Terms of Service

These Terms of Service ("Terms") are a contract between you and The Harambe Company LLC (doing business as dolfinspeak, located at 755 W Big Beaver Rd, Ste 2020-R, Troy, MI 48084) ("dolfinspeak," "we," "us") governing your access to and use of the dolfinspeak Mac application (the "app") and this website (together, the "Services"). By using the Services, you agree to these Terms and our Privacy Policy. If you don't agree, don't use the Services. To use the Services, you must be at least 13 if you reside in the United States, and 16 elsewhere; if you're under 18, you may need a parent or guardian's consent.

Your account

You need an account to use the Services. You agree to provide accurate, complete, and current information, to keep your credentials confidential, and to be responsible for all activity under your account. The Services are for your individual use — don't share your account. Notify us promptly at support@dolfinspeak.com if you suspect unauthorized use.

Your content

Ownership

Your content is yours — we don't claim ownership of it. "Customer Content" means what you provide to or create with the Services, including your audio inputs, transcripts, the outputs generated by cloud modes, and edits or corrections you make.

License to us

To operate and improve the Services, you grant The Harambe Company LLC and the service providers acting on our behalf a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of, process, transmit, display, and otherwise use Customer Content to provide, secure, analyze, and improve the Services. We use Customer Content to develop, train, and improve AI models only as described in our Privacy Policy and subject to your Data Controls settings (model training is off by default). We may also create and use de-identified or aggregated data for any lawful purpose. You represent that your content, and our use of it as permitted here, won't infringe or violate any law or third-party right.

AI inputs and outputs

The Services use large language models and other AI features. The content you submit is the "Input," and what the AI generates is the "Output." As between you and us, you retain your rights in Inputs and own Outputs, and we assign to you any rights we may have in your Outputs. Because of how generative AI works, Outputs may not be unique and similar Outputs may be generated for other users; you have no rights in others' Outputs.

No warranty on outputs

We make no representations or warranties about the accuracy of Outputs. Transcription and AI-generated results may contain errors even when they appear correct — don't rely on them without independently confirming, and don't treat them as professional advice.

Recording consent

You're responsible for what you record and transcribe. Ensure you have any consent required by law before recording or transcribing other people, and don't use the Services with content you don't have the right to use.

License to use the app

Subject to these Terms, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the app on devices you own or control, solely to access the Services. The app may update automatically. To the extent any component is offered under an open-source license, that license may override these Terms for that component.

Acceptable use

You agree not to:

• breach or circumvent security, authentication, or usage limits;
• reverse-engineer, decompile, or extract source code, except where that restriction is prohibited by law;
• resell, sublicense, or commercially redistribute the Services without authorization;
• interfere with or disrupt the Services (e.g., malware, flooding, scraping, bulk account creation);
• use the Services to break the law or infringe others' rights, including by recording or transcribing someone without required consent;
• use AI features to develop competing AI/ML models, to infringe third-party rights, or for unlawful, harmful, deceptive, harassing, or discriminatory purposes; or
• misrepresent Outputs as approved or vetted by us, or as wholly human-created where that would be deceptive.

We may review conduct and content for compliance and take appropriate action, including removing content or suspending or terminating accounts.

Subscriptions, billing, and cancellation

• Free and paid. The app is free to download and local, on-device transcription is available without a subscription. Cloud "modes" (LLM-powered features) require an active paid subscription.
• Billing. Paid subscriptions are processed by Stripe; by subscribing you authorize recurring charges to your payment method. Payments are subject to Stripe's terms and privacy policy.
• Renewal. Subscriptions renew automatically each period until cancelled.
• Cancellation. You can cancel anytime; cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Refunds are only issued if required by law.
• Price changes. We may change fees on renewal with reasonable advance notice (by email or in-app), and you can cancel before the new price takes effect.
• Taxes. You're responsible for applicable taxes. Mandatory local cancellation/refund laws are not overridden by this section.

Third-party services

The Services rely on third parties — for example, Stripe (payments), WorkOS (authentication, including Google/Apple sign-in) and Discord (sign-in), OpenRouter and the large-language-model providers it routes to (such as Anthropic, and potentially OpenAI, Google, or others), Mux (video), and Apple's platform. Your use of those services may be subject to their own terms, and we're not responsible for them or for the availability of the Services to the extent it depends on them.

Beta services

We may offer features labeled "beta," "preview," or similar that are still in testing and may be less reliable. By using them, you agree we may contact you for feedback, and you'll keep any features marked confidential confidential until launch.

Our intellectual property

The Services, our name, logo, and related materials are owned by The Harambe Company LLC and protected by intellectual-property laws. These Terms grant you no rights in our IP or trademarks, and you agree not to create derivative works of the Services. If you send us feedback, we may use it without obligation to you.

Our rights

We may, in our discretion and without liability (except where prohibited by law): change or discontinue all or part of the Services; and suspend, restrict, or terminate your access or account. Where reasonable, we'll provide notice.

Termination

You can stop using the Services anytime. We may suspend or terminate your access if we reasonably believe you've breached these Terms, your use poses a risk, or (for free accounts) you've been inactive for twelve consecutive months. If we discontinue a paid Service before the end of a period you've pre-paid, we'll refund the unused, pre-paid portion. Provisions that by their nature should survive termination (such as content licenses, IP, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.

Disclaimers

To the maximum extent permitted by law, the Services and all Outputs are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Services will be uninterrupted, error-free, or free of harmful components. Some jurisdictions don't allow certain disclaimers, so some may not apply to you, and nothing here affects your mandatory statutory rights.

Limitation of liability

To the maximum extent permitted by law, The Harambe Company LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising from your use of (or inability to use) the Services or any Outputs. Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or USD 100. If you are an EU/UK consumer, we remain liable for intent and gross negligence and as otherwise required by mandatory law.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless The Harambe Company LLC and its officers, directors, employees, and agents from claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Content, your use of the Services, or your violation of these Terms or applicable law — except to the extent caused by our breach, or, for EU consumers, where the consequences weren't reasonably foreseeable.

Dispute resolution and arbitration

Informal resolution first

Before filing a claim, email us at support@dolfinspeak.com with a description of the dispute. We'll try to resolve it informally; if we can't within 60 days, either of us may proceed.

Binding individual arbitration (US residents)

If you are a US resident, you and The Harambe Company LLC agree to resolve any dispute relating to these Terms or the Services by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules [TODO(legal): confirm rules + provider], rather than in court — except that either party may bring an individual claim in small-claims court, or seek injunctive relief for misuse or IP infringement. The arbitration will take place in the US county where you live or work, or another agreed location.

Class-action waiver

YOU AND The Harambe Company LLC AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a claim, that claim will be severed and heard in court, but the rest of this section still applies.

30-day opt-out

You can opt out of this arbitration agreement by emailing support@dolfinspeak.com within 30 days of first accepting these Terms; opting out won't affect the other provisions.

If you reside in a country whose laws give you the right to bring disputes locally, this section doesn't override those rights.

Governing law

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules. Subject to the arbitration section, any permitted court proceeding will be brought exclusively in the state and federal courts located in Michigan, and you consent to that jurisdiction and venue. Mandatory consumer-protection laws of your home country are not overridden.

Changes to these Terms

We may modify these Terms; we'll post the current version and update the date above. If a change meaningfully reduces your rights, we'll provide notice. Changes aren't retroactive. Continuing to use the Services after changes take effect means you accept them.

Copyright

We respect intellectual property and respond to valid notices of alleged copyright infringement consistent with applicable law (including the DMCA), and may remove infringing content and terminate repeat infringers. Send notices to support@dolfinspeak.com.

General

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior agreements. Our failure to enforce a provision isn't a waiver. If a provision is unenforceable, the rest stays in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact

Questions about these Terms? support@dolfinspeak.com.