THOHT Beta - 利用規約

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Effective Date: February 1, 2025
Last Updated: November 10, 2025

Important Notice

This is beta software distributed via TestFlight for testing purposes only. By installing and using this beta version of THOHT, you acknowledge that this is pre-release software that may contain bugs, errors, and incomplete features. You agree to use this beta software at your own risk.

1. Beta Software Disclaimer

1.1 "As-Is" Provision

THOHT beta is provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties of accuracy, reliability, or completeness
Warranties that the software will be error-free or uninterrupted
Warranties regarding data security or privacy

1.2 Pre-Release Nature

You acknowledge that:

This beta software is not the final product and may differ substantially from the final release
Features may be added, removed, modified, or discontinued without notice
The software may contain bugs, errors, crashes, or data loss issues
Performance and stability are not guaranteed
The beta may be discontinued at any time without notice

2. Audio Recording and Transcription

2.1 Audio Data Handling

THOHT records audio from your microphone for the purpose of speech-to-text transcription. You acknowledge that:

Audio recording functionality may malfunction or fail
Audio quality may vary and affect transcription accuracy
Recorded audio is processed using OpenAI's Whisper framework running locally on your device
In the free tier: Audio is processed entirely on your device and is never transmitted to external servers
In beta Pro features: Transcribed text (not audio) may be sent to third-party AI services for reformatting

2.2 Transcription Accuracy

We make no guarantees regarding transcription accuracy. Transcription quality may be affected by:

Microphone quality and background noise
Speaker accent, pronunciation, or speaking speed
Technical limitations of the Whisper model
Software bugs or errors in beta releases

You are solely responsible for reviewing and verifying all transcriptions before use.

3. Auto-Paste Functionality

3.1 System-Level Access

THOHT's auto-paste feature requires macOS Accessibility permissions, which grant the app system-level access to:

Simulate keyboard input
Monitor active applications
Paste text into other applications

3.2 Auto-Paste Risks

You acknowledge and accept the following risks:

Auto-paste may paste text into unintended applications or fields
Sensitive or confidential information may be pasted in visible locations (e.g., shared screens, public chat channels)
Auto-paste may fail or malfunction, resulting in data loss or incorrect text insertion
System-level permissions could theoretically be exploited if the app contains security vulnerabilities

We strongly recommend reviewing all transcriptions before allowing auto-paste to execute.

3.3 No Liability for Auto-Paste Issues

We are not responsible for any damages, data loss, privacy breaches, or other issues arising from the auto-paste functionality, including but not limited to:

Text pasted into incorrect applications or recipients
Exposure of sensitive information via auto-paste
Data corruption or loss caused by auto-paste malfunctions
Unintended actions triggered by pasted text (e.g., commands executed in terminal applications)

4. Beta Pro Features and Third-Party AI Services

4.1 Beta AI Reformatting

Beta Pro subscription features include AI-powered text reformatting via third-party cloud services:

Venice.ai

4.2 Third-Party Data Transmission

When you use beta Pro reformatting features, your transcribed text is transmitted to third-party AI providers over the internet. You acknowledge that:

We have no control over how these third parties process, store, or handle your data
We cannot verify their privacy claims or security practices
We are not responsible for data breaches, unauthorized access, or misuse by third parties
These services operate under their own terms of service and privacy policies
Service availability, response times, and output quality are not guaranteed

4.3 API Failures and Service Interruptions

Beta AI reformatting features may experience:

API rate limiting or quota exhaustion
Service outages or downtime
Slow response times or timeouts
Inaccurate, incomplete, or inappropriate AI-generated output
Sudden changes to third-party API terms or pricing

We provide no guarantee of availability, reliability, or quality for beta Pro features.

5. Data Handling and Privacy

5.1 Local Data Storage

THOHT stores transcription history locally on your device. You acknowledge that:

We are not responsible for data loss due to software bugs, crashes, macOS updates, or device failures
No backups are provided - you are responsible for backing up your own data
Data may be lost if you uninstall the app or reset app data
Local storage may contain sensitive or confidential information - secure your device accordingly

5.2 Beta Privacy Limitations

During the beta period:

Privacy features may be incomplete or under development
Data handling practices may change before final release
Privacy Policy may be updated without notice
Additional data collection may be introduced for debugging purposes

5.3 Sensitive and Confidential Information Warning

WE STRONGLY ADVISE AGAINST dictating sensitive or confidential information into THOHT beta. While we cannot prevent you from doing so, you should be aware of the risks when dictating:

Passwords, API keys, or authentication credentials
Protected health information (PHI) or medical records
Financial account numbers or payment card information
Social Security numbers or government-issued IDs
Trade secrets or proprietary business information
Attorney-client privileged communications
Any information subject to legal confidentiality obligations

If you choose to dictate sensitive information, you do so entirely at your own risk. We are not responsible for exposure, loss, breach, or misuse of any sensitive or confidential information you choose to dictate, whether stored locally or transmitted to third-party AI services.

6. Beta Feature Instability

6.1 Experimental Features

The beta may include experimental features that:

May not function as intended
May be removed or significantly changed in future releases
May cause app crashes, freezes, or performance issues
May conflict with other macOS features or third-party applications

6.2 Known Beta Limitations

Beta features currently under development or testing include (but are not limited to):

Pause/resume recording functionality
Tutorial system and guided onboarding
Custom prompt creation and management
Recording indicators and UI overlays
Memory pressure handling and model unloading
Multi-language transcription support

These features may be unstable, incomplete, or subject to breaking changes.

7. Limitations of Liability

7.1 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THOHT BETA SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE BETA (WHICH IS $0 FOR TESTFLIGHT BETA DISTRIBUTION).

7.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR:

Loss of data, transcriptions, or recordings
Business interruption or lost productivity
Loss of profits or revenue
Exposure of confidential or sensitive information
Damage to reputation or relationships caused by auto-paste malfunctions
Indirect, incidental, consequential, or punitive damages
Issues arising from third-party AI service providers
Security vulnerabilities or data breaches during beta testing
Incompatibility with macOS updates or third-party software

This limitation applies even if we have been advised of the possibility of such damages.

8. User Responsibilities

8.1 Testing and Feedback

By participating in the beta program, you agree to:

Use the software for testing purposes only, not production/business-critical work
Report bugs, crashes, and issues via TestFlight feedback or our support channels
Provide constructive feedback to help improve the final release
Not rely on beta features for important or time-sensitive tasks

8.2 Compliance with Laws

You are responsible for ensuring your use of THOHT beta complies with:

All applicable local, state, federal, and international laws
Your employer's policies (if using for work-related purposes)
Any confidentiality agreements or legal obligations you are subject to
Third-party terms of service for AI providers (if using Pro features)

8.3 Prohibited Use

You may not use THOHT beta for:

Illegal activities or purposes
Recording conversations without proper consent (where required by law)
Violating others' privacy rights or expectations
Commercial purposes without written authorization
Reverse engineering, decompiling, or attempting to extract source code (beyond TestFlight terms)

9. Termination and Discontinuation

9.1 Beta Program Termination

We reserve the right to:

Terminate the beta program at any time without notice
Remove features or functionality from the beta
Revoke your access to the beta without cause
Discontinue TestFlight distribution and require migration to Mac App Store

9.2 Effect of Termination

Upon termination of the beta program:

Your license to use the beta software immediately expires
You must uninstall the beta version from your device
We are not obligated to provide data migration tools or continued access
Beta Pro subscriptions (if any) will be handled according to Apple's TestFlight subscription policies

10. Intellectual Property Rights

10.1 Ownership

All intellectual property rights in THOHT (including beta versions) remain our exclusive property. This beta license does not grant you any ownership rights.

10.2 Feedback and Suggestions

If you provide feedback, bug reports, or feature suggestions:

We may use your feedback without compensation or attribution
You grant us a perpetual, worldwide, royalty-free license to implement your suggestions
You waive any claims to intellectual property rights in implemented suggestions

11. Third-Party Components

THOHT beta incorporates third-party open-source software and frameworks, including:

OpenAI Whisper (MIT License) - Speech recognition model
whisper.cpp - C++ implementation of Whisper
Venice.ai API - Third-party AI service (separate terms apply)

You are responsible for reviewing and complying with the terms of these third-party services.

12. Modifications to Beta Terms

We may update these Beta Terms of Use at any time by:

Posting updated terms with a new "Last Updated" date
Providing in-app notifications (if technically feasible)
Continuing to use the beta after changes constitutes acceptance

If you do not agree to updated terms, you must immediately stop using the beta and uninstall the app.

13. Governing Law and Disputes

13.1 Governing Law

These Beta Terms shall be governed by the laws of [JURISDICTION TO BE DETERMINED - same as final terms], without regard to conflict of law principles.

13.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at [SUPPORT EMAIL] to attempt informal resolution of disputes.

13.3 Arbitration

Any disputes that cannot be resolved informally may be subject to binding arbitration as specified in the final Terms and Conditions (once published).

14. General Provisions

14.1 Entire Agreement

These Beta Terms, together with Apple's TestFlight Beta Testing Agreement, constitute the entire agreement regarding your use of THOHT beta.

14.2 Severability

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

14.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14.4 Beta-Specific Override

In the event of conflict between these Beta Terms and any future final Terms and Conditions, these Beta Terms shall control for TestFlight beta versions only.

15. Contact Information

For questions, bug reports, or feedback regarding THOHT beta:

Developer: Vanja Ivancevic
Email: vanja.ivancevic@gmail.com
TestFlight Feedback: Use the "Send Beta Feedback" option in TestFlight app

16. Acknowledgment and Acceptance

BY INSTALLING AND USING THOHT BETA VIA TESTFLIGHT, YOU ACKNOWLEDGE THAT:

You have read and understood these Beta Terms of Use
You agree to be bound by these terms
You understand this is pre-release beta software with inherent risks
You accept all risks associated with using beta software
You will not rely on beta features for critical or production work
You understand we have no liability for beta software issues
You will use the software for testing purposes only

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THOHT BETA.

These Beta Terms of Use are subject to change during the beta period. Last updated: November 10, 2025.