These Terms of Service ("Terms") constitute a legally binding agreement between you ("Licensee," "User," or "You") and Murmr ("Company," "We," "Us," or "Our") governing your acquisition, installation, and deployment of the Murmr desktop application software (the "Software").
Section 01Acceptance of Terms and Eligibility
By entering your email address, checking the agreement boxes, and downloading, installing, or executing the Software, you sign, execute, and assent to be bound by these Terms. If you do not agree to every provision herein, do not check the boxes, provide your email, or download the Software.
You explicitly represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and 18, you represent that you have reviewed these Terms with your parent or legal guardian and that they consent to your execution of this agreement and use of the Software.
Section 02License Grant
Subject to compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and run the machine-executable binary code of the Software on devices solely owned or controlled by you.
Section 03Strict Prohibitions and Use Restrictions
The license granted to you is explicitly conditioned upon strict adherence to the following negative covenants. You agree that you will not, under any circumstances, execute or facilitate the following:
Jailbreaking and modification
You shall not modify, adapt, alter, translate, or create derivative works of the Software binary, configuration files, or underlying assets.
Reverse engineering and extraction
You shall not reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive or extract the source code, system prompt architecture, internal instructions, or proprietary algorithms embedded within the Software.
Licensing circumvention
You shall not bypass, disable, crack, tamper with, or circumvent any cryptographic license validation, copy protection, or digital rights management structures integrated into the Software.
Unauthorized reselling and commercialization
You shall not sell, lease, rent, redistribute, sublicense, host as a service, or otherwise commercially exploit the Software binary or its internal components without explicit, prior written authorization from the Company.
Section 04Intellectual Property, Content Ownership, and Upstream Models
Company ownership
The Company retains exclusive title, copyright, ownership, and all intellectual property rights in and to the Software, including but not limited to the underlying source code, user interface designs, visual assets, unique workflows, and brand assets.
User content ownership
You retain exclusive, unencumbered ownership of all data inputted into the Software (e.g., audio recordings, dictations) and all outputs generated by the local models (e.g., transcripts, text variations). Because this data is processed and stored locally on your hardware, you maintain sole legal liability and operational custody for your content.
Third-party open-source assets
The Software facilitates the download and local execution of third-party open-source artificial intelligence models. You acknowledge that these models are hosted and maintained by independent third parties, governed by their respective open-source licenses, and are not the intellectual property of the Company.
Section 05Financial Terms and No-Refund Policy
"Free for Life" designation
Tiers explicitly marketed as "Free for Life" grant you a perpetual, non-recurrent license to access the core functionalities designated at the point of download. This promise applies exclusively to the local deployment model and does not bind future cloud-interfaced utilities.
No refunds
All payments made via our payment gateway (Stripe) are final. Because the Software is a digitally delivered product that executes locally immediately upon download, the Company maintains a strict NO REFUNDS policy.
Section 06Disclaimer of Warranties
THE SOFTWARE AND EXTERNALLY FETCHED OPEN-SOURCE COMPUTATIONAL MODELS ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the foregoing, the Company provides no warranty or undertaking that the local AI models will generate 100% accurate or error-free transcriptions, that the third-party model repositories will remain accessible or available, nor that the Software will function without interruption or meet any performance standards on your specific local hardware configuration.
Section 07Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, OR FOR COMPUTER OR HARDWARE FAILURE OR MALFUNCTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THIRD-PARTY OPEN-SOURCE MODELS.
Section 08Mandatory Binding Arbitration and Class Action Waiver
Dispute resolution
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Software (collectively, "Disputes") will be settled strictly by binding, individual arbitration, rather than in a court of law.
Arbitration administration
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by these Terms. The arbitration will be conducted confidentially before a single neutral arbitrator.
Class action waiver
YOU AND THE 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 OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Exception
As an exception to binding arbitration, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (such as unauthorized reselling, software modifications, or jailbreaking).
Section 09Governing Law and Jurisdiction
These Terms, and all claims or causes of action arising out of or relating to these Terms or the use of the Software, shall be governed by, and construed in accordance with, the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located within the State of Delaware.
Section 10Future Amendments and Severability
We reserve the right to amend or replace these Terms at any time to accommodate subsequent structural shifts, such as the introduction of optional monthly subscriptions, remote cloud API infrastructure, or regulatory adjustments. Continued use of the Software after any such modification constitutes complete acceptance of the updated terms. If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.