Terms of Service

Last Updated: January 21, 2025

Welcome to OpenScribe, a note-taking and document annotation application provided by VidOpt LLC ("we," "our," or "us"). By downloading, installing, or using OpenScribe (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By accessing or using OpenScribe, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and VidOpt LLC.

2. License Grant

Subject to your compliance with these Terms, VidOpt LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal or internal business purposes.

2.1 License Restrictions

You agree not to:

3. User Accounts and Data

3.1 Account Responsibility

You are responsible for maintaining the security of your device and any accounts used with the App, including your Apple ID and iCloud account. You agree to notify us immediately of any unauthorized access or use of your account.

3.2 User Content

You retain all ownership rights to the content you create, upload, or store using the App ("User Content"), including notebooks, annotations, audio recordings, and drawings. By using the App, you grant us a limited license to process and store your User Content solely for the purpose of providing the App's services to you.

3.3 Content Backup

While we strive to maintain the integrity and availability of your data through iCloud sync and local storage, you are solely responsible for maintaining backup copies of your User Content. We are not liable for any loss or corruption of User Content.

4. Subscription and Payment Terms

4.1 In-App Purchases

OpenScribe offers premium features through in-app purchases and subscriptions processed through the Apple App Store. Your purchase is subject to Apple's Terms of Service and payment terms.

4.2 Subscription Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

4.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial subscription periods.

4.4 Changes to Pricing

We reserve the right to modify subscription pricing at any time. Price changes will not affect your current subscription period but will apply upon renewal.

5. Intellectual Property Rights

The App, including all software, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, is owned by VidOpt LLC and is protected by copyright, trademark, and other intellectual property laws.

6. Third-Party Services

The App may integrate with third-party services, including:

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

7. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review our Privacy Policy carefully.

8. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIDOPT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless VidOpt LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of these Terms.

11. OCR and AI Features

The App includes optical character recognition (OCR) and AI-powered features for handwriting recognition and text processing. These features are provided for convenience and may not be 100% accurate. You are responsible for verifying the accuracy of any OCR or AI-processed content.

12. Modifications to the App and Terms

12.1 App Modifications

We reserve the right to modify, suspend, or discontinue the App or any features at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

12.2 Terms Modifications

We may revise these Terms from time to time. The most current version will always be posted in the App. If we make material changes, we will notify you through the App or by other means. Your continued use of the App after such modifications constitutes your acceptance of the updated Terms.

13. Termination

13.1 Termination by You

You may stop using the App at any time by deleting it from your device and canceling any active subscriptions.

13.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease.

13.3 Effect of Termination

Upon termination, we may delete your User Content from our servers. You should ensure you have local backups of any content you wish to retain.

14. Export Controls

The App may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising from these Terms or the App shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VidOpt LLC regarding the App and supersede all prior agreements and understandings.

16.2 Severability

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

16.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without your consent to any affiliate or in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or strikes.

17. Contact Information

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

VidOpt LLC
Email: support@openscribe.app

By using OpenScribe, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.