Terms of Use

Using AudioPen in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use AudioPen. These Terms include everything in this document, as well as those in the Privacy Policy.

You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use AudioPen and that your parent or guardian agrees to these Terms on your behalf).

The Service

AudioPen is a voice-to-text service operated by Nicheless, Inc. It records or streams your speech, transcribes it, and can rewrite, clean up, and format the resulting text. It is available as a web app, as apps for Mac, Windows, iPhone, iPad, Apple Watch, and Android, and as a Chrome extension. Some features, including cloud voice typing, rely on third-party transcription and AI providers, as described in our Privacy Policy.

Voice Typing

Voice typing converts your speech into text and inserts it into whatever application you are using. You can choose between local and cloud processing in the app's settings. Text produced by voice typing is inserted where your cursor is. You are responsible for where you dictate and for the applications you dictate into.

Recording Other People

You are responsible for complying with the laws that apply to recording, transcribing, and storing speech where you are and where the people you record are, including laws that require the consent of everyone being recorded. You must not use AudioPen to record or transcribe anyone without the consent the law requires.

Content on AudioPen

You own what you create. Any original content you post, upload, share, store, or otherwise provide to AudioPen remains yours and is protected by copyright and any other applicable intellectual property laws.

We reserve the right to remove any content from AudioPen at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice.

Plans and Usage Limits

Some features are available only on paid plans, and some, including cloud voice typing, are available free up to an allowance we set, such as a number of transcriptions per user, after which a paid plan is required. Current allowances and plan features are shown in the app and on our website. We may also apply reasonable technical limits to protect the service, such as a maximum length for a single dictation or a limit on simultaneous sessions. We will give notice in the app or by email before reducing an allowance that applies to you.

Early-access Features

We may label some features as beta, preview, or early access. Those features are still being tested, may change or be withdrawn without notice, and are provided as-is. Your use of them is at your own discretion, and the limitation of liability in these Terms applies to them in full.

Acceptable Use Policy

You are responsible for all your activity in connection with AudioPen. Make sure that you use AudioPen in a manner that complies with the law. If your use of AudioPen is prohibited by applicable laws, then you aren’t authorized to use AudioPen. We can’t and won’t be responsible for you using AudioPen in a way that breaks the law.

You also agree that you will not use AudioPen in a manner that:

• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to AudioPen.
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Attempts, in any manner, to obtain the password, account, or other security information of any other user;
• Jeopardizes the security of your AudioPen account or anyone else's (such as allowing someone else to log into AudioPen as you, or sharing your account or password with someone);
• Is fraudulent or threatening;

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall AudioPen, its licensors, or its suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any kind, or any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with AudioPen in the twelve-month period preceding the applicable claim.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and any dispute arising from them will be brought in the state or federal courts located in Delaware, except that we may seek injunctive relief in any court of competent jurisdiction. If you are a consumer in the European Union or the United Kingdom, nothing in these Terms removes the protections you are entitled to under the mandatory laws of your country of residence.

Terminating Your Account

AudioPen is free to terminate (or suspend access to) your use of AudioPen, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Posts you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of AudioPen.