Terms of Service

1. Agreement to Terms

By downloading, installing, accessing, or using SoundMindAI ("the Software"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Refund Policy, all of which are incorporated herein by reference. These Terms constitute a legally binding agreement between you and GrowTech Development, LLC, a Florida limited liability company ("Company," "we," "us," or "our").

If you do not agree to these Terms, do not download, install, or use the Software.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Software after any changes constitutes acceptance of the modified Terms.

2. License Grant

2.1 License Terms

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on up to three (3) Mac computers that you own or control
• Use the Software for personal or commercial purposes
• Receive updates to the Software as we make them available

2.2 License Restrictions

You may NOT:

• Copy, modify, distribute, sell, lease, sublicense, or transfer the Software
• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Remove, alter, or obscure any proprietary notices or labels
• Use the Software to violate any applicable law or regulation
• Share your license key with others or allow others to use your license
• Circumvent, disable, or interfere with any license validation or security features
• Use the Software to infringe on intellectual property rights of others
• Use the Software in any manner that could damage, disable, or impair any server, network, or system

2.3 License Activation

Each license key may be activated on a maximum of three (3) Mac computers. Activation requires an internet connection. You may deactivate a license from one computer to transfer it to another. Abuse of the activation system may result in license revocation without refund.

3. Free Trial

We offer a seven (7) day free trial of the Software with full functionality. The trial is machine-based, meaning it is tied to your specific hardware and cannot be reset by reinstalling the Software, creating new user accounts, or other means.

The purpose of the free trial is to allow you to fully evaluate the Software before purchasing. We strongly encourage you to thoroughly test all features during the trial period to ensure the Software meets your needs.

After the trial expires, you must purchase a license to continue using premium features. Basic functionality (local recording and Apple Speech transcription) remains available without a license.

4. Refund Policy

ALL SALES ARE FINAL. NO REFUNDS WILL BE PROVIDED.

Because we provide a comprehensive seven (7) day free trial with full access to all features, you have ample opportunity to evaluate the Software before purchasing. This trial period serves as your evaluation period.

By purchasing a license, you acknowledge that:

• You have had the opportunity to evaluate the Software during the free trial
• The Software meets your requirements and expectations
• You understand and accept that no refunds will be provided for any reason
• You waive any right to chargebacks, disputes, or payment reversals

In the rare event of a technical issue preventing you from using the Software entirely, and where we cannot provide a solution, we may, at our sole discretion, consider a refund request. Such requests must be made within fourteen (14) days of purchase and are subject to our verification of the technical issue.

Initiating a chargeback or payment dispute without first attempting to resolve the issue with us directly may result in immediate license revocation and potential legal action to recover costs and damages.

5. Bring Your Own Keys (BYOK)

5.1 Third-Party Services

SoundMindAI uses a "Bring Your Own Keys" (BYOK) model for AI-powered features including transcription and summarization. This means:

• You must obtain your own API keys from third-party service providers (e.g., OpenAI, Anthropic, Google, AssemblyAI, HuggingFace, OpenRouter)
• You are solely responsible for any costs, fees, or charges incurred from these third-party services
• Your use of third-party services is governed by their respective terms of service and privacy policies
• We have no control over and assume no responsibility for third-party services

5.2 API Key Security

Your API keys are stored locally on your Mac in the secure macOS Keychain. We do not have access to your API keys and cannot retrieve them. You are responsible for:

• Keeping your API keys confidential and secure
• Monitoring your API usage and associated costs
• Reporting any unauthorized use to the respective service providers
• Any charges resulting from compromised or misused API keys

5.3 Third-Party Service Disclaimer

We make no representations or warranties regarding third-party services. The availability, reliability, accuracy, and pricing of third-party services are beyond our control. We are not responsible for:

• Service outages, errors, or changes by third-party providers
• Accuracy of transcriptions or AI-generated content
• Changes to third-party pricing, terms, or API availability
• Data processed by third-party services

6. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy for detailed information about how we handle your data.

Key points:

• All recordings, transcripts, and summaries are stored locally on your Mac
• We do not collect, transmit, or store your personal data on our servers
• When using BYOK features, your data is transmitted directly to third-party providers
• We collect minimal analytics for license validation and crash reporting only

7. Intellectual Property

7.1 Our Rights

The Software, including its code, design, graphics, logos, and documentation, is owned by GrowTech Development, LLC and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

7.2 Your Content

You retain all rights to your recordings, transcripts, summaries, and other content created using the Software. We claim no ownership of your content.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Software, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Software without compensation or attribution.

8. Acceptable Use

You agree to use the Software only for lawful purposes. You must comply with all applicable laws regarding recording consent, including but not limited to:

• Obtaining consent from all parties before recording conversations where required by law
• Complying with wiretapping and eavesdropping laws in your jurisdiction
• Respecting copyright and intellectual property rights of recorded content
• Following workplace recording policies if applicable

You are solely responsible for ensuring your use of the Software complies with all applicable laws in your jurisdiction. Laws regarding recording consent vary significantly by location. Some jurisdictions require all-party consent, while others require only one-party consent. Research and understand the laws that apply to you.

9. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR RESULTS

We do not warrant that the Software will meet your requirements, that transcriptions or summaries will be accurate, or that defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL GROWTECH DEVELOPMENT, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
• DAMAGES RESULTING FROM THIRD-PARTY SERVICES OR CONTENT
• DAMAGES EXCEEDING THE AMOUNT YOU PAID FOR THE SOFTWARE

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless GrowTech Development, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Software
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Your content created using the Software
• Any claim that your use of the Software caused damage to a third party

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at rgrow@growtechinc.com and attempt to resolve the dispute informally for at least thirty (30) days.

12.2 Binding Arbitration

ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE SHALL BE RESOLVED BY BINDING ARBITRATION administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration shall take place in the State of Florida, United States
• The arbitration shall be conducted by a single arbitrator
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• Each party shall bear its own costs; arbitrator fees shall be shared equally

12.3 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 class actions, class arbitrations, or representative actions.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Florida, and waive any objection based on inconvenient forum.

14. International Users

The Software is operated from the United States. If you access the Software from outside the United States:

• You are responsible for compliance with local laws
• You consent to the transfer of your data to the United States
• You acknowledge that certain features may not be available in your region

We make no representation that the Software is appropriate or available for use in any particular location. Those who access or use the Software from other jurisdictions do so at their own risk.

15. Export Compliance

The Software may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export restrictions and not to transfer, export, or re-export the Software to any prohibited destination, entity, or person without proper authorization.

16. Termination

16.1 Termination by You

You may terminate this agreement at any time by uninstalling the Software and destroying all copies in your possession.

16.2 Termination by Us

We may terminate or suspend your license immediately, without prior notice, if you:

• Violate any provision of these Terms
• Engage in fraudulent or illegal activity
• Abuse the license activation system
• Initiate a chargeback or payment dispute

16.3 Effect of Termination

Upon termination, your license to use the Software is immediately revoked. Sections regarding intellectual property, limitation of liability, indemnification, dispute resolution, and governing law shall survive termination.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and GrowTech Development, LLC regarding the Software and supersede all prior agreements.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, or acts of governmental authorities.

17.6 Notices

We may provide notices to you via email, in-app notifications, or by posting on our website. You may contact us at rgrow@growtechinc.com.

18. Contact Information

For questions about these Terms, please contact:

GrowTech Development, LLC
Email: rgrow@growtechinc.com
Website: soundmindai.net