Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and TarkTalk Technology Pty Ltd ("TarkTalk," "we," "us," or "our") governing your use of the Superear earbuds, the TarkTalk mobile application, our website, and related services (together, the "Services"). Please read them carefully, and pay particular attention to Section 5 (Recording Consent and Lawful Use), Section 6 (AI Outputs), and Sections 14 to 16 (disclaimers, liability, and indemnity).

1. Acceptance of Terms

By creating an account, or by accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and that the information you provide is accurate. We do not verify the age of users and rely on this representation. If we become aware that a user is under 18, we may suspend or terminate the account and delete associated information in accordance with our Privacy Policy.

3. Description of the Service

The Services enable you to capture audio around a phone call using Superear earbuds (or, in Demo Mode, your phone microphone), and to turn that audio into notes. Features include:

• Capturing call and ambient audio and organizing it into sections before, during, and after a call;
• AI-generated transcripts, summaries, titles, and action items;
• Question-and-answer and search across your notes;
• Syncing the resulting text content across your sessions and, where you enable it, to a connected cloud storage account such as Google Drive or Microsoft OneDrive; and
• Optional paid subscription plans providing access to AI features.

The Services do not provide a dedicated translation service. We may add, change, or discontinue features from time to time. Certain features may be offered on a rolling or limited-availability basis.

4. User Accounts

To use most features, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activity that occurs under your account;
• Providing accurate and complete information; and
• Notifying us promptly of any unauthorized use of your account.

5. Recording Consent and Lawful Use

You are solely responsible for using the recording features lawfully. The Services capture conversation audio so that it can be transcribed into notes. Laws governing the recording of calls and conversations — including wiretapping, surveillance-device, listening-device, eavesdropping, and privacy laws — vary significantly between countries, states, and territories. Some jurisdictions require the consent of all parties to a conversation before it may be recorded.

By using the recording features, you agree that you will:

• Comply with all laws that apply to you and to the people whose voices may be captured;
• Verbally inform all parties to the conversation, before recording, that the conversation is being recorded (including that audio is being captured for transcription and notes), and obtain any consent required from every person whose voice may be captured, including the other party to a call and any bystanders whose voice may be captured before or after a call; and
• Be responsible for how you use, store, and share the recordings, transcripts, and other content you create, and ensure that you have the right to do so.

The obligation to disclose that a conversation is being recorded, and to obtain any required consent, rests with you and not with us. We do not provide legal advice, and no feature of the Services (including any optional in-app spoken notice that may play to you or to the other party) constitutes legal advice, guarantees compliance with the laws that apply to you, or relieves you of your obligation to make these disclosures and obtain consent. You must not rely on any feature of the Services as your sole means of providing notice or obtaining consent.

6. AI-Generated Outputs

Transcripts, summaries, action items, and answers are generated using automated and artificial-intelligence systems, including those provided by third parties. These outputs may be inaccurate, incomplete, or misleading, may omit or misattribute statements, and should not be relied upon as a verbatim record or as professional, legal, medical, financial, or other advice. You are responsible for reviewing and verifying any output before relying on or acting upon it.

7. Acceptable Use

You agree not to use the Services for any unlawful or prohibited purpose, including to:

• Violate any applicable law or regulation, or the rights of others;
• Record, intercept, or monitor any person without the consent required by law;
• Infringe intellectual property or privacy rights;
• Upload or transmit unlawful, harmful, or malicious content or code;
• Attempt to gain unauthorized access to, disrupt, or reverse engineer the Services or their underlying systems; or
• Interfere with the proper functioning of the Services.

8. Your Content and Ownership

As between you and us, you retain ownership of the recordings, transcripts, summaries, action items, and other content you create using the Services ("Your Content"). You grant us a limited, non-exclusive license to host, process, transmit, and display Your Content solely to operate and provide the Services to you, including transmitting relevant content to our AI and cloud providers as described in our Privacy Policy. You are responsible for Your Content and confirm that you have the necessary rights and consents for us to process it.

9. Third-Party Services

The Services rely on and interoperate with third-party services, including AI transcription and language-model providers, cloud hosting and database providers, authentication providers (such as Google and Apple), payment providers (such as Shopify and Stripe), and, where you enable them, cloud storage providers such as Google Drive and Microsoft OneDrive. Your use of those third-party services is governed by their own terms and privacy policies, and we are not responsible for their acts or omissions.

10. Subscriptions, Fees, and Billing

If you subscribe to a paid plan:

• Fees are billed in advance on a recurring basis (for example, monthly or annually) through our payment provider (currently Stripe) or the applicable app store;
• Subscriptions automatically renew for successive periods unless you cancel before the end of the then-current period;
• You may cancel at any time, effective at the end of the current billing period, through your account or your app store settings;
• Except where required by law, fees already paid are non-refundable, and canceling does not entitle you to a refund for the current period.

TarkTalk reserves the right, at its sole and absolute discretion and without the approval of any other person, to introduce, set, change, increase, or discontinue its prices, plans, plan costs, features, and billing arrangements at any time. Any change to pricing will take effect prospectively and will not affect a billing period for which you have already paid. Where required by law, we will give you advance notice of a price change before it applies to your subscription, and your continued use or renewal after the change takes effect constitutes acceptance of the new price. If you do not agree to a change, your remedy is to cancel your subscription before the change takes effect.

Where a purchase is made through a third-party app store, that store may also apply its own billing terms, which will govern that transaction.

11. Hardware Purchases

Superear earbuds and other hardware may be sold through our online store, which is operated using a third-party storefront and payment provider (currently Shopify), subject to the sales terms presented at checkout. Hardware may be covered by separate warranty terms. Nothing in these Terms limits any rights or guarantees you have under mandatory consumer protection laws applicable to the sale of goods.

12. Intellectual Property

The Services, and all software, designs, text, graphics, trademarks, and other materials we provide (excluding Your Content), are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose, subject to these Terms. All rights not expressly granted are reserved.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Services, you acknowledge that information will be processed as described there.

14. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Services will be uninterrupted, error-free, secure, or that any output will be accurate or complete.

15. Australian Consumer Law

If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that applies to you under the Australian Consumer Law or other laws that cannot lawfully be excluded. Where our liability for a breach of a non-excludable guarantee can be limited, our liability is limited, at our option, to re-supplying the relevant services (or paying the cost of re-supply) or, for goods, to replacing or repairing the goods (or paying the equivalent cost).

16. Limitation of Liability

Subject to Section 15, and to the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services or these Terms. To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the event giving rise to the claim, or AUD $100.

17. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless TarkTalk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, Your Content, your recordings, or your breach of these Terms or of any law, including any claim by a person whose voice was recorded through your use of the Services.

18. Service Availability and Changes

We strive to maintain high availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue all or part of the Services, temporarily or permanently, for maintenance, updates, or other operational, legal, or business reasons.

19. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Services or other users. Provisions that by their nature should survive termination (including ownership, disclaimers, liability limits, and indemnity) will survive.

20. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by reasonable means, such as by posting a notice within the Services or sending you a notification. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of New South Wales, Australia, without regard to its conflict-of-laws rules. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Nothing in this section limits any right you may have to bring proceedings, or to rely on mandatory consumer protections, in your place of residence.

22. Contact Information