Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the Superwhisper application ("App") provided by SuperUltra, Inc. ("we", "us", or "our"). By accessing or using our App, you are agreeing to these Terms and concluding a legally binding contract with SuperUltra, Inc.

Privacy and Data Protection

Our Privacy Policy describes how we handle the information you provide when using our App. By using the App, you consent to the collection and use of this information as described in our Privacy Policy. California residents have additional rights under the CCPA, including the right to know what personal information we collect and request its deletion. If you are in the European Economic Area, the United Kingdom, or Switzerland, you have rights under the GDPR and equivalent laws, including the right to access, correct, delete, port, or restrict the processing of your personal data, to object to processing, and to lodge a complaint with your local data-protection supervisory authority.

We commit to the following data processing guarantees: (1) your data is not used to train, fine-tune, or improve AI models, (2) your audio and transcription content is not retained on our servers (local models run entirely on your device, and cloud models process your content transiently on a zero-retention basis and do not store it after processing), and (3) while API calls require authentication, we retain only your account identifier and the usage metadata needed to manage your subscription, authenticate requests, secure the service, and enforce fair-use limits. These core guarantees will not change without prior notice.

Data Processing

If you use the App to process personal data that is subject to data-protection laws (such as the GDPR, UK GDPR, or CCPA) on behalf of others, our Data Processing Addendum ("DPA") is incorporated into and forms part of these Terms and governs that processing. You accept the DPA when you accept these Terms; no separate signature is required. The DPA does not apply to your use of the App for your own personal purposes. Our DPA and HIPAA Business Associate Agreement (BAA) are available at trust.superwhisper.com. Where you have separately executed a DPA or Master Subscription Agreement with us, that document governs to the extent it conflicts with this section.

User Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must immediately notify us of any unauthorized use of your account or other security breaches. We reserve the right to disable accounts that violate these Terms.

Subscriptions and Payments

Subscription terms and pricing are provided within the App. We offer a 30-day refund period from the date of first purchase. After 30 days, payments are non-refundable. Unless you cancel, your subscription automatically renews at the end of each billing period at the then-current price, and we will notify you in advance of each renewal. You may cancel at any time, and your access will continue until the end of the current billing period. We reserve the right to change subscription prices upon notice.

Lifetime and One-Time Licenses

We may offer a one-time-purchase license marketed as a "lifetime" license. "Lifetime" means the lifetime of the applicable product or service as we make it generally available, not a perpetual or unconditional guarantee of access for any fixed period. A lifetime license is a license to use the App and its associated services on these Terms; it is not a sale of the software itself, and it does not exempt you from these Terms.

A lifetime license remains subject to these Terms, including the Acceptable Use, Fair Use and Rate Limits, and Termination sections. We may suspend, disable, or terminate a lifetime license for violation of these Terms, as described in the Termination section. If we permanently discontinue the App or a service, we may end the corresponding lifetime entitlement, and where required by law we will handle any such discontinuation in accordance with applicable consumer-protection rules.

Restrictions

You agree not to:

• Use the App for any illegal purpose
• Attempt to gain unauthorized access to the App or its systems
• Remove or alter any proprietary notices
• Reverse engineer or extract the App's source code
• Create multiple accounts or share account access
• Interfere with other users' access to the App
• Bypass payment systems or subscription requirements
• Access our backend, hosted, or API services by any automated, scripted, programmatic, or bulk means, including running the App in an unattended or batch mode
• Use our transcription, speech-to-text, language model, or voice services other than through normal, interactive use of the App by a human user
• Circumvent, disable, overload, or otherwise interfere with any rate limit, quota, or other usage control we apply to our services
• Resell, redistribute, sublicense, or provide any third party access to our backend, hosted, or API services, whether for a fee or otherwise

Acceptable Use of Backend and API Services

Some features of the App rely on backend services we operate or host on your behalf, including speech-to-text, transcription, language model, and voice services that we may route through our own infrastructure or third-party providers (collectively, the "Backend Services"). The Backend Services are provided solely to support normal, interactive use of the App by a human user.

You may not access the Backend Services through any automated, scripted, programmatic, or bulk method, and you may not use them as a general-purpose transcription, inference, or voice processing service outside of the App. You may not resell, redistribute, sublicense, or otherwise make the Backend Services available to any third party. We may set, change, and enforce limits on access to the Backend Services at any time, and your access to the Backend Services is conditioned on your compliance with these Terms.

Fair Use and Rate Limits

To keep the service available and affordable for everyone, we apply fair-use and rate limits to the Backend Services, which may be enforced on a per-license, per-account, or per-user basis. These limits reflect normal interactive use of the App and may be adjusted over time. We may monitor usage and enforce these limits automatically, including by throttling, temporarily blocking, suspending, or disabling access for usage that exceeds the limits or that we reasonably determine to be automated, abusive, or otherwise inconsistent with these Terms.

Intellectual Property

All intellectual property rights in the App belong to us or our licensors. You may not use our trademarks or other intellectual property without our written permission.

Disclaimer of Warranties

The App is provided "as is" without warranties of any kind. We do not guarantee that the App will be uninterrupted, secure, or error-free.

Limitation of Liability

We are not liable for any indirect, incidental, or consequential damages resulting from your use of the App. Our total liability is limited to the amount you paid for the App. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

Termination

We may suspend, disable, or terminate your access to the App and the Backend Services, and any associated license (including a subscription or a lifetime or other one-time-purchase license), at any time, with or without notice, if you violate these Terms (including the Acceptable Use and Fair Use and Rate Limits sections) or if we reasonably suspect such a violation.

Where a license is terminated for your violation of these Terms, you will not be entitled to a refund of any fees already paid, including for a lifetime or other one-time-purchase license, except to the extent a refund is required by applicable law. Upon termination you must stop using the App and the Backend Services. Certain terms will remain in effect after termination. Nothing in this section limits any non-waivable rights you may have under the consumer-protection laws of your country or region.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any dispute that is not first resolved through good-faith discussion within thirty (30) days of written notice will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to that jurisdiction and venue. Nothing in this section overrides any non-waivable rights you have under the consumer-protection laws of your country or region, including the right to bring a claim in your local courts where that right cannot be waived.

Severability and Waiver

Our failure or delay in exercising any right under these Terms is not a waiver of that right. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and SuperUltra, Inc. regarding your use of the App, and they supersede any prior agreements or understandings. If you have entered into a separate written agreement with us (such as a Master Subscription Agreement), that agreement governs to the extent it conflicts with these Terms.

How We Contact You

We may provide notices to you by email to the address associated with your account or by posting within the App or on superwhisper.com. You are responsible for keeping your contact details current.

Contact

If you have questions about these Terms, please contact us at terms@superwhisper.com