Terms and Conditions

1. Introduction

Welcome to PeakNote ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the PeakNote mobile application and any related services (collectively, the "Service"). By downloading, installing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

2. Eligibility

You must be at least 13 years old to use our Service. By using our Service, you represent and warrant that you meet this requirement. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

3. Account Registration

To access certain features of our Service, you will need to sign in using your Apple ID. You agree to provide accurate, current, and complete information during the sign-in process. You are responsible for maintaining the confidentiality of your Apple ID and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Content

Our Service allows you to record, store, and process voice recordings and their transcriptions ("User Content"). You retain all rights to your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content for the purpose of providing and improving our Service.

You represent and warrant that:

• You own or have the necessary rights to your User Content and have the right to grant the license described above.
• Your User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity.
• Your User Content does not contain any material that solicits personal information from anyone under 18 or exploit people under 18 in a sexual or violent manner.
• Your User Content does not violate any applicable law, regulation, or rule.

5. Audio Recording and Transcription Services

PeakNote provides audio recording and transcription services. By using these features, you acknowledge and agree to the following:

• You are responsible for obtaining consent from all parties being recorded where required by applicable laws.
• Your audio recordings are processed using Deepgram API to convert speech to text.
• The accuracy of transcriptions may vary depending on factors such as audio quality, accents, background noise, and technical limitations.
• We use AI-powered services (OpenAI or Google Gemini API) to analyze transcriptions for generating summaries, action items, and other insights.
• While we strive for accuracy, we cannot guarantee that all transcriptions or AI-generated insights will be completely error-free.

6. Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate PeakNote, a PeakNote employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm PeakNote or users of the Service or expose them to liability.
• To record conversations without the knowledge and consent of all parties being recorded, where required by applicable laws.

7. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PeakNote, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8. Subscription and Payments

Some features of our Service require a subscription. By subscribing to our Service, you agree to pay the applicable fees as they become due. All payments are processed through Apple's In-App Purchase system and are subject to Apple's terms and conditions.

8.1 Auto-Renewable Subscriptions

Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage your subscription and turn off auto-renewal through your Apple ID account settings. Once purchased, refunds will not be provided for any unused portion of the term.

8.2 Free Trial

Any free trial or promotional offer, if applicable, will automatically convert to a paid subscription unless you cancel before the end of the trial period. You can only use one free trial per subscription type.

8.3 Price Changes

We reserve the right to change our subscription plans or adjust pricing for our service in any manner and at any time as we may determine in our sole discretion. Any price changes will take effect following notice to you.

9. Third-Party Services

The Service integrates with and relies on certain third-party services including:

• Sentry: For error tracking and application monitoring
• AI APIs: We use OpenAI or Google Gemini API for processing transcriptions and generating insights
• Deepgram API: For converting voice recordings to text
• Apple Services: Including Sign in with Apple and In-App Purchases
• Cloudflare: For secure data storage and content delivery

Your use of these third-party services may be subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third-party services.

10. Data Storage

We use Cloudflare for file storage to securely store your voice recordings and related data. All data processing occurs within India in compliance with local data localization requirements. Your data is encrypted during transmission and at rest. For more information about how your data is handled, please refer to our Privacy Policy.

11. Indian Legal Compliance

The following provisions apply to all users of the Service:

11.1 Compliance with Indian Laws

Your use of the Service must comply with all applicable Indian laws and regulations, including but not limited to the Information Technology Act, 2000 and its amendments, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and other applicable privacy laws.

11.2 Data Localization

In accordance with Indian data protection requirements, all user data is stored on servers located within India.

11.3 Legal Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.

12. Privacy Policy

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEAKNOTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEAKNOTE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

15. Indemnification

You agree to defend, indemnify, and hold harmless PeakNote, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

16. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

17. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

18. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict of law provision or rule.

19. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to these Terms or the Service shall be resolved by the courts in Pune, Maharashtra, India.

20. Contact Information

If you have any questions about these Terms, please contact us at hello@peaknote.app.