This End User License Agreement (the “EULA”) is a legal agreement between you and MIA DIGITAL LLC (“we”, “us”, “our”) for the Hear2Text apps for iOS and Android and the Hear2Text web application (the “Software”). By installing, opening or using the Software, you agree to this EULA. If you do not agree, do not install or use the Software. The services you reach through the Software are governed by our Terms of Service, and our Privacy Policy explains how we handle personal data.
1. Definitions
- Software: the Hear2Text mobile apps, the web application, and their updates.
- Service: the transcription and related services provided through the Software, as described in the Terms of Service.
- Store: the Apple App Store or Google Play, whichever you obtained the Software from.
2. Licence
2.1. Subject to this EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Software on devices you own or control, for your personal purposes or the internal purposes of your business.
2.2. If you obtained the Software from a Store, you must also follow that Store’s usage rules.
2.3. The Software is licensed, not sold. The licence ends automatically if you breach this EULA.
3. Restrictions
You must not, and must not help anyone else to:
- copy, modify or create derivative works of the Software;
- rent, lease, lend, sell, sublicense or distribute the Software;
- reverse engineer, decompile or disassemble the Software, except where the law expressly allows it despite this restriction;
- get around its security, licence checks, plan limits or usage limits;
- remove any copyright, trade mark or other notice from it;
- access the Service by automated means other than the interfaces we provide;
- use the Software for any unlawful purpose or in breach of the Terms of Service.
4. Subscriptions and in-app purchases
Paid features are sold as automatically renewing Subscriptions, in the apps through your Store account or on our website. Subscriptions bought in the apps are charged, managed and cancelled through your Store account. Renewal, cancellation and refunds are set out in section 4 of the Terms of Service.
5. Updates
We may release updates that fix errors, improve security or change features, and some may be required for the Software to keep working. We do not guarantee that any particular feature, version or device will remain supported.
6. Device permissions
The Software asks for access to your microphone to record, to your files and photos when you import them, and to send you notifications. On iOS it may also ask for permission to track activity for ad measurement. Every permission is optional and can be changed in your device settings; without it, only the feature that needs it stops working. We use what these permissions give us only as described in the Privacy Policy.
7. Open-source and third-party components
The Software includes open-source and third-party components. Their own licences apply to them and take precedence over this EULA where they require it; we will provide the relevant notices on request.
8. Third-party services
The Software works with third-party services such as Sign in with Apple, Google Sign-In, the Stores and payment providers. Their own terms govern your use of them, and we are not responsible for them.
9. Intellectual property
The Software and all rights in it belong to MIA DIGITAL LLC or its licensors. This EULA gives you no rights in the Software other than the licence in section 2. The recordings you make and the transcripts you create remain yours, as set out in the Terms of Service.
10. Privacy
Our Privacy Policy explains what data the Software and the Service process and why. It is to be read together with this EULA.
11. Disclaimer of warranties
The Software is provided “as is” and “as available”. To the extent the law allows, we make no warranties, express or implied, including of merchantability, fitness for a particular purpose, accuracy and non-infringement. Automatically produced transcripts, translations and summaries can contain errors. Your mandatory rights as a consumer are not affected.
12. Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for loss of profits, data or goodwill, and our total liability is limited as set out in section 12 of the Terms of Service. Nothing in this EULA limits liability that cannot be limited by law.
13. Termination
This EULA applies until it is terminated. You can end it at any time by deleting the Software and your account. It ends automatically if you breach it. When it ends, you must stop using the Software and delete it from your devices.
14. Export controls and sanctions
You confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with the export control and sanctions laws that apply to you.
15. Additional terms for the Apple App Store
If you obtained the Software from the Apple App Store:
- This EULA is between you and us only, not Apple. We, not Apple, are solely responsible for the Software and its content.
- Your licence is limited to using the Software on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that it may also be used by other accounts associated with you through Family Sharing or volume purchasing.
- We, not Apple, are solely responsible for maintenance and support of the Software. Apple has no obligation to provide any.
- If the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent they are not disclaimed in this EULA.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the Software or your possession and use of it, including product liability claims, claims that the Software fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
- If a third party claims that the Software or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
- You must comply with any third-party terms that apply when you use the Software, such as your mobile data agreement.
- Apple and its subsidiaries are third-party beneficiaries of this EULA. Once you accept it, Apple has the right, and is deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary.
16. Google Play
If you obtained the Software from Google Play, your purchases are also governed by the Google Play Terms of Service and policies. Google is not responsible for the Software.
17. Governing law and disputes
This EULA is governed by the laws of the Republic of Türkiye. Disputes are resolved as set out in section 18 of the Terms of Service: first by good-faith negotiation, then by the courts and enforcement offices of Istanbul (Anatolian Side), without prejudice to your mandatory protections as a consumer.
18. Changes to this EULA
We may update this EULA. If a change is material, we will tell you in the app or by email before it takes effect. If you continue to use the Software afterwards, the updated EULA applies.
19. General
If any provision of this EULA is found invalid or unenforceable, the rest remains in effect. If we do not enforce a right, we do not waive it. This EULA, together with the Terms of Service and the Privacy Policy, is the entire agreement between you and us about the Software. It is written in English; if a translation differs, the English version prevails unless the law requires otherwise.
20. Contact
For questions, complaints or claims about the Software:
MIA DIGITAL LLC
112 Capitol Trl Ste A7751
Newark, DE 19711
United States
Email: support@heartotext.com