.1 and 19.2 do not apply to your obligation to pay amounts due, to either party’s indemnity obligations, to your breach of sections 6 or 7, or to either party’s gross negligence, willful misconduct, or fraud.
19.4 These limits apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, including damages for death or personal injury caused by negligence, or for fraud. Nothing in these terms excludes or limits liability that cannot lawfully be excluded, and where a limit is not permitted, our liability is limited to the greatest extent the law allows.
20.Indemnification
20.1 By us
We will defend you against a third-party claim that the Service, used in accordance with these Terms, infringes that party’s patent, copyright, or trademark or misappropriates its trade secret, and pay damages finally awarded or agreed by us in settlement. If the Service becomes the likely subject of such a claim, we may procure the right to keep using it, modify it to be non-infringing while preserving its function, or cancel your subscription and refund the unused portion. This does not apply to claims arising from Your Content, from combining the Service with something we did not provide, from modification by anyone other than us, or from use after we asked you to stop.
20.2 By you
You will defend us against any third-party claim arising from Your Content, from your use of the Service in violation of section 6, or from your failure to obtain the notices or consents required by section 7, and pay damages finally awarded or agreed by you in settlement. If you are an individual consumer, this obligation applies only to the extent the claim arises from your intentional misconduct or your breach of these Terms, and it is subject to any limit the law of your jurisdiction imposes.
20.3 Procedure
The indemnified party will give prompt notice, though delay reduces the obligation only so far as it causes prejudice; give the indemnifying party control of the defense and settlement, except that no settlement imposing a non-monetary obligation or an admission of fault may be made without consent, not unreasonably withheld; and cooperate reasonably at the indemnifying party’s expense.
21.Termination and suspension
You may stop using the Service and cancel at any time under section 13. We may terminate or suspend your access if you materially breach these Terms and do not cure within thirty (30) days of our written notice, immediately if your use presents a credible security threat or violates section 6 in a way that risks harm, if required by law, or for non-payment.
Except where immediate action is needed to prevent harm or is legally required, we will give you notice and a chance to fix the problem, keep any suspension no broader and no longer than the cause requires, and restore access once it is resolved. If we terminate your subscription for a reason other than your breach, we refund the unused portion.
Sections 2, 8.1, 8.5, 8.6, 9, 10, 14, 18.2, 19, 20, 25, 26, and 28 survive termination, along with anything else that by its nature should.
22.Beta and preview features
Features labeled beta, preview, or early access, including platform support still in development, are provided for evaluation. They may change or disappear at any time, are excluded from the warranty in section 18.1, and come with no indemnity. Do not rely on them for work that matters.
23.Third-party applications
The Service types text into whatever application your cursor is in. Those applications belong to other companies, operate under their own terms and privacy policies, and are outside our control. Once text lands in one of them, what happens to it is governed by that application, not by us.
We also rely on the service providers named in the Privacy Policy, including the AI providers that process Rewrite Mode text. We remain responsible for their performance of our obligations to you.
24.Trade compliance
You represent that you are not located in an embargoed territory, are not on any applicable restricted party list, and will not use the Service for any prohibited end use. Each party will comply with applicable export control, sanctions, and anti-corruption laws.
The Service is “commercial computer software” under 48 C.F.R. 12.212 and 48 C.F.R. 227.7202; U.S. Government users acquire only the rights in these Terms.
25.Disputes and arbitration
25.1 Talk to us first
Nearly everything gets solved by email. Before starting a formal proceeding, send a description of the problem and what you want to yappertalkteam@gmail.com. Both sides will try in good faith to resolve it for thirty (30) days. This step is a precondition to arbitration, and it applies to us as much as to you.
25.2 Binding arbitration
If we cannot resolve it, the dispute will be settled by binding individual arbitration administered by JAMS under its rules for consumer disputes then in effect, including its minimum standards of procedural fairness for consumer arbitrations, before a single arbitrator. Judgment on the award may be entered in any court with jurisdiction. You and we are each giving up the right to sue in court and to a trial by jury, except as section 25.4 allows.
25.3 You and we may each bring claims only individually, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any representative proceeding. If this paragraph is found unenforceable as to a particular claim or a particular request for relief, that claim or request is severed and heard in court under section 26, and the rest stays in arbitration. This paragraph does not waive any right to public injunctive relief that cannot lawfully be waived.
25.4 What stays out of arbitration
Either of us may bring an individual claim in small claims court instead. Either of us may also ask a court for temporary or preliminary injunctive relief to protect intellectual property or confidential information while arbitration proceeds. Doing either is not a waiver of the arbitration agreement.
25.5 Where and at whose cost
If you are an individual, arbitration will be held in the county where you live, or by telephone or video conference if you prefer, or in another place we both agree on. You will never be required to travel to a distant forum to bring a claim.
We will pay all JAMS filing, administration, and arbitrator fees for a claim brought by an individual, beyond the amount it would have cost you to file in court, unless the arbitrator finds your claim frivolous. Each side otherwise bears its own attorneys’ fees, except where a statute or the arbitrator awards them. We will not seek our attorneys’ fees from an individual consumer unless the arbitrator finds the claim was frivolous or brought in bad faith.
25.6 Opting out
You can opt out of sections 25.2 and 25.3 by emailing yappertalkteam@gmail.com within thirty (30) days of first accepting these terms, with your name and a statement that you are opting out of arbitration. Opting out costs nothing, changes nothing else in these terms, and will not affect your service in any way.
25.7 Time limit
Any claim must be brought within one (1) year after it accrues, or within the shortest longer period the applicable law requires where it does not permit a one-year limit. Where the law of your jurisdiction does not allow this limit to be shortened by agreement, it does not apply to you.
26.Governing law
These Terms are governed by the laws of the State of California, excluding its conflict of laws rules, the United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act. For any dispute not subject to arbitration, the courts in Los Angeles County, California have jurisdiction.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law entitles you to the protection of your local courts and mandatory consumer law, nothing in this section deprives you of that protection, and you may bring proceedings where you live. EU consumers can also use the European Commission’s online dispute resolution platform.
27.Changes to these Terms
We may update these Terms. For a material change, we will give at least thirty (30) days’ notice by email and by posting the updated Terms at yappertalk.com/terms with a new effective date, and it will take effect at your next renewal rather than mid-period, unless the change is required by law or needed to address a security risk. Non-material changes, such as corrections and clarifications, take effect when posted.
If you do not accept a material change, cancel before it takes effect. A change to section 25 does not apply to a dispute of which we already had notice.
We keep prior versions and will send you one on request to yappertalkteam@gmail.com.
28.General provisions
- Entire agreement. These Terms, the Privacy Policy, and any order form or signed agreement are the entire agreement on their subject matter and supersede everything before them. Nothing here limits liability for fraudulent misrepresentation.
- Severability. If a provision is unenforceable, it is modified to the least extent needed to make it enforceable, or severed if it cannot be, and the rest stands.
- Waiver. Not enforcing a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them in full, on notice, to a successor in a merger, reorganization, or sale of assets.
- Notices. We send notices to your account email; you send them to yappertalkteam@gmail.com and the address in section 29. Email notice is effective one business day after sending, absent a bounce.
- Force majeure. Neither party is liable for delay or failure, other than a payment obligation, caused by events beyond its reasonable control, including natural disaster, war, labor action, epidemic, government action, or failure of the public internet or an upstream provider.
- No third-party beneficiaries, and the parties are independent contractors.
- Interpretation. Headings are convenience only, “including” means “including without limitation,” and these Terms will not be construed against whoever drafted them.
29.Contact
Support, cancellations, and refunds: yappertalkteam@gmail.com
Legal notices, copyright claims, and arbitration opt-outs: yappertalkteam@gmail.com
Privacy requests: yappertalkteam@gmail.com, and see the Privacy Policy.
Security reports: yappertalkteam@gmail.com
Team deployments: yappertalkteam@gmail.com
YapperTalk LLC
Los Angeles, California