The contract
between us.

1. Definitions

For purposes of this Agreement:

• "Company," "We," "Us," "Our" means TechBantu IT Solutions, LLC, a Delaware limited liability company.
• "Service" means the VoiceType application for macOS, including all features, updates, software components, websites at voicetype.dev and its subdomains, and related back-end services.
• "User," "You," "Your" means any individual or entity accessing or using the Service.
• "AI Output" means any text, transcription, formatting, or content produced by the Service's artificial-intelligence components, whether on-device or cloud-assisted, and is not guaranteed to be accurate, complete, or fit for any purpose.
• "Third-Party Technology" means software, models, weights, services, and infrastructure provided by third parties and incorporated into or used by the Service, including without limitation WhisperKit (Argmax, Inc.), the OpenAI Whisper model weights, the Qwen 3.5 model weights, llama.cpp, Apple frameworks, Stripe payment infrastructure, Vercel hosting, Upstash storage, Hugging Face model distribution, and any cloud language-model provider You opt in to use.
• "Content" means any audio, text, or data You provide to or generate through the Service.
• "Pro" means a paid subscription tier of the Service granting access to features beyond the free tier, as described at point of sale.
• "Distribution Channel" means the means by which You obtained the Service, currently either (a) direct download from voicetype.dev with payment processed via Stripe, or (b) the Apple App Store with payment processed via Apple.

2. Service & Third-Party Technology

2.1 Nature of Service

VoiceType is a voice-to-text application for macOS. In its default configuration, microphone audio is processed locally on Your device using on-device speech-recognition models. The resulting text is inserted at Your active text cursor or otherwise made available within the app.

2.2 Third-Party Technology Attribution

• WhisperKit — on-device speech-recognition framework by Argmax, Inc., used under the MIT License.
• Whisper model weights — originally published by OpenAI, Inc. under the MIT License and packaged for Apple Silicon by Argmax via WhisperKit. "Whisper" is a trademark of OpenAI, Inc.
• Qwen 3.5 model weights — published under the Apache License 2.0; used on-device for the optional local AI polish feature.
• llama.cpp — on-device inference engine, used under the MIT License.
• Apple frameworks — macOS APIs and the Apple Speech framework (where used as a strictly on-device fallback). "Apple," "macOS," and related marks are trademarks of Apple Inc.
• Stripe — payment processing for direct purchases.
• Vercel, Upstash, Hugging Face — hosting, server-side state, and model distribution as described in Sub-processors.

2.3 Cloud-Assisted "AI Polish" (Pro, opt-in)

The Service offers multiple polish providers, only one of which transmits data outside Your device. Specifically: the default provider uses an on-device language model and does not transmit Your transcript anywhere; Apple Intelligence (when enabled) runs on-device under Apple's control; Ollama (when configured) runs against a local server You operate. The "Cloud Pro" provider, available only to Pro subscribers and only when explicitly selected, transmits the post-transcription text (not audio) to Our authenticated proxy, which forwards it to a configured cloud language-model provider listed in Sub-processors solely for the polish step You requested. By selecting and using a cloud provider, You consent to that transmission. You may switch providers or disable polish at any time in app preferences.

2.4 Voice Data Non-Collection & Biometric Information Disclaimer

The Service is engineered to never collect, transmit, retain, or process voice biometric information. Specifically, the Service:

• holds raw audio in transient memory and a temporary file on Your device while transcription runs, and deletes the temporary file immediately after transcription;
• does not transmit audio recordings to Our servers in any default or supported configuration;
• does not generate, store, transmit, or use voiceprints, voice templates, biometric identifiers, biometric information, or biometric data within the meaning of the Illinois Biometric Information Privacy Act, 740 ILCS 14 ("BIPA"); the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code §503.001 ("CUBI"); the Washington My Health My Data Act, RCW 19.375; the New York City POST Act; the California Consumer Privacy Act / California Privacy Rights Act, Cal. Civ. Code §1798.140(ae)(2); or analogous statutes elsewhere; and
• does not perform speaker identification, speaker authentication, voice-print matching, or any other biometric-recognition function.

2.5 Free Tier & Pro

The Service offers a free tier (currently up to thirty (30) minutes of transcription per device per calendar day) and Pro subscription tiers as described at point of sale and in §11. Free-tier limits and Pro feature inclusions may change with reasonable notice.

2.6 Modifications

We may update, modify, suspend, or discontinue all or part of the Service at any time, including specific features, models, or providers, with or without notice. We are not liable for any modification or discontinuation of the Service except as required by mandatory consumer law.

3. Disclaimers & No Warranties

3.1 AS-IS Provision

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We expressly disclaim all warranties, including without limitation implied warranties of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, TITLE, SYSTEM INTEGRATION, and WORKMANLIKE EFFORT; any warranty that the Service or any AI Output will meet Your requirements, be uninterrupted, secure, error-free, or free of viruses; and any warranty arising from course of dealing, course of performance, or trade usage.

3.2 No Accuracy Guarantee for AI Outputs

AI Outputs are not guaranteed to be accurate, complete, or error-free. Speech-recognition and language-model technology is inherently probabilistic. Outputs vary based on audio quality, accent, background noise, language, vocabulary, dictation style, and the specific model in use, and may contain errors, omissions, misinterpretations, hallucinations, or biased content. The Service may fail, crash, or become unavailable without notice.

3.3 Not Professional Advice

The Service does not provide and shall not be construed as providing medical, mental-health, therapeutic, legal, financial, investment, tax, accounting, regulatory, or other professional advice; emergency or crisis-intervention services; or services regulated by any governmental authority. Do not rely on AI Outputs for any decision affecting health, safety, legal rights, finances, or other critical matters. Always consult a qualified professional.

3.4 Technology Evolution

You acknowledge that the Service's AI components may be updated, replaced, retrained, or removed at any time, with corresponding changes to model behavior, accuracy, latency, or functionality. We disclaim all liability for changes in AI behavior except where mandatory law requires otherwise.

3.5 Third-Party Technology Disclaimer

We make no warranties regarding any Third-Party Technology. Such components are provided under their respective licenses and terms, and We are not responsible for their failures, errors, biases, security vulnerabilities, or limitations.

4. Limitation of Liability

4.1 Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall Company, its officers, directors, employees, agents, licensors, or service providers be liable for: any indirect, incidental, special, consequential, punitive, exemplary, or treble damages; loss of profits, revenue, business opportunity, data, goodwill, or intangible losses; damages from unauthorized access; damages from any AI Output; damages from reliance on AI Output; damages from interruption or cessation; cost of procurement of substitute services; or damages caused by Third-Party Technology. This exclusion applies regardless of legal theory and even if We have been advised of the possibility of such damages.

4.2 Liability Cap

Our total cumulative liability for all claims arising from or related to the Service shall not exceed the greater of (a) the amount You paid Us in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty United States dollars (US$50.00).

4.3 Essential Purpose

The limitations in this §4 are essential elements of this Agreement and apply to the fullest extent permitted by law in the applicable jurisdiction, even if any limited remedy fails of its essential purpose.

4.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, Our liability is limited to the maximum extent permitted by law, and the rest of this Agreement remains in effect (see §13).

4.5 Time Limit on Claims

To the maximum extent permitted by applicable law, any claim arising out of or related to the Service or this Agreement must be filed within one (1) year after the cause of action accrues, after which it is permanently barred.

5. Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: Your use of the Service; Your Content or any content You create using AI Outputs; Your violation of this Agreement; Your violation of any third-party right; Your violation of any applicable law or regulation; any claim that Your use of AI Outputs caused harm to a third party; any unauthorized or improper use of the Service.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by You, at Your expense. You agree to cooperate with such defense and shall not settle any matter that admits liability or imposes obligations on Us without Our prior written consent.

6. Privacy & Data Practices

Privacy terms are published as a stand-alone Privacy Policy, which controls how We process personal data, including specific rights for residents of the EEA, UK, California, and other jurisdictions. The Privacy Policy is incorporated into this Agreement by reference. The non-collection of voice biometric information described in §2.4 is reaffirmed in the Privacy Policy.

7. AI Technology Acknowledgment

7.1 Nature of AI

You acknowledge that the Service uses artificial-intelligence and machine-learning technology; AI systems are probabilistic and may produce different outputs for identical inputs; AI models may produce errors, hallucinations, biases, or unexpected results; AI technology evolves rapidly; and no AI system is perfect or infallible.

7.2 Your Responsibilities

You are solely responsible for reviewing and verifying AI Outputs before use; for any decision based on AI Outputs; for any consequence of using or relying on AI Outputs; for ensuring AI Outputs are appropriate for Your intended use; and for complying with all applicable laws regarding AI-generated content.

7.3 No Reliance

You expressly agree not to rely on AI Outputs for any purpose where errors could result in harm, injury, financial loss, legal consequences, or other significant negative outcomes.

7.4 AI Output Ownership Disclaimer

AI Outputs are derived from Your Content using AI technology. The legal ownership of and rights in AI-generated content are subject to evolving law and case-by-case analysis (see, e.g., Thaler v. Perlmutter (D.D.C. 2023) and the U.S. Copyright Office's 2023–2025 guidance on AI-assisted works). We make no representations regarding Your ownership rights in AI Outputs and disclaim all warranties of title, non-infringement, or registrability. You assume all risk relating to the use, registration, distribution, and licensing of AI Outputs.

8. Intellectual Property

8.1 Company IP

The Service, including its design, features, code, and branding (excluding Third-Party Technology and Your Content), is owned by Company and protected by intellectual-property laws. Subject to Your compliance with this Agreement, We grant You a limited, non-exclusive, non-transferable, revocable license to use the Service for personal or internal business purposes on devices You own or control.

8.2 Your Content

You retain ownership of Your audio recordings and any original content You create. You grant Us a worldwide, royalty-free, limited license to process Your Content solely as necessary to provide the Service, and only as described in the Privacy Policy.

8.3 Trademarks

"VoiceType" and the VoiceType logo are trademarks of Company. You may not use these marks without prior written consent, except for nominative reference (e.g., "I use VoiceType") consistent with applicable trademark fair-use principles.

8.4 Feedback

Any feedback, suggestion, or idea You provide regarding the Service may be used by Us without obligation, attribution, or compensation to You.

8.5 Third-Party IP

Third-party trademarks, logos, and brand names mentioned in the Service are property of their respective owners. Their use does not imply endorsement.

8.6 Restrictions

You shall not (a) reverse engineer, decompile, or disassemble the Service, except where such restriction is prohibited by law; (b) circumvent license-, entitlement-, device-limit-, or rate-limit-enforcement mechanisms; (c) use the Service to develop a competing product; (d) remove or alter any proprietary notice; or (e) sublicense, resell, or distribute the Service except as expressly permitted.

9. Dispute Resolution & Arbitration

9.1 Informal Resolution

Before initiating any formal dispute resolution, You agree to contact Us at legal@techbantu.us with a written description of the dispute and the relief sought, and to attempt to resolve the dispute informally for at least thirty (30) days. Statutes of limitations are tolled during this period.

9.2 Binding Individual Arbitration

Any dispute, claim, or controversy arising from or relating to this Agreement or the Service that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, including, where applicable, the AAA Mass Arbitration Supplementary Rules effective January 15, 2024. The Federal Arbitration Act, 9 U.S.C. §§1 et seq., governs interpretation and enforcement.

9.3 Class-Action Waiver

You and Company agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. If a court determines this waiver is unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed and adjudicated in court.

9.4 Arbitration Procedures

• Location. Delaware or, at Your election, by telephone or video conference.
• Language. English.
• Fees. Each party bears its own costs and attorneys' fees, except as the AAA Rules otherwise provide; for claims of US$10,000 or less, We will pay AAA filing and arbitrator fees if You request and unless the arbitrator finds Your claim frivolous.
• Award. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

9.5 Exceptions

Notwithstanding the above, either party may (a) seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual-property rights; and (b) bring claims within the jurisdictional limits of small-claims court in such court, on an individual basis only.

9.6 Opt-Out

You may opt out of the arbitration agreement and class-action waiver by sending a written, signed notice to legal@techbantu.us within thirty (30) days of first accepting these Terms. The notice must include Your full name, the email used to obtain the Service, the date You first accepted these Terms, a clear statement that You wish to opt out of arbitration, and Your handwritten signature (a typed signature is not sufficient). Opting out does not affect any other provision.

9.7 Survival

This arbitration agreement survives termination of Your relationship with Company.

9.8 Mass-Arbitration Bellwether Procedure

If twenty-five (25) or more individual arbitration demands of substantially similar nature are filed against Company within any sixty (60) day period (a "Mass Filing"), the following procedures apply notwithstanding any inconsistent provision of the AAA Consumer Arbitration Rules and in coordination with the AAA Mass Arbitration Supplementary Rules:

1. The first ten (10) demands chronologically filed (the "Bellwether Cases") shall proceed to arbitration on an expedited individual basis.
2. All other demands within the Mass Filing shall be stayed pending resolution of the Bellwether Cases. Statutes of limitations are tolled during such stay.
3. Following resolution of the Bellwether Cases, the parties shall meet and confer in good faith for thirty (30) days to discuss global resolution informed by the Bellwether outcomes.
4. If global resolution is not reached, claimants may proceed in batches of ten (10) on a rolling basis.
5. Filing fees, arbitrator fees, and AAA administrative fees shall be allocated as the AAA Mass Arbitration Supplementary Rules provide; in conflict, those Rules control.
6. Nothing in this §9.8 permits class, collective, or representative actions, all of which remain expressly waived under §9.3.

10. General Provisions

10.1 Governing Law

This Agreement is governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except that the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. The choice of Delaware law does not deprive any consumer of the protection of mandatory consumer law of the consumer's habitual residence (see §13).

10.2 Severability

If any provision is found unenforceable in a particular jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or, if not capable of such modification, severed; all other provisions continue in full force and effect.

10.3 Entire Agreement

This Agreement, together with the documents it incorporates by reference (Privacy Policy, Refund Policy, Sub-processors, Security), constitutes the entire agreement between You and Company regarding the Service.

10.4 Waiver

Our failure to enforce any right or provision is not a waiver. Any waiver must be in writing and signed by an authorized representative of Company.

10.5 Assignment

You may not assign or transfer this Agreement without Our prior written consent. We may assign this Agreement, in whole or in part, in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, without restriction.

10.6 Amendments

We may modify these Terms by posting the revised version at voicetype.dev/terms or by in-app or email notice. Material changes are effective thirty (30) days after the earlier of posting or notice. Continued use constitutes acceptance. If You do not accept a material change, You must stop using the Service before the effective date; refunds for the unused portion of a then-current paid period are available if a material change materially diminishes the Pro features You are paying for.

10.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond Our reasonable control.

10.8 Notices

Notices to You may be provided via email, in-app notice, or by posting on the Service. Notices to Us must be sent to legal@techbantu.us.

10.9 Third-Party Beneficiaries

This Agreement creates no third-party beneficiary rights, except that (a) Our licensors and service providers are third-party beneficiaries of disclaimers and limitations of liability, and (b) Apple Inc. and its subsidiaries are third-party beneficiaries as set forth in §12.

10.10 Headings

Section headings are for convenience only and shall not affect interpretation.

10.11 Export & Sanctions Compliance

You represent that You are not located in, under the control of, or a national or resident of any country subject to U.S. Government embargo or designated as a "terrorist supporting" country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.

10.12 Contact

TechBantu IT Solutions, LLC
Legal: legal@techbantu.us · Privacy: privacy@techbantu.us · Security: security@techbantu.us · Support: support@techbantu.us

11. Subscription, Auto-Renewal & Billing

11.1 Plans & Free Trial

Company offers a free tier (currently thirty (30) minutes of transcription per device per calendar day) and Pro subscription plans on monthly or annual recurring billing cycles. Plan features, trial lengths, and prices are stated at point of sale and are subject to change as set forth in §11.6.

App Store free trial. If You purchase a Pro subscription through the Apple App Store, the offer currently includes an introductory free trial (seven (7) days for the monthly plan; fourteen (14) days for the annual plan). At the end of the trial period, Your subscription will automatically convert to a paid subscription at the then-current price unless You cancel before the trial ends. You can cancel a free trial at any time through Apple's subscription tools (see §11.4). Direct (Stripe) subscriptions do not include a free trial; the thirty (30) day money-back guarantee in the Refund Policy applies instead.

11.2 Auto-Renewal Disclosure

Paid subscriptions automatically renew at the end of each billing period at the then-current rate unless You cancel before the renewal date. By starting a paid subscription, You authorize Company (or, for App Store purchases, Apple) to charge Your payment method on each renewal date until You cancel.

11.3 California Subscribers (Bus. & Prof. Code §§17600 et seq., "ARL")

If You reside in California: the auto-renewal terms in §11.2 are clearly and conspicuously disclosed before the original transaction; You provide affirmative consent to auto-renewal by completing the purchase; You will receive an acknowledgment email containing the auto-renewal terms, cancellation method, and refund policy; for annual or longer subscriptions, You will receive a renewal reminder between three (3) and twenty-one (21) days before each automatic renewal; You may cancel at any time using the methods described in §11.4 and the Refund Policy, without obligation to contact a representative.

11.4 Cancellation

You may cancel a direct (Stripe) subscription at any time via the Stripe customer portal or by emailing support@techbantu.us. App Store subscriptions must be cancelled through Apple's subscription tools. Cancellation takes effect at the end of the then-current billing period. Pro-rata refunds are not provided except as required by §11.5 (EU/UK), the Refund Policy, or applicable mandatory consumer law.

11.5 EU and UK Withdrawal Right (Directive 2011/83/EU; UK Consumer Contracts Regs 2013)

If You are a consumer resident in the EEA, UK, Switzerland, or another jurisdiction recognizing a statutory withdrawal right for distance sales of digital services, You have the right to withdraw within fourteen (14) calendar days of purchase without giving any reason (the "Withdrawal Period"). By beginning use of Pro features before expiry of the Withdrawal Period, You (i) expressly request immediate performance and (ii) acknowledge that You will lose Your statutory right of withdrawal once Company has fully performed. To exercise the Withdrawal Right where it remains available, email legal@techbantu.us within the Withdrawal Period.

11.6 Price Changes

We may modify subscription prices for future renewal periods. We will provide at least thirty (30) days' notice of any material price increase by email and/or in-app notification. Continued use after the new price takes effect constitutes acceptance.

11.7 Failed Payment

If a renewal payment fails, We may suspend Pro features after a grace period of seven (7) days. We will send up to three (3) payment-retry notices. If payment is not received within thirty (30) days of original failure, the subscription terminates and access reverts to the free tier; reactivation requires a new purchase.

11.8 Chargebacks

If You initiate a credit-card chargeback or payment-network dispute against Company without first using the refund procedures in the Refund Policy, Company may, in addition to all other rights and remedies: (a) immediately terminate Your subscription and account; (b) revoke any device entitlements; (c) bar You from future purchases; and (d) recover the disputed amount, chargeback fees, and reasonable collection costs from You.

11.9 Refunds

Refunds are governed by the Refund Policy and the terms of the applicable Distribution Channel (App Store refunds are administered by Apple). The Refund Policy is incorporated into this Agreement by reference.

11.10 Taxes

All prices are stated exclusive of applicable taxes. Company (or Stripe Payments Europe, Limited acting as Merchant of Record, or Apple for App Store purchases) collects VAT, GST, sales tax, and other applicable taxes where legally required.

11.11 Device Limit

Pro entitlements are bound to a limited number of devices, as stated in app preferences. You may use the Service on additional devices subject to that limit and may transfer entitlement between devices using the recovery key.

12. Apple App Store Terms

If You obtained the Service from the Apple App Store, the following additional terms apply, and Apple's Standard End User License Agreement (located at apple.com/legal/internet-services/itunes/dev/stdeula/, the "Apple EULA") applies in addition to this Agreement:

1. This Agreement is between You and Company only, not Apple. Apple is not responsible for the Service or its content.
2. The license granted in §8 is limited to a non-transferable license to use the Service on Apple-branded products that You own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to furnish maintenance or support services with respect to the Service.
4. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the Service to You. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever.
5. Apple is not responsible for addressing any claim by You or any third party relating to the Service, including product-liability, regulatory-compliance, consumer-protection, and IP infringement claims.
6. In the event of a third-party IP infringement claim relating to the Service, Company (and not Apple) is responsible for the investigation, defense, settlement, and discharge.
7. You represent that You comply with the export-and-sanctions representation in §10.11.
8. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon Your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary.

For conflicts between this Agreement and the Apple EULA on App Store-specific matters (download permissions, refund mechanics, Apple's role and obligations), the Apple EULA controls. For all other matters, this Agreement controls.

13. EU/UK Consumer Rights and International Severability

13.1 Mandatory Local Law

Nothing in this Agreement (including the disclaimers in §3, the limitations in §4, the indemnity in §5, the arbitration agreement in §9, and the choice of Delaware law in §10.1) excludes, restricts, or modifies any consumer right that cannot lawfully be excluded under the mandatory consumer-protection law of Your country of habitual residence.

13.2 EEA / UK / Switzerland Consumers

Consumers in the EEA, UK, and Switzerland may bring claims arising under mandatory local consumer law in the courts of their country of habitual residence and may invoke any non-waivable rights under such law. §9 (Arbitration) does not apply to claims under mandatory rights, and the class-action waiver in §9.3 does not apply where it conflicts with non-waivable consumer-protection rights.

13.3 GDPR / UK GDPR Rights

Personal data processing is governed by Our Privacy Policy, which sets out Your rights under Regulation (EU) 2016/679 and the UK General Data Protection Regulation, including the right to lodge a complaint with the supervisory authority in Your jurisdiction.

13.4 Australia, Canada, New Zealand, etc.

Consumer guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Canadian provincial consumer-protection statutes, the New Zealand Consumer Guarantees Act 1993, and analogous statutes in other jurisdictions are preserved. Where We are liable for a failure to comply with such a guarantee, Our liability is limited as permitted by the applicable statute.

13.5 Severability of International Provisions

If any provision is found unenforceable in a particular jurisdiction, that provision is severed only to the extent necessary in that jurisdiction; the rest of this Agreement remains in full force and effect, including in jurisdictions where the severed provision is enforceable.