Conditiōnēs

These Terms of Service ("Terms") govern your use of the Whisperian application ("App").

By accessing or using the App, you agree to these Terms. If you do not agree, please do not use the App.

This legal agreement and the operation of the services described herein are provided by Duplex d.o.o. (the "App Operator", "we", "us", or "our").

The App is intended for users who are at least 16 years of age (or the minimum age required by local law). Minors must have parental or guardian permission and supervision to use the App. If you are a minor, your parent or guardian must read and agree to these Terms before you use the App.

Our Privacy Policy explains how we process data (audio, transcripts, optional screenshots, device integrity signals) and is incorporated into these Terms.

If there is a conflict on data handling, the Privacy Policy controls.

You own your audio, transcripts, prompts, and any text you insert.

You grant us a limited, revocable license to process that content solely to provide the App's features (recording, transcription, post-processing, insertion, and delivery back to you).

You are responsible for ensuring you have the right to provide any content and to share it with the providers you choose.

When you use a third-party provider (including already configured providers or providers you configure with your own API keys, such as OpenAI, Anthropic or Groq), your audio/text is sent from your device to that provider under their terms and privacy policy.

You are also subject to the terms and privacy policy of each provider you choose.

Provider outputs may be incorrect, unsafe, or incomplete; please review them and use your judgment before relying on them.

We do not control or guarantee the availability, accuracy, or retention practices of third-party providers.

Microphone access is required to record audio for transcription.

Notifications are used to show the status of the active recording/transcription.

The accessibility service is used to show the overlay, detect when a keyboard is present, and insert the final text into the active text field. We do not retain lists of windows detected.

We may use Google Play Integrity or similar anti-abuse checks; see the Privacy Policy for details.

You are responsible for safeguarding your device and any credentials/keys you add.

Notify us promptly of unauthorized access or security issues.

We may suspend or limit access if we reasonably believe there is abuse, fraud, or a security risk.

Do not use the App illegally.

Do not access the App or related systems without authorization.

Do not reverse engineer except where legally permitted.

Do not remove or alter proprietary notices.

Do not interfere with or disrupt the App, other users, or our systems (including abuse/automation).

We may take reasonable steps to prevent misuse.

All rights, title, and interest in and to the App (including software, UI/UX, trademarks, logos, and content) are owned by the App's copyright holder(s) and/or licensors.

These Terms do not grant any rights to use any trademarks, branding, or other intellectual property except as necessary to use the App in accordance with these Terms.

The App is subject to ongoing updates, and the App's features may be modified, adjusted, or enhanced over time. This includes adding new features, refining existing ones, or changing how they are delivered.

We will do our best to provide reasonable notice for significant changes. However, parts of the App or the service as a whole may occasionally be suspended or discontinued.

We may update these Terms.

If we make material changes, we will provide reasonable notice (e.g., show a visible notice in the app).

Unless otherwise stated, changes take effect on the date indicated.

If you keep using the App after the effective date, that means you accept the updated Terms. If you do not agree, you must stop using the App.

These Terms are governed by the laws of the Republic of Croatia, without regard to conflict of laws rules.

The courts of Zagreb, Croatia have exclusive jurisdiction, except that consumers resident in the EEA/UK may bring claims in their country of residence where required by mandatory consumer law.

The App is provided "as is" and "as available" without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App will be uninterrupted, error-free or that any recordings, transcripts, prompts, or other content will be stored, retained, backed up, or recoverable, and you are responsible for maintaining your own copies.

If you are a consumer in the EEA, you have statutory rights to conformity for digital goods. These Terms do not affect those mandatory legal rights.

While we aim to provide a high-quality service, the App Operator’s liability is limited to the extent permitted by law. We cannot be held responsible for indirect or intangible losses, such as lost profits, revenue, or data.

Our total liability for any claims related to the App will not exceed the amount you paid (if any) in the twelve months leading up to the claim.

We do not exclude liability in situations where it is not legally allowed to do so, such as in cases of gross negligence or where mandatory consumer protection laws apply.

If any part of these Terms is found to be unenforceable, it will be modified only as much as necessary to make it valid, and the rest of the Terms will remain in full effect.

If we do not immediately enforce a part of these Terms, it does not mean we are waiving our right to do so in the future.

You may not transfer your rights under these Terms without our consent. However, we may transfer them in the event of a business transition, such as a merger or sale of the App.

We are not responsible for delays or failures caused by circumstances beyond our control.

If a third party makes a claim against the App Operator because you used the App in violation of these Terms or applicable law (or you did not follow a third-party provider’s terms or policies), you agree to indemnify and hold the App Operator harmless from related damages, liabilities and losses.

This indemnity does not apply to claims arising from the App Operator’s own negligence, willful misconduct, or violation of law, and does not limit any mandatory consumer rights.

We may suspend or terminate access for violations, legal requirements, or security/abuse concerns.

Where reasonable, we will provide notice and information on how to appeal unless doing so would cause harm or violate law.

Upon termination, you must stop using the App.

If you have questions about these Terms, contact us at support@whisperian.app.