Terms of Service

1 · Agreement to these Terms

In plain words: installing or using the app or this website means you accept these Terms.

These Terms of Service ("Terms") are a binding agreement between you and Wispr Notes ("we," "us," "our") governing your download, installation, and use of the Wispr Notes desktop application (the "App"), our website, and any related services (together, the "Services"). By downloading, installing, accessing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. If you accept on behalf of an organization, you represent that you have authority to bind it, and "you" includes that organization.

2 · Definitions

"App" means the Wispr Notes desktop software, including all updates we make available.

"Your Content" means all audio captured by the App, transcripts, typed fragments, generated notes, personal-dictionary entries, and any other material you create or process with the App.

"Outputs" means content the App generates on your device, including transcripts, speaker attributions, summaries, structured notes, and action items.

"Free Tier" means use of the App without a paid license; it includes unlimited dictation and meeting notes for meetings up to five (5) minutes, and sends Diagnostic Data as described in Section 8.

"Plus License" means a paid, one-time license that removes the meeting-length limit; the App continues to send Diagnostic Data as described in Section 8.

"Pro License" means a paid, perpetual, one-time license that removes the meeting-length limit and under which the App transmits no Diagnostic Data.

"Diagnostic Data" means anonymous usage statistics and crash reports — a random install identifier, app version, operating system, feature-usage counters, and crash stack traces. Diagnostic Data never includes Your Content, keystrokes, file names, or audio.

3 · Eligibility

In plain words: you must be 13+ in the US, 16+ elsewhere; minors need a guardian's consent.

You must be at least 13 years old if you reside in the United States, and at least 16 years old if you reside anywhere else, to use the Services. If you are under 18, you may use the Services only if a parent or legal guardian consents to these Terms on your behalf where required by the law of your jurisdiction.

4 · Your license to use the App

In plain words: you get a personal license to run the App on devices you control. We keep ownership of the software itself.

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control: (a) on the Free Tier, at no charge; and (b) under a Plus or Pro License, for the person named or the purchaser, on all devices that person owns or controls. The App is licensed, not sold. All rights not expressly granted are reserved. Speech and language models downloaded by the App are licensed for use solely within the App unless their own licenses provide otherwise.

5 · Your content stays yours — and stays local

In plain words: we never receive your recordings, transcripts or notes, so we don't need — and don't take — any license to them. Back up your own files.

Your Content is created and stored on your device. We do not receive, access, host, or transmit Your Content, and nothing in these Terms grants us any license to it. As between you and us, you own Your Content and all Outputs, and to the extent we hold any right in Outputs, we assign it to you. Because Your Content exists only on your device, you are solely responsible for storing, securing, and backing it up. Deleting the App or its data folder permanently deletes Your Content; we cannot recover it, because we never had it.

6 · AI outputs and accuracy

In plain words: transcripts and notes can be wrong. Check them before you act on them.

The App uses on-device machine-learning models to produce Outputs. OUTPUTS MAY CONTAIN ERRORS, OMISSIONS, MISHEARD WORDS, MISATTRIBUTED SPEAKERS, OR OTHER INACCURACIES, EVEN WHERE THEY APPEAR DETAILED OR CONFIDENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY OUTPUT. You must independently review Outputs before relying on them for any business, legal, medical, financial, employment, compliance, or other consequential decision. Outputs are generated algorithmically and may resemble outputs generated for other users from similar inputs.

7 · Recording, consent, and lawful use

In plain words: recording laws differ by place — many require everyone's consent. Getting consent is your job, not the App's.

The App can record and transcribe your microphone and, where you enable it, system audio, including the other participants in calls and meetings. Laws on recording and monitoring communications vary by jurisdiction: some require the consent of one party, many (including several U.S. states and many countries) require the consent of all parties. By using the recording features you represent and warrant that: (a) you are authorized to record the applicable conversation; (b) you will comply with all applicable laws, regulations, contractual obligations, and organizational policies concerning recording, monitoring, and transcription; (c) you will give any legally required notices and obtain any legally required consents before recording; and (d) you will not use the App to violate any person's privacy or other legal rights. We provide recording technology; we do not determine whether notice or consent is required in your situation, and nothing in the Services is legal advice.

8 · Tiers and analytics

In plain words: Free and Plus send anonymous usage counters and crash reports — never your content. Pro sends nothing at all.

On the Free Tier and under a Plus License, the App transmits Diagnostic Data to us as defined in Section 2. Diagnostic Data is not linked to your account or content and is not designed to identify you. We use it solely to understand feature usage, maintain quality, and fix defects. Under a Pro License, the App transmits no Diagnostic Data; the analytics and crash-reporting components are disabled in operation. Details of collection, retention, and your rights are in the Privacy Policy. If you do not wish to share Diagnostic Data, your options are to purchase a Pro License or not use the App.

9 · Purchases, payment, and refunds

In plain words: Plus and Pro are one-time purchases at the price shown at checkout (launch offers may apply). 14-day refund. Payments are handled by a payment processor, not by us directly.

Plus and Pro Licenses are one-time purchases at the price shown at checkout, plus applicable taxes; promotional prices apply only to purchases completed while the promotion is in effect. Each license is personal to the purchaser and valid on devices the purchaser owns or controls; it is not a subscription and does not renew or expire. Payments are processed by a third-party payment processor (currently Stripe) under its own terms and privacy policy; we do not store your payment card details. Unless a longer period is required by law, you may request a full refund within fourteen (14) days of purchase by emailing support@wisprnotes.com. License keys are delivered by email or download; keep them confidential. We may revoke license keys obtained fraudulently, resold without authorization, or generated by circumventing the purchase process. Future prices may change; changes do not affect licenses already purchased.

10 · Acceptable use

In plain words: don't break the law with it, don't record people unlawfully, don't crack or resell it.

You agree not to, and not to permit anyone else to:

We may take appropriate action for violations, including revoking licenses and blocking access to updates and the license service, in addition to other remedies at law.

11 · Our intellectual property and feedback

In plain words: the software and brand are ours. If you send ideas, we can use them without owing you.

The App, website, and all related software, designs, logos, and trademarks are owned by us or our licensors and are protected by intellectual-property laws. These Terms grant you no right, title, or interest in them beyond the license in Section 4. You agree not to modify, translate, or create derivative works of the App except as permitted by law or an applicable open-source license. If you send us comments, suggestions, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you.

12 · Updates and changes to the Services

In plain words: the App updates; features may change; if we ever shut down, the App keeps working offline and your files stay yours.

The App may check for and install updates. We may add, change, or remove features, and may discontinue the Services or any part of them. Because the App runs locally, discontinuation of our website, update service, or license service does not disable installed copies: your installed App and Your Content remain on your device, and Your Content is stored in open, documented formats. Where we discontinue a paid capability entirely within a reasonable period after your purchase, your remedy is the refund described in Section 9 or as required by law.

13 · Third-party components and open source

In plain words: the App includes open-source parts; their licenses can override parts of these Terms for those parts.

The App includes open-source software components and machine-learning models made available under their own licenses, listed in the App's About screen. To the extent an open-source license applicable to a component expressly conflicts with these Terms, that license governs your use of that component. We make no warranties on behalf of third-party licensors.

14 · Termination

In plain words: stop any time by deleting the App. We can end your license if you seriously break these Terms.

You may stop using the Services at any time by uninstalling the App; to delete your account, email support@wisprnotes.com. We may terminate or suspend your license, with notice where practicable, if you materially breach these Terms and (where curable) fail to cure within a reasonable period after notice. On termination, your license ends and you must uninstall the App; Sections 5, 6, 7, 11, and 13 through 20 survive. Termination does not entitle you to a refund except as provided in Section 9 or required by law.

15 · Warranty disclaimers

In plain words: the App is provided as-is. Some places don't allow this disclaimer in full; where so, it applies as far as the law allows.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT OUTPUTS WILL MEET YOUR REQUIREMENTS. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you; you may have statutory rights that these Terms do not affect.

16 · Limitation of liability

In plain words: our total liability is capped at what you paid us in the last 12 months, or $50 if you paid nothing.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, USE, OR GOODWILL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR FIFTY U.S. DOLLARS ($50). BECAUSE YOUR CONTENT EXISTS ONLY ON YOUR DEVICE, WE HAVE NO LIABILITY FOR LOSS OF YOUR CONTENT, INCLUDING LOSS CAUSED BY DEVICE FAILURE, DELETION, OR LACK OF BACKUPS. These limitations do not apply to liability that cannot be limited by law, including, for EU and UK consumers, liability for intent or gross negligence and statutory consumer rights.

17 · Indemnification

In plain words: if your unlawful recording or misuse gets us sued, you cover it.

To the fullest extent permitted by law, you will indemnify and hold harmless Wispr Notes and its owners, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your recording, monitoring, or transcription of any communication, including any failure to give notice or obtain consent; and (c) your violation of applicable law or the rights of any third party. This obligation does not apply to the extent a claim is directly caused by our breach of these Terms, or, for EU consumers, to consequences that were not reasonably foreseeable.

18 · Dispute resolution and arbitration

In plain words: email us first — most things get fixed. US residents agree to individual arbitration, with a 30-day opt-out and a small-claims exception. No class actions.

A. Talk to us first. Before filing any claim, email support@wisprnotes.com with a description of the dispute. The parties will attempt in good faith to resolve it informally for sixty (60) days before either may begin a formal proceeding.

B. Arbitration (US residents). If you reside in the United States, you and we agree to resolve all disputes arising out of or relating to these Terms or the Services by final, binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in the county where you live or work or another agreed location. The arbitrator may award relief only on an individual basis. Either party may instead bring a qualifying claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property infringement or unauthorized use of the Services.

C. Opt-out. You may opt out of arbitration by emailing support@wisprnotes.com within thirty (30) days of first accepting these Terms, stating your name and intent to opt out.

D. NO CLASS ACTIONS. DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY; CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS ARE NOT PERMITTED. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.

E. Courts. Subject to the above, any judicial proceeding will be brought exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction and venue. If you reside in a jurisdiction whose law gives you the right to sue in your local courts as a consumer, this section does not take that right away.

19 · Governing law

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules. If you are a consumer in a jurisdiction whose law requires agreements with consumers to be governed by local law, that law applies to the extent required.

20 · Changes, miscellany, and contact

In plain words: if we change these Terms in a way that reduces your rights, we'll tell you in the app before it takes effect.

We may update these Terms from time to time and will post the current version on this page with its date. If a change meaningfully reduces your rights, we will give notice in the App or on this website a reasonable period before it takes effect; changes are not retroactive, and disputes are resolved under the version in effect when the dispute arose. Continued use after a change takes effect constitutes acceptance; if you disagree, stop using the Services. These Terms are the entire agreement about their subject matter and supersede prior agreements. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the rest remains in effect and the provision will be enforced to the maximum extent permitted. You may not assign these Terms; we may assign them to a successor of the product or business. Questions and notices: support@wisprnotes.com.