Terms

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Live Transcribe is licensed to You (End-User) by Mighty Fine Apps LLC, located at 3 Captain Dr, Suite D309, Emeryville, California 94608, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading, installing or purchasing the Application, or any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The Application may be obtained through a third-party app store or purchased directly from Licensor through its website. Where You obtain the Application through a third-party app store, the terms of that store also apply to Your use of the Application, and the additional terms in Section 12 apply.

All rights not expressly granted to You are reserved.

1. The Application

Live Transcribe (hereinafter: Application) is a piece of software created to facilitate communication between deaf and hard of hearing persons and hearing persons, customized for Apple mobile devices. It is used to transcribe speech to text in real time.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Scope of License

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on devices that You (End-User) own or control, as permitted by this License Agreement and by the usage rules of the platform through which You obtained the Application (including any family sharing or volume purchase arrangements that platform offers).

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (except to the degree allowed by the terms of the platform through which You obtained the Application, and with Mighty Fine Apps LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Mighty Fine Apps LLC’s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. Technical Requirements

3.1 The Application requires iOS 13.0 or later. Licensor recommends using the latest version of the operating system.

3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the operating system and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance and Support

Licensor is solely responsible for providing any maintenance and support services for the Application. You can reach Licensor using the contact details in Section 10.

5. Use of Data

You acknowledge that Licensor will be able to access and adjust Your downloaded Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy.

6. Liability

6.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the Application.

7. Warranty & Refunds

7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Mighty Fine Apps LLC’s sphere of influence that affect the executability of the Application.

7.3 You are required to inspect the Application immediately after installing it and notify Mighty Fine Apps LLC about issues discovered without delay by e-mail provided in Section 10. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 30 days after discovery.

7.4 If we confirm that the Application is defective, Mighty Fine Apps LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

7.5 Refunds are handled by the party that processed Your purchase.

You may cancel a subscription at any time; it will remain active until the end of the period already paid for, and we do not provide pro-rated refunds for the unused portion of a subscription period except where required by law. Nothing in this section limits any rights You have under applicable consumer protection law.

7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

8. Product Claims

Mighty Fine Apps LLC is responsible for addressing any claims of the End-User or any third party relating to the Application or the End-User’s possession and/or use of the Application, including, but not limited to:

  1. product liability claims;
  2. any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection, privacy, or similar legislation.

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

10. Contact Information

For general inquiries, complaints, questions or claims concerning the Application, please email support@mightyfine.app or write to us at: Mighty Fine Apps LLC, 3 Captain Dr, Suite D309, Emeryville, CA 94608, United States.

11. Termination

The license is valid until terminated by Mighty Fine Apps LLC or by You. Your rights under this license will terminate automatically and without notice from Mighty Fine Apps LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

12. Additional Terms for App Store Purchases

The following terms apply only where You obtained the Application through the Apple App Store.

12.1 The parties acknowledge that Apple is not a party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Mighty Fine Apps LLC, not Apple, is solely responsible for the Application and the content thereof, and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

12.2 This License Agreement does not provide for usage rules that conflict with the latest App Store Terms of Service, which also govern Your use of the Application.

12.3 In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price of the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

12.4 Mighty Fine Apps LLC, and not Apple, is responsible for addressing any claims described in Section 8 and any intellectual property claims described in Section 13.

12.5 Apple and Apple’s subsidiaries are third-party beneficiaries of this License Agreement and, upon Your acceptance of its terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against You as a third-party beneficiary thereof.

13. Intellectual Property Rights

In the event of any third-party claim that the Application or the End-User’s possession and use of the Application infringes on the third party’s intellectual property rights, Mighty Fine Apps LLC will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

14. Applicable Law

This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.

15. Miscellaneous

15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.