Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BatchData LLC ("Company," "we," "us," or "our") governing your use of the VoNote mobile application ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms apply only to users within the United States. Use of the Service outside the United States is prohibited.

By using the Service, you acknowledge that: (i) the Service creates biometric voice identifiers for all individuals in your recordings; (ii) you are solely responsible for legal compliance; (iii) you assume all risks related to recording and biometric data collection; and (iv) you agree to indemnify BatchData LLC for any violations.

2. Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that:

• You are at least 13 years old (users under 18 require parental consent)
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under applicable law
• You will use the Service only for lawful purposes

3. Account Responsibilities

When you create an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use

You acknowledge that you are solely responsible for any losses resulting from unauthorized use of your account.

4. Recording and Biometric Data

4.1 Your Legal Obligations

By using the Service's recording features, you acknowledge and agree that:

• You are solely and exclusively responsible for complying with all applicable recording laws
• You must obtain all necessary consents before recording any individual
• You understand that the Service automatically creates biometric voice identifiers for every person in your recordings
• You are the data controller for all biometric data of third parties in your recordings
• BatchData LLC acts merely as a data processor following your instructions
• You direct BatchData LLC to process biometric data when you upload recordings
• You accept sole financial responsibility for any penalties or damages
• You must inform all recorded parties about biometric data processing

Important: BatchData LLC is not responsible for your compliance with any laws. You bear all risks and liabilities associated with recording and biometric data collection.

4.2 Assumption of Risk

You acknowledge and agree that:

• Recording individuals without consent may violate state and federal laws
• Biometric data collection is regulated in multiple jurisdictions
• Violations may result in criminal prosecution and civil liability
• Statutory damages under laws like BIPA can range from $1,000 to $5,000 per violation
• You voluntarily assume all risks and liabilities associated with your recording activities
• You waive any claims against BatchData LLC arising from biometric data processing
• You release BatchData LLC from all liability related to your collection of biometric data
• This assumption of risk is a material inducement for BatchData LLC to provide the Service

4.3 No Legal Advice

BatchData LLC does not provide legal advice. We make no representations regarding the legality of recording in any jurisdiction. You are responsible for determining and complying with applicable laws.

5. Acceptable Use

You agree not to use the Service to:

• Violate any laws or regulations
• Record individuals without required consent
• Infringe any third party's rights
• Transmit harmful or malicious code
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access
• Use the Service for commercial purposes without authorization
• Create derivative works based on the Service

6. AI Services Disclaimer

The Service uses artificial intelligence for transcription, speaker identification, and other features. You acknowledge that:

• AI-generated content may contain errors or inaccuracies
• Transcriptions may be incomplete or incorrect
• Speaker identification may be inaccurate
• You are responsible for reviewing and verifying all AI-generated content
• BatchData LLC makes no warranties regarding AI accuracy

7. Intellectual Property

7.1 Our Rights

The Service, including all content, features, and functionality, is owned by BatchData LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of content you create using the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely to provide the Service to you.

7.3 Feedback

Any feedback you provide becomes our property and may be used without compensation or attribution to you.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

9. Payment Terms

Certain features require a paid subscription. By purchasing a subscription:

• You authorize us to charge your payment method
• You understand subscriptions auto-renew unless cancelled
• All payments are processed through Apple App Store
• Refunds are subject to Apple's policies
• We may change prices with 30 days' notice

10. Disclaimers

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

We do not warrant that the Service will be uninterrupted, secure, or error-free. You use the Service at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATCHDATA LLC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Any direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of the Service
• Damages resulting from any third-party content or conduct
• Any losses arising from your violation of recording or biometric laws
• Claims by third parties whose voices appear in your recordings

11.1 Biometric Data Liability

BatchData LLC specifically disclaims all liability for:

• Any damages arising from the collection or processing of biometric voice data
• Claims by individuals whose biometric data appears in your recordings
• Statutory damages under BIPA, CUBI, or any other biometric privacy law
• Your failure to obtain required consents or provide required notices
• Any violation of privacy or recording laws

You acknowledge that BatchData LLC has made no representations about the legality of biometric data collection in any jurisdiction.

11.2 Essential Terms

These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages. You acknowledge that these limitations are an essential element of the agreement between us and that we would not provide the Service without these limitations.

12. Indemnification

You agree to defend, indemnify, and hold harmless BatchData LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any claim relating to your recording activities
• Any claim relating to biometric data in your recordings
• Your user content

12.1 Biometric Data Indemnification

You specifically agree to defend, indemnify, and hold harmless BatchData LLC from any and all claims, damages, penalties, and expenses arising from:

• Claims under any biometric privacy law including BIPA, CUBI, or similar statutes
• Claims by any person whose voice was processed into biometric data
• Your failure to obtain required consents for biometric data collection
• All statutory damages and penalties related to biometric data
• Any violation of recording or privacy laws in any jurisdiction

This indemnification obligation survives termination of these Terms and your use of the Service and is a material condition of your use of the Service.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and content
• Provisions that should survive termination will remain in effect

You may terminate your account at any time through the app settings.

13.1 Survival

The following sections survive termination: Sections 4 (Recording and Biometric Data), 6 (AI Services Disclaimer), 7 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), 15 (General Provisions), and 18 (Acknowledgment of Understanding).

14. Dispute Resolution

14.1 Arbitration Agreement

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration conducted by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in San Francisco, California.

14.2 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action.

14.3 Jury Trial Waiver

YOU AND BATCHDATA LLC HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

14.4 Exceptions

Either party may seek injunctive relief in court to prevent irreparable harm. You may also bring claims in small claims court if your claims qualify.

14.5 Time Limitation

You must bring any claim related to these Terms or the Service within one (1) year after the claim arises. Claims brought after this time period are permanently barred.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of California, without regard to its conflict of law provisions.

15.2 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and BatchData LLC regarding the Service.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights to any successor in interest.

15.5 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Only the parties to these Terms may enforce them.

16. Modifications

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service. Your continued use after changes constitutes acceptance of the new Terms.

17. Contact Information

18. Acknowledgment of Understanding

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. You specifically acknowledge that:

• You understand the Service creates permanent biometric identifiers for all voices in recordings
• You accept sole responsibility for all legal compliance
• You will obtain all required consents before recording
• You assume all risks of biometric data collection
• You waive claims against BatchData LLC for biometric data processing
• You will indemnify BatchData LLC for any claims or violations
• These acknowledgments are material inducements for us to provide the Service