Terms of Service

1. Agreement to Terms

Welcome to Talkativ. By accessing or using our voice dictation software and related services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("you" or "User") and Talkativ ("we," "us," or "our").

2. Eligibility

To use Talkativ, you must:

• Be at least 13 years old (or 16 in the European Economic Area)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law

If you are using Talkativ on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration

3.1 Creating an Account

To use Talkativ, you must create an account by providing:

• A valid email address
• Authentication through Google OAuth or email/password

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

3.3 Account Termination

You may delete your account at any time from Settings > Privacy & Data. We may suspend or terminate your account if you violate these Terms.

4. Description of Service

Talkativ is a voice dictation software for Windows that provides:

• Speech-to-text transcription: Convert spoken words to text using AI
• System-wide dictation: Works in any Windows application
• Custom dictionary: Add specialized terms for improved accuracy
• Genius Mode (Max tier): Transform text using voice commands
• Smart Edits (Max tier): Apply preset writing style transformations

5. Subscription Plans and Billing

5.1 Available Plans

• Free: 2,200 words per week, all core features
• Pro ($56/year or $7/month): Unlimited dictation
• Max ($88/year or $11/month): Unlimited dictation + Genius Mode + Smart Edits

5.2 Billing

• Paid subscriptions are billed monthly in advance
• Payments are processed securely through Stripe
• You authorize us to charge your payment method each billing cycle
• Prices are in USD unless otherwise stated

5.3 Free Trial

• New users may be eligible for a 7-day free trial of Max tier
• You will not be charged during the trial period
• Cancel before the trial ends to avoid charges
• One free trial per user (email address tracking for fraud prevention)

5.4 Cancellation and Refunds

• You may cancel your subscription at any time
• Cancellation takes effect at the end of your current billing period
• No refunds for partial months unless required by law
• You will retain access to paid features until the end of your billing period

5.5 Price Changes

• We may change subscription prices with 30 days' notice
• Price changes apply to the next billing cycle after notice
• You may cancel if you do not agree to the new price

5.6 Usage Limits

• Free tier: 2,200 words per week (resets weekly)
• Pro and Max tiers: Unlimited transcription
• We reserve the right to implement reasonable usage limits to prevent abuse

6. Acceptable Use Policy

6.1 Permitted Use

You may use Talkativ for lawful purposes including:

• Personal productivity and communication
• Professional work and business use
• Creative writing and content creation
• Accessibility and assistive technology

6.2 Prohibited Use

You may NOT use Talkativ to:

• Create, distribute, or promote illegal content
• Harass, threaten, or harm others
• Violate intellectual property rights
• Circumvent security measures or authentication
• Resell, redistribute, or sublicense the Service
• Reverse engineer, decompile, or disassemble the software
• Use automated scripts or bots to abuse the Service
• Process Protected Health Information (PHI) without a Business Associate Agreement
• Attempt to gain unauthorized access to our systems
• Interfere with other users' access to the Service

7. Intellectual Property Rights

7.1 Our Intellectual Property

Talkativ and all related materials (software, logos, branding, documentation) are owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our permission.

7.2 Your Content

You retain all ownership rights to content you create using Talkativ, including:

• Your transcription text
• Your custom dictionary entries
• Text transformed through Genius Mode or Smart Edits

7.3 License to Your Content

By using Talkativ, you grant us a limited license to:

• Store and process your content to provide the Service
• Display your content back to you in the application
• Use your content to improve the Service (aggregated and anonymized only)

Important: We do NOT use your content to train AI models, and we do NOT claim ownership of your content.

7.4 Third-Party AI Models

Talkativ uses third-party AI services:

• Whisper Large V3 Turbo (via DeepInfra) - based on OpenAI's Whisper model for speech-to-text transcription
• OpenAI AI models for Genius Mode and Smart Edits text transformations

These services process your content according to their own data processing agreements. See our Privacy Policy for details.

8. Disclaimers and Limitations

8.1 Service "As Is"

Talkativ is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee:

• Uninterrupted or error-free operation
• 100% transcription accuracy
• Compatibility with all Windows systems or applications
• That the Service will meet your specific requirements

8.2 Transcription Accuracy

While Talkativ uses advanced AI speech recognition, transcription accuracy depends on:

• Audio quality and microphone
• Speaker clarity and accent
• Background noise
• Language and vocabulary complexity

Important: Always review transcriptions for accuracy before using them in important communications or documents. We are not liable for errors, omissions, or inaccuracies in transcriptions.

8.3 Third-Party Services

We rely on third-party services (Firebase, DeepInfra, OpenAI, Stripe). We are not responsible for:

• Third-party service outages or failures
• Changes to third-party service terms or pricing
• Third-party security breaches

8.4 Availability

We aim to provide reliable service but do not guarantee:

• 100% uptime (scheduled maintenance may occur)
• Advance notice for emergency maintenance
• Service level agreements for free tier users

9. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim
• We are not liable for loss of data, profits, revenue, or business opportunities
• We are not liable for damages resulting from transcription errors or inaccuracies

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

10. Indemnification

You agree to indemnify and hold harmless Talkativ, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you create using the Service

11. Data and Privacy

Your use of Talkativ is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

Key points:

• Voice recordings are processed but NOT permanently stored
• Transcription text is saved to your account (you can delete it anytime)
• We do NOT use your data to train AI models
• You can delete your entire account and all associated data

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you by email or through a prominent notice in the app
• Provide at least 30 days' notice before changes take effect

Your continued use of Talkativ after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.

13. Termination

13.1 By You

You may terminate your account at any time by deleting it from Settings > Privacy & Data. Upon termination:

• Your access to the Service will end
• Your subscription will be cancelled (no refund for partial months)
• Your data will be permanently deleted (except trial history for fraud prevention)

13.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• Your payment fails repeatedly
• We are required to do so by law
• We discontinue the Service (with reasonable notice)

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with Talkativ, please contact us first at [email protected] to attempt informal resolution.

14.2 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

14.3 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

14.4 International Users

If you are accessing the Service from outside England and Wales, you are responsible for compliance with local laws in your jurisdiction. By using the Service, you consent to the application of the laws of England and Wales and the jurisdiction of English courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Talkativ regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time without notice.

15.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control (natural disasters, war, pandemics, internet outages, etc.).