Terms of Service for TooLongDidListen

Effective Date: 21.04.2025

Welcome to TooLongDidListen (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the App.

1. Introduction & Acceptance

These Terms constitute a legally binding agreement between you (the user) and the App developer (“we,” “us,” or “our”). You must be at least 18 years old or have explicit parental/guardian consent to use the App.

2. App Description & Intended Use

TooLongDidListen is an AI-powered app for audio recording, transcription, and analysis. It offers iCloud synchronization, AI-driven features (via AssemblyAI and OpenAI), and subscription management (via RevenueCat). The App is intended for personal, non-commercial use only.

3. License Grant & Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for its intended purpose. You may not:

Reverse engineer, decompile, or disassemble the App.
Modify, copy, or create derivative works based on the App.
Circumvent subscription/payment mechanisms.
Use the App for unlawful, unethical, or unauthorized purposes.
Share access credentials or allow third-party access.
Use the App to process or distribute illegal, sensitive, or prohibited content.

4. User Responsibilities

You are solely responsible for the legality and accuracy of all content you process with the App.
You must obtain explicit consent from all individuals before recording audio.
You must not use the App to violate any laws, including privacy, copyright, or data protection laws.
You are responsible for maintaining backups of your data.
The App provides a persistent visual indicator when recording is active to assist with transparency.

5. No Professional Advice

The App and its outputs are for informational purposes only and do not constitute legal, financial, medical, or other professional advice. You must independently verify all information and seek professional advice where appropriate.

6. AI/LLM Disclaimer

The App uses artificial intelligence (AI) and large language models (LLM) for transcription and analysis. We explicitly disclaim liability for:

Inaccuracies, errors, or omissions in AI-generated content.
Decisions or actions taken based on AI outputs.
Any consequences arising from reliance on AI/LLM results.

7. Privacy & Data Security

Audio recordings and transcripts are stored on your device and/or your personal iCloud account. We do not have access to your content.
When using AI features, audio/text may be sent to third-party providers (AssemblyAI, OpenAI) for processing. Only the necessary data is transmitted.
Subscription data is managed via RevenueCat. We receive only anonymized identifiers for subscription management.
We do not collect or store personally identifiable information.
You may opt-in to share anonymized usage statistics. All analytics data is fully anonymized and aggregated.
For full details, see our Privacy Policy.

8. Third-Party Services

The App integrates with third-party services (Apple/iCloud, AssemblyAI, OpenAI, RevenueCat). Use of these services is subject to their own terms and privacy policies. We are not responsible for their availability, accuracy, or data handling.

9. Payments, Subscriptions, Refunds

The App uses a freemium model: basic features are free; premium features require a paid subscription via Apple’s App Store.
All payments are processed by Apple. We do not handle payment data.
Subscriptions renew automatically unless canceled at least 24 hours before renewal.
All purchases are final and non-refundable except as required by law. Refunds must be requested through Apple.
We reserve the right to change the scope of free/premium features with at least 30 days’ notice.

10. Limitation of Liability & Warranty Disclaimer

The App is provided “as is” and “as available” without warranties of any kind, express or implied.
To the fullest extent permitted by law, we disclaim all liability for indirect, incidental, special, consequential, or punitive damages.
Our liability is limited to the amount paid by you in the preceding 12 months (or $50, whichever is less), except where prohibited by law.
This limitation does not apply in cases of intent, gross negligence, or injury to life, limb, or health.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, or expenses (including legal fees) arising from your violation of these Terms or misuse of the App.

12. Termination

We reserve the right to terminate or suspend your access to the App at any time, with or without cause or notice, including for violations of these Terms.

13. Changes to Terms

We may update these Terms from time to time. Changes will be communicated at least 30 days before taking effect. Continued use of the App after changes constitutes acceptance.

14. Governing Law & Dispute Resolution

For users in the EU: These Terms are governed by German law. Mandatory consumer protection laws of your country of residence apply.
For users in the US: Governed by the laws of New York, USA.
For users elsewhere: Governed by the laws of your country of residence.
Disputes will first be resolved by informal negotiation and, if unresolved, by mediation before legal action.

15. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect. Invalid provisions will be replaced by valid ones closest to the original intent.

16. Contact Information

For questions or to exercise your rights, contact:

Manuel Fessen
Ungelsheimer Weg 7
40472 Düsseldorf
Email: litze.pasten.0i@icloud.com

17. Region-Specific Privacy Notices

California (CCPA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA), including the right to know, delete, and opt out of the sale of your personal information. We do not sell your personal information. For more information or to exercise your rights, please contact us at the email provided in Section 16.

Brazil (LGPD)

If you are located in Brazil, you have rights under the Lei Geral de Proteção de Dados (LGPD), including access, correction, deletion, and data portability. To exercise these rights, contact us at the email provided in Section 16.

China (PIPL)

If you are located in China, you have rights under the Personal Information Protection Law (PIPL). We process your data in accordance with applicable Chinese law. For questions or to exercise your rights, contact us at the email provided in Section 16.

18. Children’s Privacy (COPPA)

The App is not intended for children under 16. If you are under 16, you may only use the App with explicit parental or guardian consent. We do not knowingly collect personal data from children under 13. If we become aware that we have collected such data, we will delete it promptly.

19. Mandatory Arbitration & Class Action Waiver (US Users)

For users in the United States: Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration under the rules of the American Arbitration Association. You and we waive any right to participate in class actions or class-wide arbitration. This section does not apply where prohibited by law.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, natural disasters, government orders, telecommunications failures, or other force majeure events.

21. Feedback and User Content License

If you submit feedback, suggestions, or other content to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content for any purpose related to the App. You represent that you have all necessary rights to grant this license.

22. Accessibility

We strive to make the App accessible to all users, including those with disabilities. If you have difficulty accessing any part of the App, please contact us at the email provided in Section 16 so we can assist you.

23. Export Controls

You agree to comply with all applicable export and re-export control laws and regulations. You may not use, export, or re-export the App or any part thereof in violation of any applicable laws or regulations, including those of the United States, the European Union, or your local jurisdiction.

24. Reservation of Rights & No Waiver

All rights not expressly granted herein are reserved by us. No failure or delay by us in exercising any right or remedy shall constitute a waiver of such right or remedy. Any waiver must be in writing and signed by us.

25. Survival

Any provisions of these Terms that by their nature should survive termination (including but not limited to disclaimers, limitations of liability, indemnification, intellectual property, governing law, and dispute resolution) shall so survive.

26. Notice Requirements

We may provide notices to you by email, in-app notifications, or by posting updates within the App. It is your responsibility to keep your contact information up to date and to review notices promptly.

27. Language and Discrepancy

These Terms may be available in multiple languages. In the event of any discrepancy between the English version and any translation, the English version shall prevail unless otherwise required by law.

By using the App, you acknowledge that you have read, understood, and agree to these Terms.

TooLongDidListen – Terms of Service