1. ACCEPTANCE OF TERMS

This section outlines your agreement to these Terms when you use our App.

1.1. Agreement to Terms.

By accessing or using the App, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App.

1.2. Defined Terms.

• "App" refers to the OffScribe mobile application.
• "Service" refers to the functionalities and services provided through the App, including recording, transcription, translation, export, and other features.
• "You" and "Your" refer to the individual or entity accessing or using the App.
• "We," "Us," and "Our" refer to GiganTech, LLC.
• "Your Content" refers to any audio, text, or other data that you attach, or submit through the App for processing.

2. DESCRIPTION OF SERVICE

This section describes the core features and operational model of the OffScribe App.

2.1. Core Functionality.

The OffScribe App provides highly accurate transcription services, supporting over 99 languages. It also offers translation of transcribed content into English, secure offline transcription capabilities, and the ability to export transcribed and translated content to multiple formats.

2.2. Ad-Supported Model.

The App is supported by non-intrusive advertisements. This model allows us to provide the Service free of charge to all users and supports ongoing development and maintenance.

3. USER ELIGIBILITY AND CONDUCT

This section details who can use the App and the rules for its use.

3.1. Eligibility.

You must be at least 4 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.

3.2. Lawful Use.

You agree to use the App only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the App. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, using obscene or offensive language, or disrupting the normal flow of dialogue within the App.

3.3. Your Content Responsibility.

You are solely responsible for Your Content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that you have the necessary rights to Your Content and that its use by the App does not violate any law or third-party rights.

3.4. Prohibited Conduct.

You agree not to:

• Interfere with or disrupt the integrity or performance of the App or the data contained therein.
• Attempt to gain unauthorized access to the App or its related systems or networks.
• Use the App to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App or any part thereof.
• Use the App for any illegal or unauthorized purpose.

4. PRIVACY

This section explains how we handle your personal data.

4.1. Privacy Policy.

Your privacy is important to us. Our Privacy Policy, available at https://gigantech.io/products/transcription-app/privacy-policy, explains how we collect, use, and disclose information about you. By using the App, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy, which is incorporated into these Terms by reference.

5. INTELLECTUAL PROPERTY RIGHTS

This section clarifies ownership of the App and your content.

5.1. Our Intellectual Property.

The App, including its design, text, graphics, images, videos, information, and all other content and materials, is the exclusive property of GiganTech, LLC or its licensors. All rights are reserved. You may not use our intellectual property without our prior written permission.

5.2. Your Content Ownership.

You retain all ownership rights to Your Content. We do not claim any ownership over Your Content.

5.3. License to Your Content.

By submitting Your Content through the App, you retain full ownership and control of Your Content. GiganTech, LLC does not collect, store, use, or share any content you add to the App, except temporarily as necessary to process and display it to you for the functioning of the Service. Your data is stored solely on your device or your own cloud storage. Once you delete your file, Your Content is immediately deleted and is not retained on the device or anywhere Cloud.

6. DISCLAIMERS; LIMITATION OF LIABILITY

This section outlines the limitations of our responsibility.

6.1. "AS IS" Basis.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

6.2. Accuracy Disclaimer.

While we strive for highly accurate transcription and translation, we do not warrant the accuracy, completeness, or reliability of any transcription or translation provided by the Service. You acknowledge that transcription and translation technologies are not infallible and may contain errors.

6.3. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGANTECH, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (C) ANY CONTENT OBTAINED FROM THE APP; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT BE SUBJECT TO A SPECIFIC MONETARY CAP, EXCEPT WHERE SUCH A LIMITATION IS PROHIBITED BY APPLICABLE LAW.

7. INDEMNIFICATION

This section explains your responsibility to protect us from certain claims.

7.1. Your Indemnification.

You agree to indemnify, defend, and hold harmless GiganTech, LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the App.

8. MODIFICATIONS TO THE SERVICE AND TERMS

This section covers how we can change the App or these Terms.

8.1. Changes to the Service.

We reserve the right to modify or discontinue, temporarily or permanently, the App or any part thereof with or without notice. You agree that GiganTech, LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.

8.2. Changes to Terms.

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (e.g., via email to the email address associated with your account, if any, or by a prominent notice on the App). By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms.

9. GOVERNING LAW AND JURISDICTION

This section specifies the laws that apply to these Terms.

9.1. Governing Law.

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

9.2. Jurisdiction.

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

10. TERMINATION

This section explains how your access to the App can end.

10.1. Termination by You.

You may stop using the App at any time.

10.2. Termination by Us.

We may suspend or terminate your access to and use of the App, at our sole discretion, at any time and without notice to you, including if you violate these Terms. Upon termination, your right to use the App will immediately cease.

10.3. Survival.

Sections 5 (Intellectual Property Rights), 6 (Disclaimers; Limitation of Liability), 7 (Indemnification), 9 (Governing Law and Jurisdiction), 10 (Termination), 11 (Miscellaneous), and 12 (Contact Information) will survive any termination of these Terms.

11. MISCELLANEOUS

This section includes various standard legal provisions.

11.1. Entire Agreement.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and GiganTech, LLC regarding the use of the App, superseding any prior agreements between you and GiganTech, LLC relating to your use of the App.

11.2. Waiver.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.3. Severability.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

12. CONTACT INFORMATION

This section provides details on how to contact us.

12.1. Questions.

If you have any questions about these Terms or the App, please contact us at: contact@gigantech.io