Terms of Service

1. Definitions

For purposes of this Agreement:

• "Company," "We," "Us," "Our" means TechBantu IT Solutions, LLC, a Delaware limited liability company.
• "Service" means the VoiceType application, including all features, updates, and related services.
• "User," "You," "Your" means any individual or entity accessing or using the Service.
• "AI Output" means any text, transcription, or content generated by the Service's artificial intelligence components.
• "Third-Party Technology" means software, models, and services provided by third parties integrated into the Service, including but not limited to WhisperKit, OpenAI Whisper models, and payment processors.
• "Content" means any audio, text, or data you provide to or generate through the Service.

2. Service Description & Third-Party Technology

2.1 Nature of Service

VoiceType is a voice-to-text transcription application for macOS that converts spoken audio into text. The Service uses artificial intelligence technology that processes audio locally on your device.

2.2 Third-Party Technology Attribution

The Service incorporates the following third-party technologies:

• WhisperKit: An open-source framework by Argmax, Inc. for deploying Whisper speech recognition models on Apple devices. Licensed under MIT License.
• OpenAI Whisper: Speech recognition models developed by OpenAI. The Service uses these models under applicable open-source licenses. OpenAI and Whisper are trademarks of OpenAI, Inc.
• Stripe: Payment processing services provided by Stripe, Inc. Subject to Stripe's terms of service.
• Apple Technologies: The Service uses Apple's macOS APIs and frameworks. Apple, macOS, and related marks are trademarks of Apple Inc.

2.3 Optional AI Polish Feature

The optional "AI Polish" feature may transmit transcribed text to cloud-based AI services for grammar and formatting enhancement. By enabling this feature, you consent to such transmission. You may disable this feature at any time.

3. Disclaimers & No Warranties

3.1 AS-IS Provision

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We expressly disclaim all warranties, including but not limited to:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS
• QUIET ENJOYMENT
• TITLE
• SYSTEM INTEGRATION
• WORKMANLIKE EFFORT

3.2 No Accuracy Guarantee

AI OUTPUTS ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE, OR ERROR-FREE. Transcriptions may contain errors, omissions, misinterpretations, or inaccuracies. You acknowledge that:

• Speech recognition technology is inherently imperfect
• Results vary based on audio quality, accent, background noise, and other factors
• AI models may produce unexpected, incorrect, or nonsensical outputs
• The Service may fail, crash, or become unavailable without notice

3.3 Not Professional Advice

THE SERVICE DOES NOT PROVIDE AND SHALL NOT BE CONSTRUED AS PROVIDING:

• Medical, health, or therapeutic advice
• Legal advice or legal document preparation
• Financial, investment, or tax advice
• Professional services of any kind
• Emergency services or crisis intervention

DO NOT RELY ON AI OUTPUTS FOR ANY DECISIONS AFFECTING HEALTH, SAFETY, LEGAL RIGHTS, FINANCES, OR OTHER CRITICAL MATTERS. Always consult qualified professionals.

3.4 Technology Evolution

You acknowledge that AI technology evolves continuously. The Service may change, update, or modify its AI models, algorithms, and outputs at any time without notice. We disclaim all liability for any changes in AI behavior, accuracy, or functionality.

3.5 Third-Party Technology Disclaimer

We make no warranties regarding third-party technology integrated into the Service. Third-party components are provided under their respective licenses and terms. We are not responsible for any failures, errors, or limitations of third-party technology.

4. Limitation of Liability

4.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES RESULTING FROM ANY AI OUTPUT, INCLUDING ERRORS, INACCURACIES, OR OMISSIONS
• DAMAGES ARISING FROM RELIANCE ON ANY AI OUTPUT OR SERVICE FUNCTIONALITY
• DAMAGES FROM INTERRUPTION OR CESSATION OF THE SERVICE
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

This exclusion applies regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

4.2 Liability Cap

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00 USD).

4.3 Essential Purpose

You acknowledge that these limitations of liability are essential elements of this Agreement and that Company would not provide the Service without such limitations. These limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction, even if any remedy fails of its essential purpose.

4.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5. Indemnification

5.1 Your Indemnification Obligation

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

• Your use of the Service
• Your Content or any content you create using AI Outputs
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable law or regulation
• Any claim that your use of AI Outputs caused harm to any third party
• Any unauthorized or improper use of the Service

5.2 Defense Control

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.

6. Privacy & Data Practices

Privacy terms are published as a stand-alone Privacy Policy. That document controls how we process personal data, including rights for EU and US residents.

7. AI Technology Acknowledgment

7.1 Nature of AI

You acknowledge and understand that:

• The Service uses artificial intelligence and machine learning technology
• AI systems are probabilistic, not deterministic—outputs may vary for identical inputs
• AI models may produce errors, hallucinations, biases, or unexpected results
• AI technology is rapidly evolving and may change without notice
• No AI system is perfect or infallible

7.2 Your Responsibilities

You are solely responsible for:

• Reviewing and verifying all AI Outputs before use
• Any decisions made based on AI Outputs
• Any consequences of using or relying on AI Outputs
• Ensuring AI Outputs are appropriate for your intended use
• Complying with all applicable laws regarding AI-generated content

7.3 No Reliance

YOU EXPRESSLY AGREE NOT TO RELY ON AI OUTPUTS FOR ANY PURPOSE WHERE ERRORS COULD RESULT IN HARM, INJURY, FINANCIAL LOSS, LEGAL CONSEQUENCES, OR OTHER SIGNIFICANT NEGATIVE OUTCOMES.

8. Intellectual Property

8.1 Company IP

The Service, including its design, features, code, and branding (excluding third-party components and your Content), is owned by Company and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service for personal or internal business purposes.

8.2 Your Content

You retain ownership of your original audio recordings and any original content you create. You grant us a limited license to process your Content solely to provide the Service.

8.3 AI Outputs

AI Outputs (transcriptions) are derived from your Content using AI technology. Ownership and rights to AI Outputs may be subject to complex and evolving legal interpretations. We make no representations regarding your ownership rights in AI Outputs. You use AI Outputs at your own risk and responsibility.

8.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without obligation or compensation to you.

8.5 Third-Party IP

Third-party trademarks, logos, and brand names mentioned in the Service are property of their respective owners. Their use does not imply endorsement.

9. Dispute Resolution & Arbitration

9.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@techbantu.us and attempt to resolve the dispute informally for at least thirty (30) days.

9.2 Binding Arbitration

Any dispute, claim, or controversy arising from or relating to this Agreement or the Service that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

9.3 Class Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

9.4 Arbitration Procedures

• Location: Arbitration shall take place in Delaware or, at your election, via telephone or video conference.
• Language: English
• Fees: Each party bears its own costs. Filing fees shared per AAA rules.
• Award: The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

9.5 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights. Claims within small claims court jurisdiction may be brought there.

9.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@techbantu.us within thirty (30) days of first accepting these Terms. Opting out does not affect other provisions of these Terms.

9.7 Survival

This arbitration agreement shall survive termination of your relationship with Company.

10. General Provisions

10.1 Governing Law

This Agreement shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. For matters not subject to arbitration, exclusive jurisdiction shall be in the state and federal courts located in Delaware.

10.2 Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

10.3 Entire Agreement

This Agreement constitutes the entire agreement between you and Company regarding the Service and supersedes all prior agreements, representations, and understandings.

10.4 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

10.5 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

10.6 Amendments

We may modify these Terms at any time by posting the revised version on our website. Material changes will be effective thirty (30) days after posting. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

10.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, government actions, internet or infrastructure failures, or third-party service failures.

10.8 Notices

Notices to you may be provided via email or posted on the Service. Notices to us must be sent to: legal@techbantu.us

10.9 No Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights, except that our licensors and service providers are third-party beneficiaries of disclaimers and limitations of liability.

10.10 Headings

Section headings are for convenience only and shall not affect interpretation.

10.11 Contact Information

TechBantu IT Solutions, LLC
Email: legal@techbantu.us
Support: support@techbantu.us