Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PeekoType ("Company," "we," "us," or "our") governing your access to and use of the PeekoType software application and related services (collectively, the "Service").

By purchasing, downloading, installing, or using PeekoType, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Description of Service

PeekoType is a desktop speech-to-text application that converts spoken words into written text using OpenAI's Whisper technology. The Service includes:

• The PeekoType desktop application for Windows
• Software updates and improvements
• Customer support via email
• Access to documentation and resources

All speech recognition processing occurs locally on your device. No audio data is transmitted to our servers or any third-party servers.

3. Licence Grant

3.1 Licence

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to:

• Download and install PeekoType on devices you own or control
• Use PeekoType for personal or commercial purposes
• Receive software updates during the licence period

3.2 Licence Restrictions

You agree NOT to:

• Copy, modify, or distribute the software except as expressly permitted
• Reverse engineer, decompile, or disassemble the software
• Remove or alter any proprietary notices or labels
• Rent, lease, lend, sell, sublicense, or transfer the software to third parties
• Use the software for any unlawful purpose
• Attempt to circumvent any licence restrictions or security measures
• Use the software in a manner that could damage, disable, or impair the software
• Share your licence key with others or use it on more devices than permitted

3.3 Number of Installations

Unless otherwise specified in your purchase, a single PeekoType licence permits installation on up to three (3) devices owned or controlled by you for your personal use.

4. Free Trial

We offer a 14-day free trial of PeekoType. During the trial period:

• You have access to all features of the software
• No payment information is required to start the trial
• The trial automatically expires after 14 days
• To continue using PeekoType after the trial, you must purchase a licence

We reserve the right to modify, suspend, or discontinue the free trial at any time without notice.

5. Payment and Pricing

5.1 Pricing

PeekoType is offered as a one-time purchase. Current pricing is displayed on our website. All prices are in British Pounds (GBP) unless otherwise indicated.

5.2 Payment Processing

Payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service. We do not store your complete payment card information on our servers.

5.3 Taxes

Prices may be subject to applicable taxes (such as VAT) depending on your location. Any applicable taxes will be calculated and displayed at checkout.

6. Refund Policy

6.1 14-Day Money-Back Guarantee

We offer a 14-day money-back guarantee from the date of purchase. If you are not satisfied with PeekoType for any reason, you may request a full refund within 14 days of your purchase.

6.2 How to Request a Refund

To request a refund, please contact us at support@peekotype.com with your order details. Refunds will be processed within 5-10 business days and returned to the original payment method.

6.3 After the Refund Period

After the 14-day refund period, all sales are final. We may, at our sole discretion, consider refund requests in exceptional circumstances.

7. Software Updates

7.1 Updates

We may release updates to PeekoType from time to time, which may include bug fixes, new features, and improvements. Your licence includes access to these updates.

7.2 Automatic Updates

PeekoType may check for updates automatically. You can choose to install updates manually or enable automatic updates in the application settings.

7.3 Major Version Upgrades

Major version upgrades (e.g., from version 1.x to version 2.x) may be offered at a discounted rate to existing customers. We will notify you of any such upgrades via email.

8. Intellectual Property

8.1 Ownership

PeekoType and all associated intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by us or our licensors. These Terms do not grant you any ownership rights in the software.

8.2 Third-Party Components

PeekoType incorporates third-party open-source components, including OpenAI Whisper. These components are subject to their respective licences, which are included in the software documentation.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the software, you grant us a non-exclusive, royalty-free, worldwide licence to use, modify, and incorporate such feedback into our products and services.

9. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy features of PeekoType:

• All speech recognition occurs locally on your device
• No audio data is transmitted to external servers
• We do not collect or store your transcribed text

10. Disclaimer of Warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the software will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy of speech recognition results
• Warranties that the software will meet your specific requirements

You acknowledge that speech recognition technology is not perfect and may produce errors. You are responsible for reviewing and correcting any transcribed text before use.

11. Limitation of Liability

In no event shall our total liability to you exceed the amount you paid for the software in the twelve (12) months preceding the claim.

This limitation applies to:

• Loss of data, profits, or business opportunities
• Personal injury or property damage
• Any claims arising from your use or inability to use the software
• Any third-party claims

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless PeekoType and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the software
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you create or process using the software

13. Termination

13.1 Termination by You

You may stop using PeekoType at any time by uninstalling the software from your devices.

13.2 Termination by Us

We may terminate or suspend your licence immediately, without prior notice, if:

• You breach any provision of these Terms
• You engage in fraudulent or illegal activity
• You attempt to circumvent licence restrictions
• We are required to do so by law

13.3 Effect of Termination

Upon termination, your licence to use the software is revoked, and you must uninstall and destroy all copies of the software. Sections of these Terms that by their nature should survive termination shall continue in effect.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last updated" date
• Sending an email notification for significant changes

Your continued use of the software after such changes constitutes acceptance of the modified Terms.

15. Governing Law and Disputes

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the software shall be resolved through the following process:

1. Informal Resolution: We encourage you to contact us first at support@peekotype.com to resolve any issues informally.
2. Mediation: If informal resolution fails, either party may propose mediation.
3. Legal Proceedings: If mediation is unsuccessful, disputes shall be resolved in the courts of England and Wales.

15.3 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes on an individual basis and waive any right to participate in class actions.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PeekoType regarding the software and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your licence without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labour disputes, or technical failures.

17. System Requirements

To use PeekoType, your system must meet the minimum requirements specified on our website. We are not responsible for software performance issues caused by hardware or software that does not meet these requirements.

Current minimum requirements:

• Operating System: Windows 10 or later
• RAM: 4GB minimum, 8GB recommended
• Storage: 1GB available space
• Microphone: Required for voice input

18. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States and trade sanctions maintained by OFAC.

19. Contact Information

If you have any questions about these Terms, please contact us:

20. Open Source Acknowledgements

PeekoType uses the following open-source technologies:

OpenAI Whisper - MIT License

Copyright (c) 2022 OpenAI

PyTorch - BSD License

Copyright (c) Facebook, Inc.

Python - PSF License

Copyright (c) Python Software Foundation

Permission is hereby granted, free of charge, to any person obtaining a copy of this software

21. Acknowledgement

By using PeekoType, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms, you are not authorised to use the software.