Terms of Use

Important Translation Disclaimer

1. Agreement to Terms

By downloading, installing, accessing, or using the OmniTalk mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

You must be at least 13 years of age to use this App. By using the App, you represent and warrant that you meet this age requirement.

We reserve the right to modify these Terms at any time. Continued use of the App after any such changes constitutes your acceptance of the new Terms.

2. License Grant

Subject to your compliance with these Terms, OmniTalk grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes.

This license does not allow you to:

• Distribute, sublicense, lease, rent, or lend the App to any third party
• Use the App on devices you do not own or control
• Copy the App except as permitted by this license and the Usage Rules
• Modify, reverse engineer, decompile, or disassemble the App
• Use the App for any commercial purpose without express written consent

3. Accuracy Disclaimer

Speech recognition, translation, and text recognition in OmniTalk are performed by automated machine-learning systems and are provided "as is" without warranties of any kind.

You acknowledge and agree that:

• Machine translation may contain errors, omissions, mistranslations, or awkward phrasing
• Speech recognition may transcribe words incorrectly, particularly with background noise, accents, or uncommon vocabulary
• Optical character recognition (OCR) of signs, menus, and documents may be inaccurate
• Translation quality varies by language pair and by whether on-device or cloud translation is used
• You are solely responsible for verifying any translation before relying on it for important decisions

4. Subscriptions and Purchases

OmniTalk offers an optional PRO subscription that unlocks premium cloud-based speech recognition. Subscriptions are billed through your Apple ID account via the App Store.

• Payment is charged to your Apple ID account at confirmation of purchase
• Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period
• You can manage and cancel subscriptions in your App Store account settings
• No refunds are provided for unused portions of a subscription period, except as required by law or Apple's policies
• Prices may change; you will be notified in advance and may cancel before a change takes effect

5. Fair Use of Cloud Services

Cloud translation and PRO speech recognition rely on third-party services with usage costs. We may apply reasonable usage limits to prevent abuse. You agree not to use automated systems to generate excessive requests, resell access to the App's cloud features, or otherwise abuse the service.

6. Prohibited Uses

You agree not to:

• Use the App to record or transcribe individuals without their knowledge or consent where such consent is required by law
• Use the App in violation of any applicable law or regulation
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Circumvent, disable, or interfere with security-related features or usage limits
• Use any automated system to access the App or its backing services
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the integrity or performance of the App

7. Recording Consent

OmniTalk processes live audio to provide translation. Laws about recording and processing conversations vary by jurisdiction — in many places, all parties to a conversation must consent. You are solely responsible for obtaining any consent required by the laws that apply to you before using the App in a conversation with another person.

8. Intellectual Property

The App, including all content, features, and functionality, is owned by OmniTalk and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

You may provide feedback, comments, or suggestions about the App. You agree that we may use such feedback without any obligation to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMNITALK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM MISCOMMUNICATION, MISTRANSLATION, OR MISTRANSCRIPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP.

You expressly understand and agree that:

• OmniTalk is not liable for any outcomes resulting from your reliance on translations provided by the App
• You use the App at your own risk and are solely responsible for verifying important communications
• Our total liability to you for any damages shall not exceed the amount you paid for the App in the twelve months preceding the claim, if any
• Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you

10. Indemnification

You agree to defend, indemnify, and hold harmless OmniTalk and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the App
• Your violation of any term of these Terms
• Your violation of any third-party right, including privacy or recording-consent laws
• Any claim that your use of the App caused damage to a third party

11. Maintenance and Support

OmniTalk is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish any maintenance and support services with respect to the App.

12. Warranty Disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OMNITALK DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.

13. Third-Party Services

The App relies on third-party services (including Apple translation and speech frameworks and cloud translation and speech recognition providers) that are outside our control. We are not responsible for the availability, accuracy, or performance of these services, and features that depend on them may be modified or discontinued.

14. Product Claims

OmniTalk, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to:

• Product liability claims
• Any claim that the App fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection, privacy, or similar legislation

15. Intellectual Property Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, OmniTalk, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

16. Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a Canadian or U.S. Government embargo; (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties; and (iii) your use of the App complies with all applicable laws and regulations.

17. Apple Terms

You acknowledge and agree that:

• These Terms are between you and OmniTalk only, and not with Apple Inc. ("Apple")
• OmniTalk, not Apple, is solely responsible for the App and its content
• Apple has no obligation to provide any maintenance or support services for the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); Apple has no other warranty obligation
• Apple is not responsible for addressing any claims by you or any third party relating to the App
• Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary
• You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement)

18. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the App will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the App shall be resolved exclusively in the courts located in Alberta, Canada, and you consent to the personal jurisdiction of such courts.

20. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

21. Contact Information

If you have any questions about these Terms, please contact support.

By using OmniTalk, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.