These Terms of Service ("Terms") govern your access to and use of the AsPeach desktop application and website (collectively, the "Service") provided by AsPeach ("we", "our", or "us"). You may contact us at contact@aspeach.com. By downloading, installing, or using AsPeach, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Acceptance of Terms

By accessing or using the Service, you confirm that you are at least 13 years of age (or 16 in the EEA), have the legal capacity to enter into a binding agreement, and that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

AsPeach is a voice-to-text dictation application for macOS and Windows that processes speech locally on your device. The Service includes:

Free Tier: Basic voice-to-text functionality with a rolling 5-hour usage window allowing up to 15 minutes of total recording time, with a maximum of 60 seconds per individual recording. No account required. Includes base and small AI models, 5 languages (English, Spanish, French, German, Portuguese), command mode, whisper mode, and on-device features including dictionary and snippets.
Pro Tier ($9.99/month): Unlimited transcriptions, all AI models (base, small, medium, large-v3), all 99+ supported languages, advanced features (context-aware output, AI auto-edit, AI rewrite), unlimited dictionary entries, unlimited text snippets, Cloud Sync (opt-in cross-device synchronization of dictionary, snippets, history, custom prompts, AI chat history, and settings), file transcription, subtitle export, and device management.
Pro+ Tier ($24.99/month): Everything in Pro, plus JARVIS voice assistant (execute any task by voice), Peach AI chat assistant, screen awareness and vision analysis, multi-provider AI support (Groq, OpenAI, Claude), and priority support. Pro+ requires the user to provide their own AI API keys (BYOK — Bring Your Own Key).

3. Early Access & Ongoing Development

AsPeach is currently in active, ongoing development. While we strive to deliver a stable and reliable experience, you acknowledge and agree that:

The Service is an evolving product that may contain bugs, errors, incomplete features, or unexpected behavior.
Features, functionality, user interface, and system requirements may change at any time as part of the development process — especially during the initial stabilization period.
Updates, upgrades, and bug fixes will be released regularly as the product matures. These updates may change how existing features work.
By purchasing a subscription, you are supporting a product under active development and accept its current state. Your purchase grants access to the Service as it exists today and all future updates and improvements.
We are committed to improving the Service and welcome your feedback. If you encounter bugs or issues, please report them at support@aspeach.com and we will work to resolve them as quickly as possible.

We strongly encourage you to use the free tier to evaluate the Service in its current state before making a purchase. The limitations described in Section 10 (Disclaimer of Warranties) apply with particular force during this early access period.

4. Account Registration

To access Pro features, you must sign in using a supported third-party authentication provider (such as Google, GitHub, X (Twitter), Microsoft, or Email (passwordless magic link)). You are responsible for:

Maintaining the confidentiality and security of your account credentials.
All activity that occurs under your account, whether or not authorized by you.
Notifying us immediately at support@aspeach.com of any unauthorized use of your account or any other security breach.

Accounts are personal and non-transferable. You may not share, sell, or otherwise transfer your account credentials to any third party. The Service enforces a one-active-device-at-a-time policy. Logging in on a new device will automatically terminate the session on the previous device. This is a security feature to protect your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are being shared, resold, or used in violation of these Terms.

5. Subscriptions, Payments, and Refunds

5.1 Billing Options

Pro access is available through the following options, all processed through Lemon Squeezy, our third-party payment processor:

Pro Subscription ($9.99/month): Billed monthly on a recurring basis until cancelled. Grants access to all Pro features.
Pro+ Subscription ($24.99/month): Billed monthly on a recurring basis until cancelled. Grants access to all Pro features plus JARVIS voice assistant, Peach AI chat, screen awareness, and vision analysis.

For recurring subscriptions, by subscribing you authorize us to charge your chosen payment method on a recurring basis until you cancel.

5.2 Pricing

Current pricing is displayed on our website at aspeach.com/#pricing. All prices are in USD unless otherwise stated. We reserve the right to change pricing with 30 days' notice. Price changes will take effect at the start of your next billing cycle and will not affect current billing periods.

5.3 Cancellation

You may cancel your subscription at any time through Lemon Squeezy's customer portal or by contacting support@aspeach.com. Upon cancellation:

You retain access to Pro features until the end of your current paid billing period.
After the billing period ends, your account reverts to the Free tier with its associated limits.
Cloud Sync data is retained for 30 days after subscription ends, then permanently deleted.
All data stored locally on your device is unaffected by cancellation and remains under your control.

5.4 No Refunds

All sales are final. When you purchase a subscription (Pro or Pro+), you are committing to pay for the full billing period. We do not offer partial or full refunds. By completing a purchase, you acknowledge and agree to this policy.

We strongly encourage you to use the free tier to fully evaluate the Service before making a purchase.

If you experience technical issues that prevent you from using the Service, contact support@aspeach.com and we will work to resolve the issue.

EU Consumers: Nothing in this section limits your statutory consumer rights under applicable law. If you are a consumer residing in the European Union or European Economic Area, your rights under the EU Consumer Rights Directive are not affected by this policy.

Chargebacks: If you dispute a charge with your bank or credit card company without first contacting us, we reserve the right to suspend your account and contest the chargeback.

5.5 Upgrades

You may upgrade your plan at any time — for example, from Pro to Pro+. When upgrading, the unused portion of your current billing period is pro-rated and deducted from the new plan's price. You will not be charged twice for the same period.

5.6 Taxes

Prices may not include applicable taxes (VAT, sales tax, etc.). You are responsible for any taxes associated with your purchase, which will be calculated at checkout based on your location.

6. License and Intellectual Property

6.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the AsPeach application on macOS or Windows devices you personally own or control, solely for your personal or internal business purposes.

6.2 Restrictions

You expressly agree that you will NOT:

Copy, reproduce, modify, adapt, translate, or create derivative works of the Service or any part thereof.
Distribute, sell, resell, lease, rent, lend, or sublicense the Service or access to it.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the application, except as permitted by applicable law.
Circumvent, disable, tamper with, or otherwise interfere with any security, authentication, licensing, or copy-protection mechanisms.
Use the Service to develop a competing product, service, or feature.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
Use automated means (bots, scrapers, crawlers, etc.) to access or interact with the Service.
Share, resell, or sublicense your account, subscription, or license key.
Use the Service in any manner that violates applicable laws or regulations.
Attempt to probe, scan, or test the vulnerability of the Service or breach security measures.

6.3 Ownership

The Service, including all software, source code, object code, algorithms, designs, graphics, user interfaces, trademarks, logos, and content, is owned by AsPeach or its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service.

6.4 Open Source

The Whisper AI model used for speech recognition is developed by OpenAI and used under the MIT License. Other open-source components used in the application are subject to their respective licenses, which are included in the application. Your use of open-source components is governed by those licenses.

6.5 Feedback and Unsolicited Ideas

BY SUBMITTING ANY FEEDBACK, SUGGESTIONS, IDEAS, FEATURE REQUESTS, BUG REPORTS, OR OTHER COMMUNICATIONS TO US (COLLECTIVELY, "FEEDBACK"), YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

No Compensation: You will receive no compensation, payment, royalty, or other remuneration of any kind for any Feedback, regardless of whether we use it.
No Credit or Attribution: We are under no obligation to give you credit, acknowledgment, or attribution of any kind for your Feedback, even if we implement your exact suggestion.
No Ownership Rights: You assign and transfer to AsPeach all right, title, and interest in and to any Feedback you provide. To the extent such assignment is not effective, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, copy, modify, create derivative works from, distribute, publicly display, and otherwise exploit your Feedback in any manner and for any purpose.
No Confidentiality: Any Feedback you submit is non-confidential and non-proprietary. We have no obligation to maintain the confidentiality of any Feedback.
No Obligation to Use: We are under no obligation to use, implement, or respond to any Feedback you provide.
Voluntary Submission: You submit all Feedback voluntarily and at your own risk. You understand that similar ideas may already be under consideration or in development by us.
No Claim of Infringement: You waive any right to claim that our use of your Feedback infringes any of your rights, including any intellectual property rights, moral rights, rights of publicity, or rights to compensation.

IF YOU DO NOT WISH TO GRANT US THESE RIGHTS, DO NOT SUBMIT FEEDBACK. This provision applies to all forms of communication, including but not limited to: emails, bug reports, feature requests, suggestions submitted through the app, social media messages, and any other communication channels.

7. Your Content

You retain full ownership of all content you create using AsPeach, including transcriptions, dictionaries, snippets, and any other text generated through the Service. We claim no ownership of your content.

Because transcription is processed locally on your device, we do not have access to your transcription content. You are solely responsible for the content you create and how you use it.

If you enable Cloud Sync (a Pro feature), you grant us a limited, non-exclusive license to store, transmit, process, and display your synced data (dictionary, snippets, history, custom prompts, AI chat history, and settings) solely for the purpose of providing synchronization services to you. This license terminates when you disable Cloud Sync, delete your data, or delete your account.

7.1 Unleash Mode — Meeting Content

If you enable Unleash mode (Pro+), AsPeach may transcribe and process meeting content, including attributed statements made by other meeting participants. By enabling this feature:

You are solely responsible for informing all meeting participants that content may be transcribed and processed by AsPeach.
You are solely responsible for compliance with all applicable recording, consent, and data protection laws in your jurisdiction, including but not limited to two-party consent laws, GDPR, CCPA, BIPA, and equivalent regulations.
AsPeach does NOT notify meeting participants on your behalf. It is YOUR obligation to obtain any required consent.
All meeting content synced to our servers is end-to-end encrypted and cannot be read by AsPeach.
Speaker profiles used for transcription accuracy are stored locally on your device only and are never uploaded to our servers.
You may delete any data about any person at any time through the Knowledge Base management feature.

7.2 End-to-End Encryption and Data Recovery

Synced data for Pro+ subscribers is protected by end-to-end encryption using a PIN that only you know. If you forget your PIN, your encrypted data cannot be recovered by AsPeach or anyone else. This is by design and not a defect. You are responsible for remembering your PIN or securely storing it.

8. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with these Terms. You agree NOT to use the Service to:

Violate any applicable local, state, national, or international law or regulation.
Infringe on the intellectual property, privacy, publicity, or other rights of any third party.
Generate, store, or transmit content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Engage in any activity that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
Attempt to gain unauthorized access to any systems, networks, or data.
Transmit any malware, viruses, worms, or other malicious code.
Engage in any form of automated data collection or scraping.

We reserve the right to investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement.

8.1. Multi-Device Remote Control

AsPeach allows you to send commands to your paired Mac from a mobile app or web browser ("Remote Control"). When using Remote Control:

You are responsible for all commands sent from any device paired to your account.
Commands that could cause data loss, system damage, or security risks (e.g., deleting files, modifying system settings) may require additional confirmation.
Certain destructive operations are permanently blocked regardless of device or tier.
You must not use Remote Control to execute commands on behalf of unauthorized users.
Device pairing codes expire after 60 seconds and are single-use. Do not share pairing codes.

9. Third-Party Services

The Service integrates with third-party services including:

Authentication Providers: Google, GitHub, X (Twitter), Microsoft, and Email (passwordless magic link) via Firebase Authentication
Lemon Squeezy: For payment processing

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, content, or practices of third-party services. Any issues with third-party services should be directed to those third parties.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We specifically disclaim any warranties that:

The Service will meet your requirements or expectations.
The Service will be uninterrupted, timely, secure, or error-free.
The results obtained from the Service will be accurate, complete, or reliable.
Transcription results will be 100% accurate or free of errors.
Any errors in the Service will be corrected.
The Service will be compatible with all hardware, software, or network configurations.

Voice recognition accuracy depends on various factors including but not limited to microphone quality, ambient noise, accent, pronunciation, speech clarity, language, and technical terms. AsPeach does not guarantee any specific level of transcription accuracy. You are solely responsible for reviewing and verifying all transcribed content before use.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASPEACH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, arising out of or in connection with:

Your use of or inability to use the Service.
Any errors, inaccuracies, or omissions in transcription results.
Any unauthorized access to or alteration of your data.
Any third-party conduct or content.
Any interruption or cessation of the Service.
Any bugs, viruses, or other harmful code transmitted through the Service.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages, and even if any limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless AsPeach and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in any way connected with:

Your access to or use of the Service.
Your violation of these Terms.
Your violation of any applicable law, regulation, or rights of a third party.
Any content you create, transmit, or store using the Service.
Any dispute between you and a third party.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

13. Modifications to the Service

We reserve the right to modify, update, suspend, or discontinue the Service (or any part, feature, or functionality thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

For significant changes that materially reduce functionality, we will make reasonable efforts to provide advance notice to active subscribers.

14. Modifications to Terms

We may revise these Terms from time to time at our sole discretion. The most current version will always be posted at aspeach.com/terms with the "Last updated" date. Material changes will be communicated through the Service, via email, or by displaying a prominent notice.

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service, cancel any active subscription, and uninstall the application.

15. Termination

Termination by You: You may stop using the Service at any time. To fully terminate your relationship with us, cancel any active subscription and delete your account through the app settings or by contacting support@aspeach.com.

Termination by Us: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, if:

You breach any provision of these Terms.
We are required to do so by law.
We reasonably believe your conduct creates liability or harm for us or other users.
We discontinue the Service entirely.

Upon termination:

Your license to use the Service is immediately and automatically revoked.
You must cease all use of the application and uninstall it.
We may delete your account data after 30 days (or immediately in cases of serious violation).
Provisions of these Terms that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Governing Law) shall remain in full force and effect.
Termination does not entitle you to any refund, except where required by applicable law (see Section 5.4).

16. Governing Law and Dispute Resolution

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 principles.

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at support@aspeach.com to attempt to resolve the dispute informally. We will work in good faith to resolve any issues within 30 days.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved exclusively through binding arbitration administered by a mutually agreed-upon arbitration service, conducted in English. The arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AND ASPEACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17. General Provisions

17.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.

17.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of AsPeach.

17.3 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.4 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and Disclaimer, constitute the entire agreement between you and AsPeach regarding the Service, superseding any prior or contemporaneous agreements, communications, or understandings, whether oral or written.

17.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18. Contact Us

For questions about these Terms or the Service, contact us at:

General Inquiries: contact@aspeach.com
Support Email: support@aspeach.com
Privacy Email: privacy@aspeach.com
Website: aspeach.com