Terms of use and end-user license agreement

Earkeep is made by Jakub Kulhan, an independent solo developer in the Czech Republic. The legal entity behind it, and the address for legal notices, is Jakub Kulhan, Pod Hájem 658, 252 66 Libčice nad Vltavou, Czech Republic, company identification number (IČO) 01246062, registered in the Czech business register.

Contact for anything in this agreement: [email protected].

Earkeep is licensed to you, not sold as a copy of software you can do anything with. Buying or trialing Earkeep gives you:

• A personal, non-exclusive license to install and run Earkeep for your own use.
• One device at a time. Each paid license activates on a single device at once. See pricing for how activation works.
• The right to move the license to a different device by deactivating it on the old device first, then activating it on the new one. This is the only form of transfer the license supports.
• All minor and patch updates to Earkeep, at no extra cost, for as long as we ship them. To be clear about what that excludes: if a new major version of the application is released, it is sold separately, and Earkeep the company may introduce other apps and products that are sold separately as well.

The license is non-transferable beyond the device-move mechanism above. You may not redistribute, resell, or share your license key with anyone else; a license key is proof of your purchase, not a shareable asset.

We own Earkeep, including its code, design, and branding. Nothing in this agreement transfers ownership of the software to you: you're licensed to use it, that's all.

Earkeep offers a 14-day free trial with full functionality: no email address, no account, and no credit card required to start it. Everything works during the trial exactly as it does in the paid version, so you can evaluate Earkeep against your real meeting week before paying anything.

The trial is governed by this same agreement. When the trial period ends, Earkeep stops working until you buy a license.

Earkeep is sold through creem.io, our merchant of record. When you buy Earkeep:

• The sale contract for that purchase is between you and Creem, not directly with us. Creem processes your payment, collects VAT and tax, and issues your invoice.
• Creem's own checkout terms apply to the transaction itself, including the EU 14-day statutory withdrawal right for digital content. By completing checkout you consent to immediate delivery of the license key and, per those terms, waive the separate EU withdrawal right for that digital purchase. The money-back guarantee in section 5 gives you an equivalent protection from us directly, on our own timeline.
• After checkout, Creem emails you a license key, which you then activate in Earkeep.

We don't see or store your payment details; that's handled entirely by Creem.

If you buy Earkeep and it doesn't work out, email [email protected] within 14 days of your purchase date for a full refund, no questions asked. This is separate from, and in addition to, whatever Creem's own checkout terms provide.

• Your license includes every minor and patch update we ship to Earkeep, at no additional cost.
• Separately: Earkeep keeps working. If we ever release a paid major upgrade, the version you already own continues to function exactly as it does today. It does not expire, get disabled, or stop working because a new version exists.
• We make no promise of updates beyond the current product major version, and no promise of a discount on any future paid upgrade. A future major version, if one ever ships, would be a separate purchase.

You agree not to:

• Reverse engineer, decompile, or disassemble Earkeep beyond what's expressly permitted by applicable law. Most jurisdictions carve out narrow exceptions, for interoperability among others; this agreement doesn't take those away, but it doesn't grant anything broader either.
• Redistribute, resell, or share license keys, or otherwise circumvent the one-device license limit.
• Use Earkeep to violate the rights of others, including the recording and consent obligations described in section 8.

Earkeep is an always-on tool: while it's running, it continuously captures microphone and system audio and transcribes it locally on your device. You are solely responsible for complying with the recording, wiretapping, and consent laws that apply in your jurisdiction and the jurisdiction of anyone you record.

Many places require you to notify participants, or get their consent, before recording a conversation, and some require consent from every participant, not just you. This varies by country and, in some countries, by region or state. Before using Earkeep to capture meetings, especially meetings involving other people, check what your local law requires and get whatever consent it requires. We don't provide legal advice, and using Earkeep does not make your recording lawful.

Meeting audio is processed only in memory and is never written to disk or sent over network. The transcripts Earkeep produces are saved locally as plain files that belong to you outright. We claim no ownership over your transcripts and no rights to access them; we don't have a server that could access them even if we wanted to, because Earkeep doesn't send them anywhere. See the privacy policy for the full data description.

Earkeep is provided "as is," without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We don't guarantee that Earkeep will be error-free, uninterrupted, or that transcription will be perfectly accurate. Speech-to-text has an inherent error rate, and you shouldn't rely on Earkeep as the sole record of anything safety-critical, legally binding, or otherwise consequential without your own verification.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages arising from your use of Earkeep or earkeep.com, including lost data, lost business, or reliance on inaccurate transcripts. Our total liability for any claim relating to Earkeep is limited to the amount you paid for your license, or, if you're on the free trial, to zero.

Nothing in this agreement limits liability where the law doesn't allow it to be limited, for example liability for gross negligence or willful misconduct, where applicable in your jurisdiction.

This agreement, and your license, ends automatically if you materially breach it, for example by violating section 7. We may also stop offering or supporting Earkeep at any point, though your existing installation keeps working per section 6. You can stop using Earkeep and uninstall it at any time; that doesn't entitle you to a refund outside the terms in section 5.

This agreement is governed by the law of the Czech Republic, and disputes arising under it go to the Czech courts.

If you are a consumer, that does not take anything away from you: the consumer-protection rights you have under the law of the country you live in still apply, whatever this page says, and you can still bring a claim in your own country's courts where the law gives you that right.

We may update these terms as Earkeep or our business changes. When we do, we'll update the effective date at the top of this page. Continuing to use Earkeep after an update means you accept the revised terms; if you don't agree with a change, stop using Earkeep and, if within 14 days of purchase, request a refund per section 5.

Questions about these terms, your license, or anything else: [email protected].