Terms of Service

1. ACCEPTANCE AND MODIFICATIONS OF TERMS

1.1 Binding Agreement

Your access to or use of the Service constitutes your acceptance of these Terms, our Privacy Policy (incorporated herein by reference), and any additional terms applicable to specific features or services. This Agreement takes effect immediately upon your first use of the Service.

1.2 Modifications to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated through:

• Email notification to registered users (if applicable)
• Prominent notice on our website
• In-app notifications
• Updated "Last Modified" date on this document

Your continued use of the Service after any such changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for updates.

1.3 Additional Terms

Certain features or services may be subject to additional terms and conditions, which will be presented to you at the time of access. Such additional terms are incorporated into this Agreement by reference.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirements

The Service is intended for users who are at least 13 years of age. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the involvement and consent of a parent or legal guardian. Users under 13 are strictly prohibited from using the Service.

2.2 Account Registration

• Account creation through email, Google OAuth, Apple Sign-In, or Web3 wallet is optional but required for tracking usage limits, managing subscriptions, and accessing certain features
• You must provide accurate, current, and complete information during registration
• You are solely responsible for maintaining the confidentiality and security of your account credentials
• You must immediately notify us of any unauthorized access or security breach
• You are fully responsible for all activities that occur under your account

2.3 Account Termination Rights

We reserve the right to suspend, disable, or terminate your account at any time for:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Technical or security reasons
• Non-payment of fees (for paid accounts)

3. GRANT OF LICENSE AND PERMITTED USE

3.1 License Grant

Subject to your compliance with these Terms, Audiosum grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial, or internal business purposes in accordance with these Terms.

3.2 Permitted Uses

You may use the Service to:

• Upload and process audio and video files for transcription and summarization
• Generate AI-powered summaries and analyses of your content
• Access and download your processed content and summaries
• Use our API (if applicable) subject to separate API terms
• Integrate with third-party applications as explicitly permitted

3.3 Prohibited Activities

You expressly agree NOT to:

• Technical Restrictions: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Use automated scripts, bots, or other automated means to access the Service
• Attempt to gain unauthorized access to our systems, networks, or user accounts
• Interfere with or disrupt the Service's operation, servers, or networks
• Circumvent any security measures or access controls
• Content Restrictions: Upload content that infringes intellectual property rights of third parties
• Upload content containing malware, viruses, or malicious code
• Upload content that is illegal, harmful, threatening, abusive, or objectionable
• Upload copyrighted material without proper authorization
• Usage Restrictions: Exceed usage limits or quotas assigned to your account
• Use the Service for illegal, fraudulent, or harmful activities
• Resell, redistribute, or sublicense the Service without explicit written permission

4. USER CONTENT AND INTELLECTUAL PROPERTY

4.1 Your Content Ownership

You retain all rights, title, and interest in and to any audio, video, or other content you upload to the Service ("User Content"). We do not claim ownership of your User Content.

4.2 License to Process Content

By uploading User Content, you grant Audiosum a worldwide, non-exclusive, royalty-free license to:

• Access, store, and process your User Content solely to provide the Service
• Generate transcriptions, summaries, and analyses based on your User Content
• Temporarily cache and store processed results
• Use aggregated, anonymized data for service improvement (with no personally identifiable information)

4.3 Content Responsibilities

You represent and warrant that:

• You own or have the necessary rights to upload and process your User Content
• Your User Content does not violate any applicable laws or third-party rights
• You are solely responsible for the accuracy, quality, and legality of your User Content

5. PRICING MODEL AND PAYMENT TERMS

5.1 Free Tier

We offer a free tier with 3 free uses per user, with a maximum of 25MB per file and up to 25 minutes of audio/video per use.

5.2 Subscription Plans

• Pro Plan ($14.99/month, $149/year): 100 uses per month, 100MB maximum file size, 100 minutes per use, advanced summary features, multiple export formats
• Premium Plan ($28.99/month, $289/year): Unlimited uses, 500MB maximum file size, 500 minutes per use, priority processing, API access, team collaboration features

5.3 Payment Processing

All payments are processed through secure third-party payment processors (Stripe). By making a payment, you agree to the payment processor's terms of service. Audiosum is not liable for payment processing issues or disputes with payment providers.

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings.

6. REFUND AND CANCELLATION POLICY

6.2 Cancellation Process

• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of your current billing period
• You will retain access to paid features until the end of your paid billing period
• No partial refunds are provided for unused time within a billing period

6.3 Limited Refund Exceptions

Refunds may be considered only in the following circumstances:

• Billing errors or duplicate charges
• Technical issues preventing service access for more than 48 consecutive hours
• Fraudulent or unauthorized charges
• Service downtime exceeding our service level commitments

6.4 Refund Request Process

• All refund requests must be submitted within 48 hours of the billing issue
• Requests must be made via email to support@audiosum.app with detailed information
• Refund decisions are made at our sole discretion
• Approved refunds will be processed within 5-10 business days to the original payment method

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which describes how we collect, use, and protect your information. The Privacy Policy is incorporated into these Terms by reference.

7.2 Data Retention

We retain your User Content and account information in accordance with our data retention policies as outlined in our Privacy Policy. You may request deletion of your data subject to applicable laws and our operational requirements.

7.3 GDPR Rights (EU Users)

If you are located in the European Union, you have additional rights under the General Data Protection Regulation (GDPR), including rights to access, rectification, erasure, and data portability. Contact us to exercise these rights.

8. SERVICE AVAILABILITY AND MODIFICATIONS

8.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or due to factors beyond our control.

8.2 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time with or without notice. We will make reasonable efforts to notify users of material changes that affect functionality.

8.3 Third-Party Integrations

The Service may integrate with third-party services or APIs. We are not responsible for the availability, functionality, or terms of service of third-party integrations.

9. DISCLAIMERS AND WARRANTIES

To the fullest extent permitted by applicable law, Audiosum disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of transcriptions or summaries
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results obtained from using the Service

10. LIMITATION OF LIABILITY

This includes but is not limited to damages for:

• Loss of data, profits, revenue, or business opportunities
• Business interruption or loss of use
• Costs of substitute services
• Any other commercial damages or losses

Our total aggregate liability for all claims arising from or relating to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Audiosum, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your infringement of any third-party rights
• Any fraudulent or illegal activities

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Portugal and the European Union, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be resolved in the courts of Portugal, and you consent to the personal jurisdiction of such courts.

12.3 Alternative Dispute Resolution

Before pursuing litigation, we encourage users to contact us directly to seek resolution. We may also offer binding arbitration as an alternative to court proceedings, conducted in English or Portuguese as mutually agreed.

13. MISCELLANEOUS PROVISIONS

13.1 Force Majeure

Audiosum is not liable for any delays or failures in performance due to events beyond our reasonable control, including natural disasters, government actions, pandemics, or technical failures of third-party services.

13.2 Severability

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

13.3 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Audiosum regarding the Service and supersede all prior agreements and understandings.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13.5 Waiver

No waiver of any provision of these Terms shall be deemed a continuing waiver or waiver of any other provision.