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VibeText Terms of Use

1. Acceptance of Terms

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

2. Description of Service

VibeText is an iOS application that:

• Records voice messages using your device's microphone
• Converts voice to text using Apple's Speech Recognition
• Enhances text using AI-powered tone adjustment via OpenAI's API
• Enables editing and sending of messages through Apple's Messages app

3. "As-Is" Service Provision

3.1 No Warranties

We make no warranties regarding:

• Accuracy of voice-to-text transcription
• Quality of AI-generated tone adjustments
• Continuous service availability
• Compatibility with future iOS versions
• Performance on all device configurations

3.2 Service Limitations

• No Guarantee of Delivery: We do not guarantee that messages will be successfully delivered
• No Uptime Guarantee: Service may be interrupted due to technical issues, maintenance, or third-party dependencies
• Third-Party Dependencies: Service relies on Apple's Speech Recognition and OpenAI's API, which may be unavailable

4. User Responsibilities

4.1 Content Responsibility

This includes responsibility for:

• The accuracy and appropriateness of your messages
• Compliance with applicable laws and regulations
• Respecting the rights and privacy of message recipients
• Any consequences resulting from your use of the App

4.2 Prohibited Uses

You agree not to use VibeText to:

• Create, transmit, or distribute illegal, harmful, or offensive content
• Harass, threaten, or abuse other individuals
• Violate any person's privacy or intellectual property rights
• Impersonate others or misrepresent your identity
• Distribute spam, malware, or other malicious content
• Attempt to reverse engineer, hack, or compromise the App
• Use the App for commercial purposes without authorization

4.3 Age Requirements

You must be at least 13 years old to use VibeText. Users under 18 require parental consent.

5. Intellectual Property

5.1 App Ownership

VibeText and all related intellectual property are owned by D3Marco, LLC. You receive a limited, non-exclusive license to use the App for personal purposes.

5.2 User Content

You retain ownership of your voice recordings and messages. By using VibeText, you grant us a limited license to process your content solely for providing the service.

5.3 Feedback

Any feedback, suggestions, or ideas you provide about VibeText may be used by us without compensation or acknowledgment.

6. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy to understand how we handle your information.

6.1 Data Processing

• Voice recordings are processed locally and not stored
• Transcribed text is sent to OpenAI for processing
• No personal data is retained by VibeText

7. Limitation of Liability

7.1 Damages Limitation

We are not liable for:

• Loss of data, messages, or communications
• Business interruption or lost profits
• Emotional distress or personal injury
• Third-party actions or services
• Technical failures or service interruptions

7.2 Maximum Liability

Our total liability to you for any claims related to VibeText shall not exceed the amount you paid for the App (if any) in the 12 months preceding the claim.

8. Indemnification

You agree to indemnify and hold harmless D3Marco, LLC from any claims, damages, or expenses arising from:

• Your use of VibeText
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create or transmit using the App

9. Service Modifications and Termination

9.1 Service Changes

We reserve the right to:

• Modify or discontinue VibeText at any time
• Update features, functionality, or requirements
• Change these Terms with appropriate notice

9.2 Termination

We may terminate your access to VibeText if you violate these Terms. You may stop using the App at any time by deleting it from your device.

10. Third-Party Services

10.1 Dependencies

VibeText relies on third-party services:

• Apple Services: iOS, Speech Recognition, Messages app
• OpenAI API: Text processing and enhancement

10.2 Third-Party Terms

Your use of VibeText is also subject to:

• Apple's Terms of Service
• OpenAI's Terms of Use

11. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Delaware.

12. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and D3Marco, LLC regarding VibeText.

14. Contact Information

For questions about these Terms or VibeText:

• Email: nickd@demarconet.com
• Developer: D3Marco, LLC
• Response Time: We aim to respond within 5 business days

15. Updates to Terms

We may update these Terms to reflect changes in our service or applicable laws. Material changes will be communicated through:

• App Store update notifications
• In-app notifications
• Updates to this webpage

Continued use of VibeText after changes constitutes acceptance of the updated Terms.