Terms of Service

These terms are an agreement between you and Digisensus.com ("Digisensus", "we"). They cover the Digisensus online services that the Digisensus Recorder app can use: transcription, summaries, the account and the credit that pays for them (together, "the Service"). You accept them when you tick the box in the app and confirm your email address. Please read sections 3, 5 and 12 carefully: they explain your responsibility for recordings, the use of free-tier data to improve our models, and the limits of our liability.

1. The app and the Service are separate

1.1. Digisensus Recorder ("the App") is open-source software, licensed under the GNU General Public License version 3 (GPL-3.0). Your use of the App itself is governed by that licence, not by these terms. As the licence says, the App is provided without any warranty, to the extent permitted by law.

1.2. The App works without the Service. You can use it with transcription and summary models on your own Mac, on your own servers, or from any other provider. The Service is one optional choice. These terms apply only when you use it.

1.3. We do not record anything. The App records on your Mac, under your control, including when you set it to start recording automatically. Recordings stay on your Mac unless you choose to send them to a provider, such as the Service. We never have access to recordings you do not send to the Service.

1.4. We are not responsible for other providers you connect the App to, or for how they handle your data. Their own terms apply.

2. Your account

2.1. You must be at least 18 years old, or of legal age where you live if that is higher, to use the Service.

2.2. If you use the Service on behalf of a company or another organisation, you confirm that you are allowed to accept these terms for it. "You" then also means that organisation.

2.3. You sign in with an email address you control. Each device gets its own access token. Keep your devices secure, and sign out of any device you no longer use. You are responsible for what is done with your account. Tell us at once at [email protected] if you think someone else is using it.

2.4. Each person may have one account. You can delete your account in the App's settings at any time.

3. Recordings and your responsibility

3.1. You decide what to record, when, and what to send to the Service. You are solely responsible for doing so lawfully. In particular, you are responsible for:

• having a lawful basis to record each conversation and to have it processed by the Service, under the law of every place where you and the other participants are;
• telling the other participants that the conversation is recorded and processed by service providers, and, where the law requires it, getting their consent before recording. Some countries and US states require every participant's consent;
• following the rules that apply to you as an employer, a professional bound by confidentiality, or an organisation in a regulated sector;
• respecting a participant's objection to recording, and not sending recordings you are not allowed to share.

3.2. For recordings you send to the Service to be transcribed or summarised, you (or the organisation you act for) are the controller of the personal data in them, and we process that data on your behalf, as your processor. The Data Processing Terms below apply to this processing. Section 5 describes the one exception, the use of free-tier data to improve our models, for which we are the controller.

3.3. You keep all rights in your recordings and in the transcripts and summaries the Service returns to you ("your content"). You give us the rights we need to provide the Service to you, and, for requests paid with free credit, the rights described in section 5.

3.4. We do not choose, review or control your content, and we are not responsible for what it says, how it was collected, or whether you were allowed to record or share it. We have no general obligation to monitor it.

3.5. If a participant, an authority or anyone else makes a claim against us because of a recording you sent, or because you broke these terms or the law, you will compensate us for the resulting losses and reasonable costs, including legal costs. If you are a consumer, this applies only to the extent that you are at fault and the law allows it.

4. Credit

4.1. The Service is paid for with Digisensus credit ("D"). D is not money. Current prices are shown in the App.

4.2. Every account gets a free daily allowance. It resets each day at midnight Europe/Vilnius time, and unused free credit does not carry over. If one request costs more than you have left, the difference is taken from the next day's allowance. Credit earned in the referral program is treated like free credit.

4.3. Purchased credit, when we offer it, will be sold on separate terms.

4.4. We may change the free allowance, the prices, or end the free tier, with notice in the App. A change applies only to requests made after it.

5. Improving speech recognition with your own speech

5.1. When you sign in, after you accept these terms and confirm your email address, the App shows the setting "Help improve Digisensus speech recognition". It is on unless you turn it off, and you can turn it off at any time in the App's settings.

5.2. While the setting is on, for transcription requests paid entirely or partly with free credit (including referral credit), we may keep the speech recorded by your microphone and its transcript, with the model used, the time and the length ("training data"), and use it to develop, train, test and improve Digisensus speech recognition models. We may do so, but we are not obliged to: we may keep only some requests, or none.

5.3. We use only the speech recorded by your microphone. We do not use the audio of the other participants in your conversations for training. Summaries, and the instructions you send for them, are not training data. Requests paid entirely with purchased credit are never used.

5.4. Training data is handled in two stages:

• Raw data is kept for at most 30 days from the request, only to pseudonymise it, and then deleted.
• Pseudonymised data has names, numbers, addresses and other identifying details removed or masked. It is linked only to a random ID, and the key that links that ID to your account is kept separately, so that we can still delete it when you ask. It is kept for at most 12 months from the request. We train models only on pseudonymised data.

5.5. A speech recognition model learns to turn speech into text. It does not store your recordings, does not create a profile of your voice, and is not used to recognise who is speaking. We never use training data for advertising or to make decisions about you. We may make trained models available to others, including as open-source models, but we never publish, sell or share the training data itself, except with service providers that process it for us under our instructions. People working for us, bound by confidentiality, may listen to and read training data to pseudonymise it and to correct transcripts.

5.6. When you turn the setting off, none of your later requests is kept. When you ask at [email protected], from your account's email address, we also delete the training data we hold for your account. Turning the setting off does not affect your free credit. A model that has already been trained cannot be "untrained", but deleted data is not used again.

6. Messages from us

6.1. We send you service messages by email and in the App: sign-in links, security notices, changes to these terms, prices and the Service, and answers to your requests. These are part of the Service, and you cannot opt out of them while you have an account.

6.2. The App shows messages from us about the App and the Service, such as new features and releases, to every copy of the App. You can turn their notifications off in macOS settings.

6.3. We send product news and offers by email only if you agreed to receive them, or as the law otherwise allows for existing customers. Every such email has a link to stop them, and you can also stop them at [email protected].

7. Acceptable use

7.1. Do not abuse the Service. That includes: automated bulk use outside the App; attempts to get around credit limits or to create extra accounts; sharing access tokens; sending content you are not allowed to process; unlawful, secretly or unlawfully recorded content; content that sexually exploits children; and attempts to disrupt, probe or reverse the Service's servers.

7.2. We may refuse a request, suspend an account, or remove credit obtained through abuse, if we reasonably believe the account breaks these terms or the law. Where we can, we will tell you why.

8. Transcripts and summaries are automatic

8.1. Transcripts and summaries are produced by AI models. They can be wrong, incomplete, or attribute words to the wrong speaker. They are not legal, medical, financial or other professional advice. Check anything important against the recording before you rely on it.

8.2. You are responsible for how you use the output, including anything you share or decide based on it.

9. Availability and changes to the Service

9.1. We provide the Service as it is and as available. We try to keep it running, but we do not promise that it will be uninterrupted, error-free, or available in any particular form. We may change models, features or limits, or end the Service, with reasonable notice where possible.

9.2. The Service does not keep your recordings, transcripts or summaries for you (apart from training data, section 5). Keep your own copies: the App stores them on your Mac.

10. Ending

10.1. You can stop using the Service and delete your account at any time.

10.2. We may suspend or close an account that breaks these terms, or close the Service, with notice where the law requires it. Free and referral credit has no cash value and is not refunded when an account closes.

11. Warranty

To the extent permitted by law, we give no guarantees about the Service beyond those in these terms. If you are a consumer, you keep the rights that the law of your country gives you and that cannot be excluded by contract.

12. Liability

12.1. Nothing in these terms limits liability that cannot be limited by law, including liability for damage caused intentionally or by gross negligence, for death or personal injury, or under mandatory consumer protection law.

12.2. Subject to 12.1, we are not liable for:

• the content of recordings, transcripts and summaries, how recordings were made, and whether you were allowed to make or send them;
• errors in transcripts and summaries, and decisions made based on them;
• the App, which is licensed under GPL-3.0 without warranty, and any other provider you use with it;
• losses caused by your breach of these terms or the law, or by someone using your account or devices;
• indirect or consequential losses, lost profit, revenue, business or data.

12.3. Subject to 12.1, if you use the Service for your business, our total liability for all claims arising from the Service in any 12 months is limited to the greater of the amount you paid us in those 12 months and 100 euros. If you are a consumer, we are liable only for foreseeable damage that we caused by breaching these terms.

13. Changes to these terms

13.1. We may change these terms. We publish every version at /tos, with earlier versions still readable, and tell you about important changes in the App or by email before they apply. The App asks you to accept a new version when you next sign in, and some features may ask you to accept it before you continue.

13.2. A change to section 5 never applies to data collected before it.

14. Law and disputes

14.1. These terms are governed by the law of the Republic of Lithuania. If you are a consumer living in another country, you also keep the protection of its mandatory law.

14.2. Disputes with businesses are decided by the courts of Vilnius, Lithuania. Consumers may also go to the courts where they live, or to the State Consumer Rights Protection Authority of Lithuania (vvtat.lrv.lt).

14.3. If part of these terms is invalid, the rest still applies.

Data Processing Terms

These terms apply when we process personal data in your content on your behalf to transcribe or summarise it (section 3.2), and form a data processing agreement under Article 28 of the GDPR.

1. Subject and duration. We process the recordings, instructions and outputs you send, only to return the transcript or summary to you, for as long as the request lasts. Apart from training data (section 5), we do not keep them after the request.
2. Data and people. Voice recordings and their content, which can contain any category of personal data, about you and the participants in your conversations.
3. Instructions. We process the data only on your documented instructions, which are these terms and your requests, unless EU or Member State law requires otherwise, in which case we tell you first unless that law forbids it.
4. Confidentiality. Everyone we authorise to process the data is bound by confidentiality.
5. Security. We protect the data with appropriate technical and organisational measures, including encryption in transit, access control, and servers in the European Union.
6. Sub-processors. You give general authorisation to the sub-processors listed in the Privacy Policy. We tell you about new ones in advance through the Privacy Policy and the App, and you may object; if you do, you can stop using the Service. We impose the same data protection obligations on them.
7. Assistance. We help you, as far as we reasonably can, to answer requests from data subjects and to meet your obligations on security, breach notification and impact assessments.
8. Breaches. We tell you without undue delay after we become aware of a personal data breach that affects your data.
9. Deletion. After a request is completed, we delete its content, apart from training data under section 5.
10. Audits. We make available the information needed to show compliance with these terms and allow reasonable audits, at your cost and with reasonable notice.
11. Transfers. We process your content on servers in the European Union. On its way to them it passes through the network of Cloudflare, which may route it outside the European Economic Area; that transfer is covered by the EU-US Data Privacy Framework and standard contractual clauses.

Contact: [email protected]