Terms of Service

1. ACCEPTANCE OF TERMS AND ELIGIBILITY

By accessing or using the Service, you represent and warrant that:

You are at least 18 years of age (or the legal age of majority in your jurisdiction) and have the full legal capacity to enter into a binding contract.
Your use of the Service does not violate any applicable local, state, national, or international law or regulation.
You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, nor are you listed on any U.S. Government list of prohibited or restricted parties.

2. DESCRIPTION OF SERVICE & THIRD-PARTY PROVIDERS

The Service provides web-based real-time audio capture, speech recognition, and artificial intelligence-powered audio translation through high-performance streaming connections (e.g., WebSockets).

Third-Party Artificial Intelligence Processing: The Service leverages third-party artificial intelligence engines, specifically including but not limited to the Google Gemini API, to perform real-time voice recognition and language translation. By using the Service, you acknowledge and agree that transient audio data transmitted via your session is routed through and processed by these third-party infrastructure providers.

Infrastructure & Payment Sub-processors: You acknowledge that the Service utilizes third-party infrastructure for hosting, authentication, database storage (e.g., PostgreSQL, Redis), transactional communications, and payment processing (e.g., Stripe, Inc.). We are not liable for any service interruptions, data losses, or security breaches attributable to these third-party infrastructure vendors.

Critical Warning

3. USER REPRESENTATIONS & MANDATORY AUDIO CONSENT (WIRETAP & PRIVACY COMPLIANCE)

THIS SECTION IS CRITICAL. READ CAREFULLY.

All-Party Consent Compliance: The Service captures, streams, and processes physical microphone audio and/or browser tab and system audio. In many jurisdictions (including various U.S. states and international jurisdictions), it is illegal to intercept, listen to, record, translate, or transmit audio of any individual without their express prior knowledge and consent ("Wiretap and Eavesdropping Laws").

User Warranty: You represent and warrant that YOU WILL OBTAIN ALL NECESSARY EXPRESS, INFORMED CONSENT from all individuals whose voices, speech, or communications are recorded, captured, translated, or transmitted through your use of the Service BEFORE initiating any translation or audio capture session.

Biometric Data Laws: To the extent that translated audio constitutes biometric information under laws such as the Illinois Biometric Information Privacy Act (BIPA) or similar statutes, you warrant that you are sole administrator of such consent and have obtained all required disclosures and consents from participants.

Complete User Assumption of Risk: You agree that Company has no obligation to verify whether you have obtained proper consent from third parties participating in your audio stream. You assume 100% of the legal, financial, and regulatory risk associated with capturing, transmitting, translating, or recording audio streams using the Service.

4. STRICT PROHIBITION ON HIGH-RISK & HIGH-STAKES APPLICATIONS

Not Designed for Critical Infrastructure: The Service, its real-time WebSocket connection, and the underlying AI translation models are NOT designed, manufactured, or intended for high-risk, life-critical, or high-stakes environments.

Prohibited High-Risk Uses: You are explicitly prohibited from using the Service for:

Medical or Healthcare Uses: Emergency room translation, medical diagnosis, patient consultations, or clinical treatment (the Service is NOT HIPAA compliant).
Emergency Services: Dispatching emergency personnel, calling 911/112, or life-safety operations.
Legal & Official Proceedings: Legal depositions, courtroom proceedings, law enforcement actions, or binding contractual negotiations.
Aviation & Military Operations: Real-time navigation, air traffic control, tactical military communications, or dangerous machinery operations.
Financial Trading: Real-time market execution, high-frequency trading, or binding financial transactions.

No Reliance: Company shall have no liability, damages, or regulatory accountability resulting from your decision to use the Service in any high-stakes, emergency, legal, or medical context.

5. BILLING, CREDITS, AND AUTOMATIC REPLENISHMENT

Credit / Hour Model: Access to translation services is metered based on purchased execution time ("Hours" or "Credits"). Hours are consumed as audio is streamed and translated in real-time.

Payment Processing via Stripe: All payment tokenization, card storage, and processing are handled via Stripe, Inc. We do not store raw credit card credentials on our servers. You agree to abide by Stripe’s Terms of Service and Privacy Policy.

Authorization for Off-Session Auto-Replenishment: If you enable the "Auto-Replenishment" feature in your billing dashboard, YOU EXPLICITLY AUTHORIZE THE COMPANY TO STORE YOUR PAYMENT METHOD AND CHARGE YOUR CARD ON AN OFF-SESSION RECURRING BASIS.

Charges will trigger automatically without additional manual action from you whenever your account credit balance reaches or drops below your designated threshold.
The amount charged will equal the selected replenishment package amount set in your settings.
You may cancel or turn off Auto-Replenishment at any time via your account settings prior to a threshold trigger. Charges already processed prior to cancellation are non-refundable.

No Refunds: All manual credit/hour purchases and automatic credit replenishments are 100% NON-REFUNDABLE, regardless of whether the credits are used or unused, or whether your account is terminated or suspended.

Chargebacks & Disputes: If you initiate an unauthorized chargeback or payment dispute with your bank/credit card issuer for validly billed Auto-Replenishment or manual purchases, Company reserves the right to immediately suspend or terminate your account, forfeit all accrued hours, and pursue collection of disputed funds along with chargeback recovery fees ($50 USD per dispute) and legal fees.

6. AI TRANSLATION DISCLAIMERS & "AS IS" WARRANTY

No Guarantee of Translation Accuracy: Artificial intelligence models generate statistical predictions and are prone to errors, omissions, "hallucinations," delays, dropouts, and incorrect translations. COMPANY DOES NOT GUARANTEE THAT TRANSLATIONS WILL BE ACCURATE, COMPLETE, CORRECT, OR FIT FOR ANY PARTICULAR PURPOSE.

Service Availability & Latency: Real-time WebSocket streaming depends on network bandwidth, client hardware, system audio drivers, and third-party API availability. Company does not guarantee zero latency, uninterrupted service, error-free operations, or uptime availability.

EXPRESS "AS IS" DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, AND NON-INFRINGEMENT.

7. PROHIBITED CONDUCT & INTELLECTUAL PROPERTY

Prohibited Acts: You agree that you will NOT:

Reverse-engineer, decompile, disassemble, or attempt to derive the source code, architecture, or underlying algorithms of the Service.
Circumvent authentication, session tokens, or API rate limits.
Use the Service to stream, record, or transmit illegal, abusive, defamatory, harassing, or hate-speech content.
Use any automated scripts, bots, scrapers, or tools to manipulate or abuse the credit/hour metering system.

Intellectual Property: All rights, title, and interest in and to the Service (excluding raw user audio inputs), including software, UI/UX designs, trademarks, brand assets, code, and documentation, are and will remain the exclusive property of Company.

8. LIMITATION OF LIABILITY

Read this section carefully. It limits our liability to you.

Exclusion of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY LICENSORS (INCLUDING GOOGLE OR STRIPE) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, MISTRANSLATION IMPACTS, STATUTORY WIRETAP PENALTIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.

Total Liability Cap: UNDER NO CIRCUMSTANCES WILL COMPANY’S CUMULATIVE TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

Applicability: THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY VIOLATION, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

9. INDEMNIFICATION (DEFENSE & HOLD HARMLESS)

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND THIRD-PARTY SUPPLIERS (INCLUDING GOOGLE AND STRIPE) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FINES, STATUTORY PENALTIES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO:

Your use or misuse of the Service;
Your violation of any provision of this Agreement or applicable laws;
Your failure to obtain mandatory consent from all participating third parties before capturing, recording, translating, or transmitting their audio;
Any claim that audio captured or translated by you violated a third party's privacy, publicity, wiretap, or biometric rights;
Any reliance by you or a third party on translations produced by the Service in medical, legal, high-stakes, or emergency scenarios;
Any payment disputes or chargebacks initiated by you or your credit card institution.

Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

10. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

CLASS ACTION WAIVER: YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

11. TERMINATION AND MODIFICATION

Termination by Company: We reserve the right, in our sole discretion and without prior notice or liability, to suspend or terminate your account, refuse service, or cancel access if we believe you have violated these Terms, engaged in illegal wiretapping, manipulated payment systems, or engaged in fraudulent activity.

Modification of Terms: We reserve the right to amend these Terms at any time. Updated versions will be posted on our website with a revised "Last Updated" date. Your continued use of the Service after any modification constitutes your acceptance of the updated Terms.

12. CONTACT INFORMATION

If you have any questions regarding these Terms or need to report an inquiry, please contact us at:

Company Name: Sonic Translation, LLC

Mailing Address: 9481 Evergreen Pl, Davie, FL 33324, Sonic Translation, LLC

Support Email: [email protected]