End User License Agreement

This End User License Agreement ("Agreement" or "EULA") is a legally binding contract between you ("User," "you," or "your") and Bogdan-Alexandru Raducu ("Developer," "Licensor," "we," "us," or "our") governing your use of VoicePad software ("Software").

1. License Grant

1.1 Scope of License

Subject to the terms of this Agreement and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use one (1) copy of the Software on up to three (3) devices owned or controlled by you
• Use the Software for personal or commercial purposes in accordance with this Agreement
• Make one (1) backup copy of the Software for archival purposes

1.2 License Type

Your license is a subscription license valid for the subscription period purchased (typically one year). Continued use requires subscription renewal.

1.3 Activation

The Software requires online activation to verify your license. After initial activation, the Software operates offline. Activation links the Software to your device(s) via a machine identifier.

2. Restrictions

You may NOT:

• Copy, modify, adapt, translate, or create derivative works of the Software
• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Remove, alter, or obscure any proprietary notices, labels, or marks
• Rent, lease, lend, sell, sublicense, or transfer the Software or license
• Use the Software to develop competing products
• Circumvent, disable, or interfere with security features or license enforcement
• Use the Software in violation of applicable laws or regulations
• Share your license key with others or exceed device activation limits

3. Intellectual Property

3.1 Ownership

The Software, including all code, graphics, user interfaces, and documentation, is owned by the Developer and is protected by copyright, trademark, and other intellectual property laws. This Agreement does not transfer any ownership rights.

3.2 Third-Party Components

The Software incorporates OpenAI Whisper, licensed under the MIT License. Additional third-party components are listed in the Software's "About" section, each subject to their respective licenses.

3.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Software, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

4. Privacy and Data

Your use of the Software is also governed by our Privacy Policy, available at https://hoermal.app/voicepad/privacy. By using the Software, you consent to the data practices described therein.

5. Subscription and Payment

5.1 Subscription Terms

• Subscription fees are billed annually in advance
• Subscriptions automatically renew unless cancelled before the renewal date
• Prices are subject to change with 30 days' notice before renewal

5.2 Payment Processing

Payments are processed by Lemon Squeezy as Merchant of Record. Payment terms are governed by Lemon Squeezy's terms of service.

5.3 Refunds

Refund requests within 14 days of initial purchase may be considered on a case-by-case basis. Contact contact@hoermal.app for refund inquiries.

5.4 Taxes

Prices may be exclusive of applicable taxes. You are responsible for all taxes associated with your purchase, except where Lemon Squeezy collects and remits taxes on our behalf.

6. Updates and Support

6.1 Updates

We may provide updates, patches, or new versions of the Software at our discretion. Updates are subject to this Agreement unless accompanied by a new agreement.

6.2 Support

Support is provided via email at contact@hoermal.app. We aim to respond within 48 business hours. Support includes assistance with installation, activation, and general usage questions.

6.3 Discontinuation

We reserve the right to discontinue the Software or any features with 90 days' notice. In such case, subscription fees for unused periods will be prorated and refunded.

7. Disclaimer of Warranties

7.1 No Guarantee of Results

WE DO NOT WARRANT THAT:

• The Software will meet your specific requirements
• The Software will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Software will be accurate or reliable
• Any errors in the Software will be corrected

7.2 Speech Recognition Accuracy

7.3 Consumer Rights

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you to the extent prohibited by applicable law. You may have additional rights under consumer protection laws.

8. Limitation of Liability

8.1 Liability Cap

8.2 Essential Purpose

The limitations in this section shall apply even if any limited remedy fails of its essential purpose.

8.3 Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Developer from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Software in violation of this Agreement
• Your violation of any third-party rights
• Your violation of applicable laws or regulations
• Content you create, transmit, or store using the Software

10. Term and Termination

10.1 Term

This Agreement is effective until terminated.

10.2 Termination by You

You may terminate this Agreement at any time by uninstalling the Software and destroying all copies.

10.3 Termination by Us

We may terminate this Agreement immediately if you breach any provision. Upon termination:

• All license rights granted cease immediately
• You must uninstall the Software and destroy all copies
• Sections 3, 7, 8, 9, 11, and 12 survive termination

10.4 Effect of Subscription Expiration

Upon subscription expiration without renewal, your license to use the Software terminates. A grace period of 30 days is provided for renewal, during which limited functionality may remain available.

11. Governing Law and Dispute Resolution

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles.

11.2 Jurisdiction

Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Filderstadt, Germany, except where mandatory consumer protection laws require otherwise.

11.3 Alternative Dispute Resolution

For consumers in the European Union, the European Commission provides an Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr/

12. General Provisions

12.1 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Developer regarding the Software and supersedes all prior agreements.

12.2 Amendment

We may modify this Agreement by posting the revised version on our website or providing notice within the Software. Continued use after changes take effect constitutes acceptance.

12.3 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.

12.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

12.5 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement freely.

12.6 Language

This Agreement is drafted in English. Translations are provided for convenience only. In case of conflict, the English version prevails.

13. Contact Information

14. Acknowledgment

BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.