Terms of Use

Effective Date: January 11, 2025

1. Acceptance of Terms

By downloading, installing, or using WhisperKey ("the Application"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Application.

2. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use WhisperKey for your personal or business use on compatible macOS devices that you own or control.

3. Subscription and Payment

3.1 Free Version

WhisperKey offers a free version with limited features, including local transcription using WhisperKit models downloaded to your device.

3.2 Pro Version

WhisperKey Pro is available for $8 per month and includes:

  • Access to cloud-based transcription providers (OpenAI, Deepgram, and compatible services)
  • Advanced features and model options
  • Priority support

3.3 License Activation

Pro licenses are managed through Polar.sh and require activation. Each license supports up to 3 device activations. Licenses are tied to your device and stored securely in the macOS Keychain.

3.4 Refund Policy

Refunds are handled according to the payment processor's policies. Please contact support for refund requests within 30 days of purchase.

4. Use Restrictions

You agree not to:

  • Reverse engineer, decompile, or disassemble the Application
  • Modify, adapt, or create derivative works of the Application
  • Remove any proprietary notices or labels
  • Use the Application for any unlawful purpose or in violation of any laws
  • Share your Pro license key with unauthorized users
  • Use the Application to transcribe content you don't have rights to process
  • Attempt to circumvent license validation or usage limits

5. Privacy and Data Processing

5.1 Local Processing

When using local WhisperKit models, all audio processing and transcription occurs entirely on your device. No audio data is transmitted to external servers.

5.2 Cloud Processing

When using cloud providers (Pro feature), audio data is transmitted to the selected third-party service (OpenAI, Deepgram, or compatible providers) for transcription. You acknowledge that:

  • Audio data will be processed according to the third-party provider's terms and privacy policies
  • You are responsible for any API keys you configure for third-party services
  • Ephemeral audio mode can be enabled to avoid storing audio files when using cloud services

6. System Requirements and Permissions

WhisperKey requires:

  • macOS 14.0 or later
  • Microphone access permission for audio recording
  • Internet connection for cloud features, license validation, and model downloads
  • Sufficient storage space for WhisperKit models (varies by model size)

7. Intellectual Property

The Application and all related content, features, and functionality are owned by us and are protected by international copyright, trademark, and other intellectual property laws. Your transcribed content remains your property.

8. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT TRANSCRIPTIONS WILL BE 100% ACCURATE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, expenses, and costs arising from your use of the Application or violation of these Terms.

11. Termination

We may terminate or suspend your access to the Application at any time for violation of these Terms. Upon termination, your license to use the Application will immediately cease.

12. Updates and Modifications

We may update the Application and these Terms from time to time. Continued use of the Application after changes constitutes acceptance of the modified Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law principles.

14. Contact Information

For questions about these Terms, please contact us at support@whisperkey.app