Private Voice Notes Terms of Use

1. Scope of the App

Private Voice Notes is a personal voice recording, folder organization, note, playback, export, and optional on-device transcription utility. Its core function is to let you choose a folder before recording so recordings are organized from the start.

The App is not a professional recording, legal, medical, financial, therapeutic, emergency, compliance, evidence preservation, employment, business continuity, court reporting, certified transcription, accessibility, law enforcement, workplace, healthcare, safety-critical, or professional recordkeeping service.

Do not rely on the App as your only method for capturing, preserving, proving, storing, backing up, transcribing, or producing important audio or records.

2. Limited License

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the App for your personal use in accordance with these Terms and Apple's applicable App Store rules.

We reserve all rights not expressly granted. You may not copy, resell, redistribute, sublicense, reverse engineer, scrape, exploit, interfere with, or misuse the App except where applicable law expressly prohibits such restriction.

You represent and warrant that you are not located in a country or region subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country or region, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

3. Termination

These Terms remain in effect while you use the App.

We may suspend, revoke, or terminate your license to use the App if you violate these Terms, misuse the App, infringe our rights, create legal risk, or use the App in a prohibited way.

You may stop using the App at any time. Deleting the App may delete local content from your device, so export or back up anything important before deletion.

4. User Content Ownership

You retain ownership of recordings, folders, notes, titles, transcripts, and exported content you create using the App ("User Content"). We do not claim ownership of your User Content.

5. Your Responsibility for User Content

You are solely responsible for what you record, name, write, transcribe, store, export, share, or delete.

You are responsible for ensuring that you have all required permissions and legal rights to record people, conversations, meetings, classes, calls, interviews, music, performances, or other audio.

You are responsible for complying with all recording consent, privacy, wiretapping, workplace, school, confidentiality, and other laws that apply to you and your recordings.

You are responsible for determining whether a recording is confidential, privileged, regulated, sensitive, inappropriate, or unsafe to store in the App.

6. No Recording-Law Advice

We do not provide legal advice about whether a recording is lawful. Recording laws vary by jurisdiction and circumstance. If you are unsure whether you may record, you must consult your own legal counsel before recording.

7. Prohibited Uses

You may not use the App to:

• Make unlawful recordings.
• Stalk, harass, blackmail, threaten, surveil, impersonate, dox, abuse, exploit, or invade the privacy of another person.
• Engage in unlawful, harmful, fraudulent, exploitative, abusive, or deceptive conduct.
• Record, store, transcribe, export, or share content that you do not have the right to record, store, transcribe, export, or share.
• Violate recording consent laws, privacy rights, intellectual property rights, confidentiality obligations, school policies, workplace policies, court orders, or other legal duties.
• Reverse engineer, copy, exploit, resell, scrape, interfere with, bypass, or misuse the App.

8. Local Storage and No Company Backup

Private Voice Notes is local-first. The App stores recordings and related app data locally on your device. We do not operate a company cloud backup, company cloud sync service, or company cloud recording library for your content.

We cannot access, restore, recover, review, moderate, export, or delete recordings stored on your device.

You are responsible for exporting and backing up important recordings. If you delete the App, lose your device, damage your device, reset your device, change Apple backup settings, exhaust device storage, delete recordings, or experience device or operating system failure, your content may be permanently lost.

9. Apple and Device Backup Caveat

Depending on your Apple device settings, operating system behavior, iCloud settings, or backup settings, app data may be included in device backups controlled by Apple or by you.

We do not control Apple iCloud, Apple ID settings, device backups, operating system storage behavior, diagnostics, or your backup settings.

10. Deletion Risk

Deleting a recording, folder, note, transcript, or the App may permanently remove data from the App. Export anything important before deleting it.

We are not responsible for accidental deletion, failed saves, corrupted files, device failure, operating system bugs, storage exhaustion, backup failure, or user error.

11. Recording Failure Disclaimer

Recordings may fail, stop, be interrupted, be corrupted, be incomplete, contain poor audio quality, or become unavailable because of device storage, microphone permissions, battery status, system interruption, incoming calls, operating system behavior, hardware issues, app lifecycle events, or your actions.

Do not rely on the App as your only method for capturing critical audio.

12. Transcription Disclaimer

Transcription is optional, user-triggered, and on-device only. The App requires on-device Apple Speech Recognition support. If on-device transcription is unavailable for your device, language, locale, operating system version, or Apple Speech Recognition support, the App does not fall back to company cloud transcription.

Transcripts may be inaccurate, incomplete, delayed, unavailable, formatted incorrectly, or unsuitable for your purpose. You must review transcripts before relying on them.

The App is not a certified transcription, court reporting, medical transcription, legal transcription, accessibility, compliance, or evidentiary transcription service.

13. Private Folders Disclaimer

Private folders require Face ID, Touch ID, Optic ID, or device passcode authentication to open inside the App. We do not collect biometric data. Authentication is handled by Apple and device-level systems.

Private folders are a convenience and access-control feature. They are not a guarantee that content can never be accessed by someone with access to your device, passcode, Apple ID, backups, operating system, exported files, or other device-level access.

Private folders are not described as an encrypted vault.

14. Export and Sharing

Once you export or share audio, notes, transcripts, or other content, that content is handled by the destination app, service, person, device, or platform you choose. We are not responsible for exported content after it leaves Private Voice Notes.

You are responsible for confirming that exported content is accurate and sent to the correct destination.

15. No Professional Reliance

The App is provided as a personal utility and convenience tool. You should not rely on it for emergency, legal, medical, financial, employment, academic, evidentiary, compliance, law enforcement, workplace, healthcare, or safety-critical purposes.

16. App Store, Apple Terms, and Payment

The App is distributed through Apple's App Store. Purchases, downloads, refunds, family sharing, device availability, and App Store distribution are handled by Apple under Apple's terms.

If the App is sold as a paid upfront app, payment is processed by Apple. We do not control Apple's refund process.

Your use of the App is also subject to Apple's applicable App Store terms and, where applicable, Apple's Standard Licensed Application End User License Agreement. If Apple's required App Store terms apply, those terms are incorporated to the extent required by Apple and applicable law.

Apple is not responsible for the App or its content. Myworkingmemory LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, legal or regulatory claims, consumer protection claims, privacy claims, or intellectual property claims.

You must comply with applicable third-party terms when using the App, including Apple's applicable App Store and device terms.

You and Myworkingmemory LLC acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that Apple has the right to enforce these Terms against you as a third-party beneficiary.

17. Pricing Changes

We may change pricing for future versions, future downloads, or future users. Existing purchase rights are subject to Apple's App Store rules and to the version and features made available.

We do not promise perpetual support, perpetual compatibility, perpetual feature availability, or perpetual App Store availability.

18. Updates and Changes to the App

We may update, modify, suspend, discontinue, remove, rename, or change the App or any feature at any time. Updates may change workflows, features, compatibility, operating system requirements, or device requirements.

We are not required to provide any particular feature forever.

19. Changes to These Terms

We may update these Terms from time to time. The updated effective date will be shown above or otherwise made available.

Updated Terms become effective when posted in the App, on our website, or otherwise made available to you, unless a later effective date is stated.

Your continued use of the App after updated Terms become effective means you accept the updated Terms. If you do not agree to updated Terms, you must stop using the App.

For material changes, we will provide reasonable notice where required by law.

20. Privacy Policy Updates

We may update the Privacy Policy from time to time. Updated versions become effective when posted in the App, on our website, or otherwise made available.

If our privacy practices materially change, we will update App Store privacy disclosures and provide appropriate notice where required.

21. Support

We may provide support at our discretion. We do not guarantee response time, availability, resolution, compatibility fixes, or implementation of any feature request.

22. Feedback

If you submit feedback, suggestions, bug reports, ideas, or feature requests, you grant us a perpetual, worldwide, royalty-free, irrevocable right to use that feedback without compensation or obligation to you.

23. Intellectual Property

The App's design, code, icons, name, branding, text, layout, features, and other company materials are owned by Myworkingmemory LLC or its licensors. You may not copy, resell, redistribute, reverse engineer, or create derivative products from the App except where applicable law expressly prohibits such restriction.

24. Third-Party Dependencies

The App may rely on Apple frameworks, device hardware, iOS, macOS, visionOS, microphone permissions, speech recognition availability, local authentication, App Store distribution, and other system-level functionality.

We are not responsible for Apple services, device limitations, operating system changes, outages, bugs, policy changes, App Store availability, hardware behavior, or third-party terms.

25. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE."

MYWORKINGMEMORY LLC, AND ITS FOUNDER, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUCCESSORS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, ERROR-FREE OPERATION, DATA PRESERVATION, RECORDING QUALITY, TRANSCRIPTION ACCURACY, SEARCH ACCURACY, EXPORT SUCCESS, COMPATIBILITY, AND CONTINUED AVAILABILITY OF ANY FEATURE.

We do not warrant that the App will record successfully every time, preserve every recording, generate accurate transcripts, remain compatible with every device or operating-system version, operate without interruption, or meet your specific needs.

You use the App at your own risk. You are responsible for reviewing recordings and transcripts, exporting or backing up important content, maintaining device security, and deciding whether the App is appropriate for your intended use.

Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYWORKINGMEMORY LLC AND ITS FOUNDER, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUCCESSORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST-PROFIT DAMAGES.

This includes damages or claims related to lost recordings, lost transcripts, lost notes, lost folders, lost data, inaccurate transcripts, failed recordings, lost opportunities, business interruption, emotional distress, reputational harm, professional consequences, device issues, backup failures, export mistakes, unlawful user recordings, or claims from people recorded by you.

To the maximum extent permitted by law, our total liability for any claim related to the App will not exceed the greater of the amount you paid for the App or $10.

Some jurisdictions do not allow certain exclusions or limits, so these limitations apply only to the maximum extent permitted by law.

27. Indemnification

You agree to defend, indemnify, and hold harmless Myworkingmemory LLC and its founder, officers, employees, contractors, affiliates, successors, licensors, and service providers from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your User Content.
• Unlawful recordings.
• Violation of recording consent laws.
• Misuse of the App.
• Violation of these Terms.
• Exported or shared content.
• Infringement, confidentiality, privacy, or publicity claims caused by your User Content.
• Claims from people recorded by you.

28. Informal Dispute Resolution

Before starting arbitration or court proceedings, you must email us at dean@myworkingmemory.ai with a short description of the dispute and the relief requested. We will have 30 days to try to resolve the dispute informally.

29. Binding Arbitration

Except for claims that qualify for small claims court or claims described in the injunctive relief carveout below, you and Myworkingmemory LLC agree that disputes arising out of or relating to the App or these Terms will be resolved by binding individual arbitration governed by the Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association (AAA) or JAMS under the applicable consumer arbitration rules, unless the parties agree otherwise.

The arbitration provider's applicable consumer rules will govern the arbitration, including rules about filing fees, administrative fees, arbitrator fees, location, remote appearances, and consumer fairness procedures.

Nothing in these Terms requires you to pay arbitration fees or costs that the applicable consumer arbitration rules do not require you to pay.

If the selected arbitration provider will not administer the arbitration and the parties cannot agree on a substitute provider, either party may ask a court of competent jurisdiction to appoint an arbitration provider or arbitrator consistent with these Terms and the Federal Arbitration Act.

Arbitration will be individual only. No dispute may proceed as a class, collective, coordinated, consolidated, representative, or private attorney general action unless required by law.

This arbitration agreement survives termination, app deletion, app removal, and changes to these Terms.

30. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND MYWORKINGMEMORY LLC AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS. YOU AND MYWORKINGMEMORY LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

The arbitrator may award relief only to the individual party seeking relief and only as necessary to resolve that individual claim.

If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request for relief must proceed in court and not in arbitration, to the extent permitted by law. The remaining claims must be arbitrated on an individual basis where permitted.

31. Jury Trial Waiver

For any dispute that proceeds in court rather than arbitration, you and Myworkingmemory LLC waive the right to a jury trial to the maximum extent permitted by law.

32. Small Claims Court

Either party may bring a qualifying individual claim in small claims court.

33. IP and Injunctive Relief

We may seek injunctive or equitable relief in court for intellectual property misuse, reverse engineering, unauthorized copying, abuse, security threats, or misuse of company materials.

34. Arbitration Opt-Out

You may opt out of the arbitration agreement by emailing dean@myworkingmemory.ai within 30 days after you first accept these Terms. Your opt-out email must include your name, the email address you use to contact us, the app name, and a clear statement that you opt out of arbitration.

Opting out of arbitration does not affect the rest of these Terms.

35. Mass Arbitration

If 25 or more similar arbitration demands are asserted against Myworkingmemory LLC by the same or coordinated counsel, or are otherwise coordinated, the parties agree that the arbitration provider's applicable mass arbitration, batching, bellwether, or multiple-case procedures will apply to the maximum extent permitted by law.

36. Governing Law and Venue

Tennessee law governs these Terms, excluding conflict-of-law rules, except where prohibited by applicable consumer protection law. The Federal Arbitration Act governs the arbitration agreement.

For non-arbitrable disputes, you agree to the state or federal courts located in Davidson County, Tennessee, except where prohibited by applicable consumer protection law.

37. Time Limit to Bring Claims

To the extent permitted by law, any claim must be brought within one year after the claim arises. If this limit is not enforceable in a jurisdiction, the shortest permitted period will apply.

38. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

If the class action waiver is unenforceable for a particular claim, that claim must proceed in court and not arbitration, unless applicable law requires otherwise. The rest of the arbitration agreement remains enforceable to the maximum extent permitted by law.

39. No Waiver

Failure to enforce any provision is not a waiver of that provision.

40. Assignment

You may not assign your rights or obligations under these Terms. We may assign these Terms in connection with a merger, acquisition, asset sale, restructuring, transfer of the App, or transfer of the business.

41. Force Majeure

We are not liable for events outside our reasonable control, including platform outages, Apple changes, device failures, internet outages, legal restrictions, disasters, war, labor issues, system failures, power failures, or government actions.

42. Survival

Any provisions that by their nature should survive termination or discontinued use will survive, including sections regarding User Content, prohibited uses, local storage and backup responsibility, deletion and recording risk, transcription disclaimers, export and sharing, no professional reliance, intellectual property, warranty disclaimer, limitation of liability, indemnification, dispute resolution, arbitration, class action waiver, jury trial waiver, governing law, time limits, and general provisions.

43. Entire Agreement

These Terms, the Privacy Policy, and any incorporated Apple terms form the entire agreement between you and Myworkingmemory LLC for use of the App.

44. Contact

Myworkingmemory LLC

Support and legal contact: dean@myworkingmemory.ai

Website: https://myworkingmemory.ai