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    THOHT Beta - Termos de uso

    Texto jurídico em inglês: Esta página jurídica é exibida apenas em inglês neste momento para manter a precisão.

    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.