Effective Date: 2025-05-27

Welcome to Smart Dictation, a macOS application providing speech-to-text transcription and translation services. By downloading, installing, or using the App, you agree to be bound by these Terms and Conditions, along with any applicable Apple App Store rules and our Privacy Policy. If you do not agree with these Terms, do not use the App.

You may not copy or modify the App, reverse-engineer its source code, or create derivative works without our prior written consent. All rights, including trademarks, copyrights, and database rights, remain the property of Nicholas Nikeforou.

1. Use of the App

a. Eligibility

You confirm you have the legal capacity to enter into these Terms. While the App is rated 4+ in the App Store, if you are under 18, we recommend using the App under parental or guardian supervision.

b. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on macOS devices you own or control, in accordance with these Terms and Apple Media Services Terms.

c. User Responsibilities

You agree to:

• Use the App lawfully.

• Not upload content that is illegal, defamatory, or infringing (e.g., copyrighted audio without permission).

• Not tamper with, reverse-engineer, or hack the App.

• Comply with laws and third-party terms (e.g., OpenAI, RevenueCat).

d. Account

Subscriptions are managed via your Apple ID and RevenueCat. You’re responsible for managing access to your Apple account and reporting unauthorized use.

2. Subscription and Payment

a. Payment

Subscriptions are billed monthly through your Apple App Store account. Prices are subject to change.

b. Subscription Terms

• Subscriptions auto-renew unless cancelled 24+ hours before renewal.

• You may manage or cancel your subscription via your App Store settings.

• No refunds for partial months or unused quota, except where legally required (e.g., 14-day EU/UK cooling-off period).

c. Quota and Usage

Transcription/translation usage is tracked and resets monthly. Quotas do not roll over.

d. Restore Purchases

You may restore your subscription via the “Restore Purchases” feature after reinstalling or switching devices.

e. Free Tier

The Free Tier provides up to 10 minutes/month of transcription. We may modify or discontinue it at any time.

3. Content and Intellectual Property

a. Your Content

You retain ownership of all audio, transcripts, and translations you create. You grant us and our service providers (e.g., OpenAI) a limited, non-exclusive license to process your content solely for providing App functionality.

You affirm that:

• You have rights to use all uploaded content.

• Your content does not infringe third-party rights.

We do not use your content for training models or analytics.

b. Our Intellectual Property

All rights in the App, including design, branding, and code, are owned by Nicholas Nikeforou. You may not reproduce, distribute, or modify the App without express permission.

c. Third-Party Services

The App relies on third-party providers:

• Transcription/translation via OpenAI (see OpenAI Terms)

• Subscription management via RevenueCat (see RevenueCat Terms)
  Their terms apply.

d. International Transfers

You understand and agree that audio you submit may be sent to OpenAI (U.S.) for processing. This transfer is required to deliver services and you consent to this under applicable data protection laws.

4. Prohibited Conduct

You agree not to:

• Upload or process illegal, infringing, or harmful content.

• Attempt to bypass quotas, tamper with app functionality, or interfere with servers.

• Use the App for malicious purposes (e.g., malware in audio).

5. Termination

a. By You

You may stop using the App and cancel subscriptions at any time via your Apple ID.

b. By Us

We may terminate access if you:

• Breach these Terms.

• Fail to pay.

• Engage in harmful behavior.

Upon termination, your license ends and access may be revoked.

6. Disclaimers and Limitation of Liability

a. Disclaimers

• The App is provided “as is” and “as available.”

• We make no warranties regarding uninterrupted service, accuracy, or fitness for purpose.

• Outputs from transcription/translation are generated by OpenAI’s AI and may include errors.

• We are not responsible for your uploaded content or how you use outputs.

b. Limitation of Liability

To the fullest extent permitted by law, our liability to you is limited.

Nicholas Nikeforou and his affiliates will not be liable for any indirect, incidental, special, or consequential damages — including but not limited to loss of data, income, business opportunities, or reputation — arising from your use of or inability to use the App.

In any case, our total liability for all claims relating to the App will not exceed the greater of:

• The amount you paid for your subscription in the past 12 months, or

• £100 GBP.

These limitations apply regardless of the legal basis (e.g., contract, negligence, or other), even if a remedy fails its essential purpose.

c. Third-Party Services

We are not responsible for issues arising from OpenAI, RevenueCat, or Apple systems.

7. Indemnification

You agree to indemnify and hold harmless Nicholas Nikeforou and associates from any claims or losses related to:

• Your use of the App.

• Your uploaded content.

• Your breach of these Terms or applicable law.

8. Governing Law and Dispute Resolution

a. Governing Law

These Terms are governed by the laws of England and Wales. Mandatory consumer protections under your local law (e.g., GDPR, UK Consumer Rights Act) still apply.

b. Dispute Resolution

• Contact us first: Reach out to nick@codebynick.com and we’ll try to resolve the issue within 30 days.

• Legal options: You may bring unresolved claims to the courts of your country or in England and Wales.

• EU/UK users: You may use EU ODR platform.

• Class Action Waiver: Where legally allowed, you waive rights to class actions or group proceedings.

9. Privacy

See our Privacy Policy for information on how we collect, use, and protect your data.

10. Changes to These Terms

We may update these Terms. We'll notify you by posting the updated version in the App or on this page. Continued use means you accept the new Terms.

11. Contact

For questions, reach out via email: nick@codebynick.com

12. Miscellaneous

• Entire Agreement: These Terms, our Privacy Policy, and Apple’s terms form the full agreement.

• Severability: If one part is invalid, the rest still applies.

• Waiver: Not enforcing a term doesn't waive our right to do so later.

• Assignment: You may not transfer these Terms. We may assign them during a business transfer or merger.