Terms of Service

The Speakeasy application (the “App”) is provided by Speakeasy (the “Company”). The following Terms of Use (“Terms”) apply when you use the App or the service provided via the App (the “Service”), sometimes collectively referred to as the “App.” Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.

About the App

The App allows users to transcribe audio that they record, either directly in the app or through a custom keyboard that they install. The app uses a 3rd party transcription API for the audio transcription function. Please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

Paid Services Summary

This app offers optional in-app purchases and subscriptions. Payment for these services is handled by Apple and subject to their terms of service.

Key Points:

Termination and Suspension

Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by emailing help@speakeasydictation.com

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

Service Limits

To ensure quality service for all users and manage operational costs, we reserve the right to place limitations on the usage of our voice transcription services. Such limitations may include, but are not limited to, the number of transcriptions, total audio duration, or data usage.

Third-Party Services

Our transcription service relies on third-party providers. As such, we are subject to their terms and conditions, including any usage limitations they impose.

Throttling and Termination

If you exceed the set usage limitations, we may throttle your access to the service or terminate your account without prior notice.

Changes to Limitations

We reserve the right to modify usage limitations at any time. Any changes will be communicated via email or within the app, and will be applicable from the date specified in the notice.

Creating Multiple Accounts

You may not create more than one account to benefit from credits provided in the free tier or trial periods of the Services. If we believe you are not using the free tier or trial period in good faith, we may charge you standard fees or stop providing access to the Services.

Registration and Access

Minimum Age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.

Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Use Restrictions

Your permission to use the App is conditioned upon the following restrictions and conditions. You agree that you will not:

Monitoring And Compliance

Although the Company is not obligated to monitor access to or use of the App, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable your access to the App, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content you upload in connection with the App to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Intellectual Property

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms, no part of the App and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. The Company reserves all rights that are not expressly granted to you under these Terms.

Contributions To Company

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Company through its website, email, or social media accounts, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the ; (c) Company shall be entitled to use or disclose (or choose not to contribute or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Company may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Company without any obligation of Company to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the App or Service; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

The Company does not guarantee the accuracy, completeness, or usefulness of any information in the App and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends using the App. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted using the App.

Warranty Disclaimer

The app and service are provided "as is," without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the app and service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the app or service will be uninterrupted or error-free. You assume full responsibility and risk of loss resulting from your uploading, downloading, and/or use of files, information, content or other material sent to or obtained via the app or service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Limitation of Liability

Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Our aggregate liability under these terms will not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law. Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these terms only limit our responsibilities to the maximum extent permissible in your country of residence. Speakeasy’s affiliates, suppliers, licensors, and distributors are intended third party beneficiaries of this section.

Modification Of Terms Of Service

The Company can amend these Terms at any time. It's your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

If you do not agree to the changes, you must stop using our Services.

Privacy Policy

The Company respects the privacy of its users. Please refer to our Privacy Policy , which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App, you show that you agree to this Privacy Policy.

Dispute Resolution

YOU AND SPEAKEASY AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

Mandatory Arbitration. You and Speakeasy agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by emailing help@speakeasydictation.com . If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice by emailing help@speakeasydictation.com . We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of New York have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

CLASS AND JURY TRIAL WAIVERS. You and Speakeasy agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Speakeasy knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Speakeasy agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Delay in Enforcing These Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Entire Agreement. These Terms contain the entire agreement between you and Speakeasy regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Speakeasy.

Governing Law. New York law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of New York.