Terms of Service
1. Acceptance
These Terms of Service (the "Terms") form a binding agreement between you and Federico Agosta, sole proprietor, established in Switzerland ("we", "us", "our"), and govern your access to and use of the Spoken Note mobile application for iOS (the "App") and the website at spokennote.app (the "Website", together with the App, the "Service").
By downloading, installing or using the App, or by purchasing a subscription, you confirm that you have read, understood and agreed to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
2. Definitions
- "Service" means the App and the Website together with all features, content and updates we make available.
- "Subscription" means a paid plan giving you access to features of the App for a defined period (monthly or yearly).
- "Demo Summary" means the one-time complimentary AI summary described in Section 5.
- "User Content" means any audio recording, transcript, note, summary or other material that you create or store using the App.
- "AI Output" means any text, summary, decision, action item or chat response generated by AI features of the Service from your transcripts.
- "Apple" means Apple Inc. and its affiliates, including the App Store.
3. Eligibility
You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into these Terms.
The Service is suitable for personal and professional use, including by self-employed users, employees and small businesses. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.
4. License
Subject to your continued compliance with these Terms and, where applicable, payment of the subscription fee, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on a compatible iOS device that you own or control, solely for your own internal use.
This license does not allow you to: (a) copy, modify, reverse engineer, decompile or disassemble the App, except to the extent expressly permitted by mandatory applicable law; (b) rent, lease, lend, sell, redistribute or sublicense the App; (c) remove or alter any proprietary notices; or (d) use the App in a way that violates these Terms or applicable law.
5. Demo summary
Each new account is entitled to one (1) complimentary Demo Summary per Apple ID for the lifetime of that account, subject to the following conditions:
- Maximum recording length for the Demo Summary: 60 minutes.
- The Demo Summary includes a full AI-generated summary of the recording, but does not include the interactive chat feature.
- No payment method is required to use the Demo Summary, and no subscription is created.
- The Demo Summary is provided "as is", on a one-time basis, and may not be combined, transferred or resold. We reserve the right to disable the entitlement in case of abuse or if the underlying Apple ID is shared, deleted or used to create multiple accounts.
The Demo Summary is not a free trial of a subscription; no recurring access, periodic free tier or automatic conversion to a paid plan is offered. Continued use of AI-powered features after the Demo Summary requires an active Subscription.
6. Subscriptions and billing
The App offers three subscription tiers — Starter (CHF 9.90 / month or CHF 99 / year), Professional (CHF 19.90 / month or CHF 199 / year) and Power (CHF 39.90 / month or CHF 399 / year), at the prices indicated in the App at the time of purchase. Applicable taxes may apply.
All purchases of subscriptions to the App are processed by Apple through the App Store and are subject to Apple's terms, including the Apple Media Services Terms and Conditions. By purchasing a subscription, you authorise Apple to charge the payment method linked to your Apple ID.
Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price, unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage and cancel your subscription at any time in your Apple ID Subscriptions settings on your iOS device.
Apple Family Sharing is not available for Spoken Note subscriptions. Each subscription is tied to a single Apple ID.
7. Cancellation and refunds
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period, and you will continue to have access to paid features until that date. We do not provide pro-rated refunds for unused portions of a billing period.
All sales are final. We do not process refunds directly. Refund requests are handled by Apple at its sole discretion in accordance with its refund policy.
Where you are a consumer resident in the European Union or Switzerland and you have a statutory right of withdrawal that applies to the purchase of digital content, you may have an additional right to withdraw within the period set by applicable law. Where you have started using paid features with our express consent before the end of the withdrawal period, you acknowledge that you may lose this right of withdrawal in accordance with applicable law.
8. Acceptable use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. In particular:
- Recording-consent laws. The recording of conversations, meetings and calls is regulated differently across jurisdictions. In some countries, recording is permitted with the consent of one participant; in others, the consent of all participants is required. You are solely responsible for ensuring that any recording you make with the App is lawful in your jurisdiction and that you have obtained any consents required by law. As a courtesy, the App plays an audible announcement at the start of every recording, but this does not relieve you of your own legal obligations.
- You must not use the Service to record, transcribe or analyse any content that violates the rights (including privacy and personality rights) of third parties.
- You must not use the Service to infringe intellectual property rights, to engage in unlawful surveillance, to harass others, or to commit any crime.
- You must not attempt to gain unauthorised access to the Service, interfere with its operation, or use it to distribute malware.
- You must not attempt to circumvent the limits of the Demo Summary by creating multiple Apple IDs or by other means.
We may suspend or terminate your access to the Service if we have a reasonable belief that you are in serious breach of this section.
9. Intellectual property
The Service, including its software, design, branding, text, graphics and logos, is owned by Federico Agosta or its licensors and is protected by Swiss, EU and international intellectual property laws. Except for the limited license granted in Section 4, no rights are transferred to you under these Terms.
"Spoken Note" and the Spoken Note logo are unregistered or registered trademarks of Federico Agosta. You may not use them without prior written consent.
Certain components of the Service incorporate third-party open-source software (including, in particular, the NVIDIA Parakeet model distributed via Hugging Face and the FluidAudio framework), used in accordance with their respective licenses. A list of third-party notices is available on request.
10. Your content
You retain all rights in your User Content, including recordings, transcripts, summaries and notes. We do not claim ownership of any User Content.
You grant us a limited, worldwide, royalty-free license to process your User Content (in particular, transcript text submitted to AI features) solely for the purpose of providing the Service to you. This license terminates when you delete the relevant content or stop using the Service.
You are responsible for the lawfulness of your User Content and for maintaining your own backups where appropriate. Because User Content is stored on your device, uninstalling the App or losing access to your device may result in irreversible loss of that content.
11. Disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
AI-generated content. Transcriptions, summaries, decisions, action items and chat responses are produced by machine-learning systems and may contain errors, omissions or inaccuracies. You should not rely on AI Output as legal, medical, financial or other professional advice, and you should independently verify any information that is important to you.
Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under mandatory consumer protection law.
12. Limitation of liability
To the maximum extent permitted by applicable law, our aggregate liability for any claim arising out of or in connection with the Service shall not exceed the amount you have paid to us (through Apple) for the Service in the twelve (12) months preceding the event giving rise to the claim.
In no event shall we be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, loss of data, loss of goodwill or business interruption, even if we have been advised of the possibility of such damages.
Nothing in these Terms limits our liability for fraud, wilful misconduct, gross negligence, or for any liability that cannot be excluded or limited under mandatory applicable law.
13. Indemnification
You agree to indemnify and hold harmless Federico Agosta, his successors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service in breach of these Terms; (b) your violation of any law or of the rights of any third party, including any failure to obtain required consent to record; or (c) any User Content that you submit, store or transmit through the Service.
14. Governing law and dispute resolution
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms is the competent courts of the Canton of [TBD], Switzerland, subject to any mandatory rules of jurisdiction that protect consumers and allow them to bring proceedings before the courts of their place of residence.
Before bringing any legal action, you are encouraged to contact us at support@spokennote.app so that we can try to resolve the matter amicably.
15. Changes to these terms
We may update these Terms from time to time to reflect changes to the Service or to applicable law. The current version is always available at spokennote.app/terms.html. Material changes will be communicated through the App or through a notice on the Website. If you do not agree with the updated Terms, you must stop using the Service. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.
16. Version and effective date
Version 1.0 · Effective: Coming soon
17. Contact
For any question relating to these Terms, please contact us at support@spokennote.app.