1. Definitions

"Customer" means the company or other legal entity that creates an account, receives an API key, signs an order form, or otherwise uses the Services.
"Authorized Users" means individuals Customer authorizes to access the Services (including Customer's employees, contractors, and agents).
"End Users" means individuals who interact with the Services through Customer's applications (e.g., Customer's users, visitors, employees).
"Customer Applications" means websites or applications owned or controlled by Customer where Customer embeds or integrates the Services.
"Input" means audio, text, prompts, voice commands, vocabulary entries, snippets, and other content submitted to the Services by or on behalf of Customer or End Users.
"Output" means transcriptions, edits, command interpretations, and other results generated by the Services from Input.
"Customer Content" means Input and Output together.
"Usage Data" means operational and telemetry data (e.g., logs, performance metrics, error reports, feature usage, aggregated statistics) generated in connection with the Services, excluding Customer Content except as necessary for support, security, and operation.
"AI Features" means features that use machine learning, speech recognition, or language models to generate Output from Input.
"Order Form" means a mutually executed ordering document or online checkout flow specifying subscription term, fees, and plan details.

2. Acceptance; Authority; Commercial Use

2.1 Authority. If you use the Services on behalf of Customer, you represent you have authority to bind Customer to these Terms.

2.2 Commercial use only. Customer represents and warrants that it is using the Services solely for business/commercial purposes. The Services are not intended for personal, household, or consumer use.

2.3 Eligibility. Customer will not permit anyone under 16 to use the Services.

3. Account; API Keys; Security

3.1 Registration. Customer must provide accurate and current account information and keep it updated.

3.2 Credentials. Customer is responsible for safeguarding usernames, passwords, API keys, and tokens. Customer is responsible for all activity under its credentials, including by Authorized Users and integrations.

3.3 Security responsibilities. Customer is responsible for securing its Customer Applications, including protecting against XSS/CSRF, isolating secrets, setting appropriate Content Security Policy (CSP), and restricting who can configure actions/commands.

3.4 Incident notice. Customer will promptly notify us at contact@speechos.ai of any suspected compromise of credentials or unauthorized use of the Services.

4. License to Use the Services (SDK + Widget + APIs)

4.1 License grant. Subject to these Terms and payment of applicable fees, SpeechOS grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the subscription term to: (a) access and use the Services, and (b) embed and run the SpeechOS widget/SDK solely within Customer Applications for Customer's internal business purposes and/or to provide functionality to End Users.

4.2 Restrictions. Customer will not (and will not allow any third party to):

copy, modify, or create derivative works of the Services except as permitted by law or expressly authorized;
reverse engineer, decompile, or attempt to derive source code, models, system prompts, or underlying components (except where prohibited by law);
use the Services to build, train, improve, or benchmark competing speech-to-text, voice editing, or voice-command products;
scrape, harvest, or extract data from the Services other than via documented interfaces;
circumvent rate limits, quotas, feature gates, or security controls;
remove or obscure required attributions/branding if applicable to Customer's plan;
perform security testing (e.g., penetration tests, vulnerability scanning) against the Services without our prior written consent.

4.3 Documentation. Customer will use the Services in accordance with our documentation and any plan-specific limits.

5. Embedded Voice: Customer Responsibilities (Consent + Notices + Actions)

5.1 Required notices and consents. Customer is solely responsible for providing all legally required notices and obtaining all legally required consents from End Users and any other speakers whose voices may be captured or processed. This includes compliance with all applicable "two-party consent" and eavesdropping/wiretapping laws (including, where applicable, California consent requirements).

5.2 No unlawful recording. Customer will not use the Services to record or transcribe individuals without authorization where consent is required.

5.3 End-user transparency. Customer must ensure End Users receive clear disclosure that voice input/transcription and AI-driven editing/command interpretation are enabled and may be processed by SpeechOS and our subprocessors.

5.4 Command-triggered actions. If Customer enables voice commands or action mapping, Customer is solely responsible for: which actions can be triggered, the safety/appropriateness of those actions, implementing confirmations for destructive or sensitive actions (e.g., submission, deletion, sending messages, purchasing, changing permissions), and maintaining an audit trail where needed for Customer's compliance.

5.5 Regulated data. Unless expressly agreed in a signed Order Form and DPA: Customer will not submit (or allow End Users to submit) regulated health data subject to HIPAA, payment card data subject to PCI DSS, or other highly regulated data types through the Services.

6. Customer Content: Ownership; Processing; Retention

6.1 Ownership. As between Customer and SpeechOS, Customer retains all rights in Input. To the extent permitted by law, Customer owns Output generated for Customer.

6.2 License to process. Customer grants SpeechOS a limited, worldwide, non-exclusive, royalty-free license to process Customer Content solely to: provide the Services and requested features, secure, maintain, and support the Services, prevent fraud/abuse, comply with law, and improve reliability and performance (e.g., debugging, quality measurement).

6.3 Service improvement and model training. We may use Usage Data and de-identified/aggregated information to improve the Services. If we offer plan settings or contractual terms governing whether Customer Content may be used to train or improve models, those will control. Absent an express written agreement allowing training on Customer Content, Customer Content is used only as described in Section 6.2.

6.4 Retention. We retain Customer Content only as long as reasonably necessary to provide the Services, support Customer, comply with legal obligations, resolve disputes, and enforce these Terms. Deletion may be delayed for backup, security, or legal reasons.

6.5 Non-uniqueness. Output may not be unique and may be similar to output generated for others. Customer receives no rights in third-party outputs.

7. AI Features: Disclosures and Limitations

7.1 No accuracy guarantee. Output may contain errors, omissions, misattributions, or misleading results. Customer is responsible for reviewing Output before use.

7.2 High-stakes decisions. Customer will not use AI Features as the sole basis for decisions with legal, medical, employment, housing, credit, insurance, or similarly significant effects without appropriate human review and compliance controls.

7.3 Commands may misinterpret. Voice commands may misunderstand intent due to accents, background audio, or ambiguity. Customer is responsible for designing safe defaults and confirmations.

8. Acceptable Use

Customer will not use (or allow others to use) the Services to:

violate laws or third-party rights;
distribute malware or engage in abusive, harmful, deceptive, or fraudulent behavior;
unlawfully monitor or surveil individuals;
upload, transmit, or process content that is illegal or exploitative;
interfere with, disrupt, or degrade the Services;
impersonate others or misrepresent the origin of content;
resell or provide the Services as a standalone offering or "voice-as-a-service" bureau without SpeechOS's written consent.

We may suspend or terminate access to protect the Services, other customers, End Users, or the public, or to comply with law.

9. Third-Party Services; Subprocessors

9.1 Third-party dependencies. The Services may rely on third-party infrastructure and AI providers (e.g., speech-to-text vendors, LLM providers, hosting, analytics). Customer authorizes SpeechOS to share Customer Content with subprocessors solely as necessary to provide the Services.

9.2 Third-party terms. Third-party services are subject to their own terms, and SpeechOS is not responsible for third-party outages or failures.

9.3 Open source. Some components may be subject to open-source licenses that govern use of those components.

10. Fees; Billing; Taxes

10.1 Fees. Fees are as set forth in an Order Form or the applicable pricing page.

10.2 Usage-based billing. We may bill based on usage (e.g., audio seconds, tokens, words). Our usage measurements are authoritative unless Customer provides compelling evidence of error.

10.3 Payment. Customer authorizes us (and our payment processor) to charge Customer's payment method according to the billing cadence.

10.4 Taxes. Fees are exclusive of taxes. Customer is responsible for all applicable taxes except taxes based on our net income.

10.5 No refunds. All fees are non-refundable except as required by law or expressly stated in an Order Form.

10.6 Late payments. We may suspend Services for nonpayment and charge interest and collection costs as permitted by law.

11. Beta / Preview Features

Beta, preview, or early access features may be unstable and may be modified or discontinued at any time. Beta features are provided "AS IS," without warranties, and should not be used for critical production workflows.

12. Intellectual Property; Feedback; Branding

12.1 SpeechOS IP. SpeechOS retains all rights in the Services, including software, SDKs, APIs, documentation, and trademarks.

12.2 Feedback. If Customer provides suggestions or feedback, Customer grants SpeechOS a perpetual, worldwide, royalty-free right to use and incorporate it without obligation.

12.3 Branding/attribution. If Customer's plan requires attribution, Customer will display it as specified. If Customer's plan includes white-labeling, that will be stated in the Order Form or plan terms.

13. Confidentiality (Mutual)

Each party may receive the other party's non-public information ("Confidential Information"). The receiving party will: use Confidential Information only to perform under these Terms, protect it with reasonable care, and disclose it only to personnel/contractors who need to know and are bound by confidentiality.

Confidential Information excludes information that is publicly known without breach, independently developed, or rightfully obtained from a third party. These obligations survive for 3 years after termination (trade secrets for as long as they remain trade secrets).

14. Suspension; Termination

14.1 By Customer. Customer may stop using the Services and cancel per its plan or Order Form.

14.2 By SpeechOS. We may suspend or terminate access immediately if: Customer breaches these Terms or an Order Form, Customer's use poses a security, legal, or operational risk, Customer fails to pay, or required to comply with law.

14.3 Effect. Upon termination, Customer's license ends and Customer must stop using the SDK/widget and APIs. We may delete Customer Content per our retention practices and legal obligations.

14.4 Survival. Sections on IP, confidentiality, disclaimers, limitation of liability, indemnity, dispute resolution, and miscellaneous survive termination.

15. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SPEECHOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT OUTPUT WILL BE ACCURATE OR COMPLETE.

16. Limitation of Liability

16.1 No indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEECHOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

16.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEECHOS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID (OR PAYABLE) BY CUSTOMER TO SPEECHOS FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

16.3 Essential purpose. These limitations are fundamental to the bargain between the parties.

17. Indemnification

Customer will defend, indemnify, and hold harmless SpeechOS and its officers, directors, employees, and agents from and against third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: Customer Applications, integrations, or configuration of voice commands/actions; Customer Content (including Input/Output) and Customer's or End Users' use of the Services; Customer's failure to provide legally required notices or obtain legally required consents for audio capture/processing; Customer's violation of law or third-party rights; or Customer's breach of these Terms.

18. Dispute Resolution; Arbitration; Class Action Waiver (B2B)

18.1 Informal resolution. Before filing any claim, Customer agrees to contact us at contact@speechos.ai and attempt to resolve the dispute for 60 days.

18.2 Arbitration. Except for claims eligible for small claims court or requests for injunctive relief for IP misuse or security violations, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by AAA under its Commercial Arbitration Rules.

18.3 Venue; seat. The arbitration will be seated in San Francisco, California, unless the parties agree otherwise.

18.4 No class actions. Customer and SpeechOS agree disputes will be brought only in an individual capacity, not as a class, collective, or representative action.

18.5 Injunctive relief. Either party may seek injunctive or equitable relief in court for unauthorized use, security violations, or infringement/misappropriation of intellectual property.

19. Governing Law

These Terms are governed by the laws of the State of California, excluding conflict-of-law rules.

20. Changes to the Services or Terms

We may update the Services and these Terms from time to time. If changes materially reduce Customer's rights, we will provide reasonable notice (e.g., email or in-product). Continued use after the update takes effect constitutes acceptance.

21. Export Controls; Sanctions

Customer will comply with applicable export control and sanctions laws and represents it is not located in, controlled by, or acting on behalf of a sanctioned jurisdiction or restricted party.

22. Miscellaneous

Assignment. Customer may not assign these Terms without our written consent. We may assign to an affiliate or successor.
Force majeure. Neither party is liable for failures due to events beyond reasonable control.
Severability. If any provision is unenforceable, the remainder remains effective.
Entire agreement. These Terms, plus any Order Form and referenced policies (e.g., Privacy Policy, DPA if applicable), are the entire agreement about the Services.

Contact. Vibrato Labs, Inc., 2261 Market Street, STE 10415, San Francisco, CA 94114, contact@speechos.ai.

Terms of Service