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Terms & Conditions

Last Updated: December 5, 2024

Welcome to Podcast Note Taker. These Terms and Conditions ("Terms") govern your access to and use of our mobile application and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By creating an account, downloading, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease using the Service.

2. Eligibility

To use the Service, 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 laws
  • Provide accurate and complete registration information

If you are under 18, you represent that you have obtained parental or guardian consent to use the Service.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

3.2 Account Termination

You may terminate your account at any time through the app settings. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans and Billing

4.1 Free Trial

New users receive 60 minutes of free transcription and AI note generation. The trial is a one-time offer per user and cannot be combined with other promotions.

4.2 Paid Subscriptions

We offer monthly subscription plans:

  • Basic Plan: $14.99/month - 300 minutes
  • Pro Plan: $24.99/month - 600 minutes
  • Premium Plan: $49.99/month - 1,200 minutes

4.3 Usage-Based Model

Important: Minutes are consumed only when you process audio for transcription and AI note generation. Recording audio is always free and does not consume minutes.

4.4 Billing and Payment

  • Subscriptions are billed monthly on your billing cycle date
  • Payments are processed through Google Play or Apple App Store
  • All fees are in U.S. Dollars unless otherwise stated
  • You authorize automatic recurring charges
  • Failed payments may result in service suspension

4.5 Minute Rollover Policy

Subscription minutes roll over as follows:

  • Unused minutes accumulate for up to 12 months while your subscription is active
  • If you cancel your subscription, only the current month's minutes remain usable
  • All previously rolled-over minutes are forfeited upon cancellation
  • Purchased minute packs remain valid for 12 months regardless of subscription status

4.6 Additional Minute Packs

One-time minute pack purchases:

  • 60 minutes: $3.50
  • 300 minutes: $17.00
  • 600 minutes: $33.00

Purchased minutes are valid for 12 months from purchase date.

4.7 Subscription Changes

  • You may upgrade or downgrade your plan at any time
  • Upgrades take effect immediately with prorated charges
  • Downgrades take effect at the next billing cycle
  • Remaining minutes carry over based on rollover policy

4.8 Cancellation

  • You may cancel your subscription at any time through your device's app store
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial months
  • You retain access to paid features until the end of your billing period
  • Rolled-over minutes expire upon cancellation (see Section 4.5)

4.9 Price Changes

We reserve the right to change subscription prices with 30 days' notice. Price changes do not affect existing subscribers until their next renewal after the notice period.

5. Refund Policy

Refunds are handled according to Google Play and Apple App Store policies:

  • Subscription fees are generally non-refundable
  • Refund requests must be made through your app store
  • We may offer refunds at our discretion for service issues
  • Minute pack purchases are final and non-refundable
  • No refunds for unused minutes upon account termination

6. Service Usage and Content

6.1 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes, subject to these Terms.

6.2 User Content

You retain ownership of content you create (audio recordings, notes, transcripts). By using the Service, you grant us:

  • A license to process, store, and display your content to provide the Service
  • Permission to use third-party AI services (OpenAI, Anthropic) to process your content
  • The right to use anonymized, aggregated data for service improvement

6.3 Prohibited Uses

You agree NOT to:

  • Use the Service for any illegal purposes
  • Process content that infringes intellectual property rights
  • Upload malicious code, viruses, or harmful content
  • Attempt to reverse engineer, decompile, or hack the Service
  • Circumvent usage limits or payment systems
  • Share your account credentials with others
  • Use automated systems to access the Service (bots, scrapers)
  • Resell or redistribute the Service or its features
  • Interfere with or disrupt the Service's operation
  • Process content containing hate speech, violence, or illegal activity

6.4 Content Restrictions

You may not process audio containing:

  • Copyrighted material without proper authorization
  • Private conversations without all parties' consent (where required by law)
  • Illegal content or content violating third-party rights
  • Content that violates our Privacy Policy or these Terms

7. AI Services and Third-Party Providers

7.1 AI Processing

The Service uses third-party AI providers:

  • OpenAI Whisper: Audio transcription
  • Anthropic Claude: Note generation and summarization

By using AI features, you acknowledge:

  • Your content will be sent to these third-party services
  • AI-generated content may contain errors or inaccuracies
  • We do not guarantee the accuracy or completeness of AI outputs
  • You are responsible for reviewing and verifying AI-generated content

7.2 Service Availability

AI features depend on third-party services. We are not liable for:

  • Third-party service outages or interruptions
  • Changes to third-party pricing or policies
  • Third-party data handling practices
  • Quality or accuracy of third-party AI outputs

8. Intellectual Property Rights

8.1 Our Rights

The Service and all related content (excluding your user content) are owned by us and protected by copyright, trademark, and other intellectual property laws. This includes:

  • Software code and architecture
  • Design, layout, and user interface
  • Logos, branding, and trademarks
  • Documentation and marketing materials

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide continuous service availability, but we do not guarantee:

  • Uninterrupted or error-free operation
  • Availability of any particular feature
  • Specific response times or processing speeds
  • Data backup or recovery

9.2 Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any feature or the entire Service
  • Update pricing, plans, and features
  • Change technical requirements
  • Perform maintenance with or without notice

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to our data practices as described in the Privacy Policy.

11. Disclaimers and Limitations of Liability

11.1 Disclaimers

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

  • Warranties of merchantability or fitness for a particular purpose
  • Non-infringement of third-party rights
  • Accuracy, reliability, or completeness of content
  • Security or freedom from viruses
  • Uninterrupted or error-free operation

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, or goodwill
  • Service interruptions or delays
  • Third-party actions or omissions
  • Unauthorized access to your data
  • Errors in AI-generated content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11.3 User Responsibility

You are responsible for:

  • Backing up your important data
  • Verifying the accuracy of AI-generated content
  • Complying with applicable laws regarding audio recording
  • Obtaining necessary consents for recording conversations
  • Protecting your account credentials

12. Indemnification

You agree to indemnify, defend, and hold harmless Podcast Note Taker, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Violation of these Terms
  • Violation of any rights of third parties
  • Your user content
  • Illegal recording or processing of audio

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

13.2 Arbitration Agreement

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. You waive the right to participate in class actions or class arbitrations.

13.3 Exceptions

Either party may seek injunctive relief in court for intellectual property disputes or breaches of confidentiality.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

  • Canceling your subscription through your app store
  • Requesting account deletion through the app settings
  • Contacting our support team

14.2 Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms
  • Your payment fails or is disputed
  • We suspect fraudulent activity
  • Required by law or legal process
  • We discontinue the Service

14.3 Effects of Termination

Upon termination:

  • Your license to use the Service ends immediately
  • You lose access to your account and content
  • We may delete your data after 30 days
  • Unused minutes are forfeited
  • No refunds for remaining subscription time
  • Sections of these Terms that should survive will continue to apply

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control.

15.6 Export Controls

You agree to comply with all applicable export and import laws and regulations.

16. Changes to Terms

We may update these Terms from time to time. When we do:

  • We will post the updated Terms on this page
  • We will update the "Last Updated" date
  • We will notify you of material changes via email or in-app notification
  • Continued use after changes constitutes acceptance

17. Contact Information

For questions, concerns, or support regarding these Terms or the Service:

Email: legal@podcastnotetaker.com
Support: support@podcastnotetaker.com
Website: https://podcastnotetaker.com

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


These Terms & Conditions are effective as of the date stated above. Your continued use of the Service following any changes to these Terms constitutes acceptance of those changes.

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