Terms of Use

These Terms of Use (hereinafter these "Terms") constitute an agreement between Shosin Labs, an independent software studio (hereinafter the "Developer"), and each person who installs or uses the Murmur application (hereinafter the "Application"; such person, the "User"), governing the use of the Application and of the services to which the Application connects (hereinafter the "Service"). By installing or using the Application, the User accepts these Terms. A User who does not accept these Terms shall not use the Application.

Article 1 (Purpose)

These Terms set forth the conditions under which the Developer licenses the Application to the User and provides the Service, and the rights and obligations of the Developer and the User in connection therewith.

Article 2 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

• (a) "User Content" means the audio recorded by the User with the Application, the transcripts produced by the Application therefrom, and the notes and speaker names entered by the User;
• (b) "Privacy Policy" means the privacy policy of the Developer for the Application, as amended from time to time;
• (c) "Cloud Transcription" means the optional function of the Application by which the audio of a recording selected by the User is transcribed on servers used by the Developer, as set forth in the Privacy Policy;
• (d) "Account" means the account record created with the Developer when the User signs in with a Google account in order to use Cloud Transcription; and
• (e) "Allowance" means the monthly quantity of Cloud Transcription made available to each Account.

Article 3 (Grant of Licence)

Subject to these Terms, the Developer grants the User a personal, non-exclusive, non-transferable and revocable licence to install and use the Application on devices owned or controlled by the User. The Application is licensed, not sold, and the Developer reserves all rights in the Application that are not expressly granted to the User under these Terms.

iOSOn iOS, the licence set forth in the preceding paragraph is further subject to the Apple Media Services Terms and Conditions, including the Licensed Application End User License Agreement, and to the usage rules set forth therein.

AndroidOn Android, where the User has installed the Application from Google Play, the licence set forth in the preceding paragraph is further subject to the Google Play Terms of Service. Where the User has installed the APK distributed directly by the Developer for regions in which Google Play does not operate, such store terms shall not apply and these Terms shall constitute the entire agreement between the Developer and the User. The User shall download the APK solely from this website.

Article 4 (User Content)

User Content belongs to the User, and the Developer claims no rights therein. As set forth in the Privacy Policy, User Content remains on the device of the User unless the User deliberately selects Cloud Transcription for a particular recording.

By submitting a recording for Cloud Transcription, the User grants the Developer permission to process such recording for the sole purpose of producing its transcript and returning it to the User, and to retain it for the retention period stated in the Privacy Policy for the purposes of investigating problems and counting the usage of the User. No other right is granted to the Developer thereby. The Developer shall not use the recordings of the User to train models and shall not provide them to any third party for the training of models.

Since User Content stored on the device is not held by the Developer, the Developer is unable to recover it. The User should export any User Content the loss of which the User cannot afford.

Article 5 (Compliance with Laws on Recording)

Whether the User may record a conversation, and whether the User is required to notify the other participants therein, depends upon the place in which the User is located and upon the persons concerned. Certain countries and certain states of the United States require the consent of every person being recorded, and workplaces, schools, courts, hospitals and public transport frequently impose rules in addition to those of applicable law.

The User shall be solely responsible for using the Application lawfully, including for obtaining any consent that is required, for giving any notice that the User is obliged to give, and for any subsequent use of a transcript. The Developer provides a tool, has no knowledge of the circumstances of the User, and gives no legal advice with respect thereto.

Article 6 (Accuracy of Transcription)

Transcripts are produced by a speech-recognition model and will from time to time be inaccurate, including by mishearing words, by producing plausible words that were not spoken, and by attributing a statement to the wrong speaker, and such inaccuracies occur more frequently in the presence of accents, overlapping speech, background noise and specialist vocabulary. The same applies to translation and to speaker identification, which groups voices that it determines to belong to the same person and constitutes a statistical judgement rather than the identification of a natural person.

The User shall not rely on a transcript produced by the Application as a record of what was actually said in any circumstances in which an inaccuracy would be material, including legal proceedings, medical decisions, disciplinary processes and contracts, and shall verify any such transcript against the audio, which the Application retains for that purpose.

Article 7 (Account and Cloud Transcription)

On-device transcription requires no Account and is provided free of charge. Cloud Transcription requires that the User sign in with a Google account, whereupon an Account is created with the Developer, and is subject to the Allowance. Upon the exhaustion of the Allowance, Cloud Transcription shall be unavailable until the Allowance is renewed, and on-device transcription shall remain available.

The User shall not share the Account with any other person, and shall not use the Account to submit audio which the User has no right to submit, to submit unlawful material, or to circumvent the Allowance by automated means. The Developer may suspend any Account used in such manner. The Developer may change the Allowance with prospective effect, provided that the Developer shall give notice of any reduction of the Allowance before such reduction takes effect.

The User may delete the Account from within the Application at any time. Such deletion shall permanently erase the Cloud Transcription data held by the Developer in respect of the User, as set forth in the Privacy Policy.

Article 8 (Murmur Pro) iOS

Murmur Pro is a one-time in-app purchase and not a subscription. It is purchased once, remains associated with the Apple Account through which it was purchased, and gives rise to no recurring or further charge.

The free version of the Application is permanent and is not a trial. Recording, on-device transcription, speaker identification, translation and export are provided free of charge, and every recording previously made by the User remains fully the User's own. Murmur Pro removes a single limitation, namely the point at which a single free on-device transcription pass stops, of which the Application notifies the User before, and not after, such pass is performed.

The price of Murmur Pro is that displayed in the App Store for the region of the User at the time of purchase, and may be changed for future purchasers. Murmur Pro is sold, and payment therefor is processed, by Apple; the Developer takes no payment and does not receive the payment details of the User. The User may restore the purchase on other devices through the App Store.

Refunds for purchases made through the App Store are handled by Apple in accordance with its own policy and not by the Developer, and requests therefor shall be made to Apple through reportaproblem.apple.com. The User may nonetheless contact the Developer in the event that a purchase did not function as intended.

Article 8 (Absence of Purchases on Android) Android

The Application for Android currently offers nothing for sale and contains no paywall or purchase function. On-device transcription is provided free of charge and without limitation, and signing in grants the Allowance set forth in Article 7 and not a trial of any product offered for sale.

Any subscription purchased in an earlier version of the Application shall continue to be honoured for the period paid for, and shall be managed and cancelled through Google Play and not by the Developer.

Article 9 (Prohibited Conduct)

The User shall not engage in any of the following acts:

• (a) copying, redistributing, reselling or renting the Application, or representing it as the User's own;
• (b) decompiling or reverse engineering the Application, except to the extent that applicable law expressly permits such acts notwithstanding an agreement such as these Terms;
• (c) attacking, overloading or probing the Service, or attempting to gain access to the data of any other person thereon;
• (d) using the Application in violation of any law, to record any person whom the User has no right to record, or to harass or conduct surveillance of any person; or
• (e) attempting to obtain paid features without paying for them.

Article 10 (Changes to the Application and the Service)

The Developer develops the Application on a continuous basis; features may be added, changed or withdrawn, and a future version of the Application may require a more recent operating system. The Service may be unavailable by reason of maintenance, of the unavailability of a provider on which it depends, or of its discontinuation by the Developer. The Developer shall give notice before withdrawing Cloud Transcription in its entirety, and on-device transcription does not depend on Cloud Transcription.

iOSIn the event that the Developer is required to withdraw a capability for which Murmur Pro was purchased, the Developer shall give notice thereof before, and not after, such withdrawal.

Article 11 (Disclaimer of Warranties)

The Application and the Service are provided "as is" and "as available". To the extent permitted by applicable law, the Developer makes no warranty with respect thereto, including any warranty that they will be uninterrupted, error-free or fit for a particular purpose, and expressly makes no warranty that any transcript, translation or speaker attribution is accurate. Where the law of the country of the User does not permit such exclusions, this Article shall apply to the User only to the extent so permitted.

Article 12 (Limitation of Liability)

To the extent permitted by applicable law, the Developer shall not be liable for any indirect or consequential loss, loss of profits, loss of opportunity or loss of data arising from the use of the Application by the User, including any loss arising from a recording that failed, a transcript that was inaccurate, or the manner in which the User used either of them. The total liability of the Developer for any claim in connection with the Application shall be limited to the amount paid by the User to the Developer in the twelve months preceding such claim, which, in respect of the free version of the Application, is nil.

Notwithstanding the foregoing, nothing in these Terms shall limit any liability which cannot be limited under applicable law, including liability for death or personal injury caused by negligence and liability for fraud.

Article 13 (Apple) iOS

These Terms are concluded between the User and the Developer only, and not with Apple, and Apple is not responsible for the Application or the content thereof. Without prejudice to the foregoing, the User acknowledges and agrees that:

• (a) Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application, and such support shall be provided by the Developer at the address set forth in Article 17;
• (b) in the event of any failure of the Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the Application to the User, and, to the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever with respect to the Application;
• (c) Apple is not responsible for addressing any claim of the User or of any third party relating to the Application, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation;
• (d) in the event of any third-party claim that the Application infringes the intellectual property rights of such third party, the Developer, and not Apple, shall be responsible for the investigation, defence, settlement and discharge of such claim;
• (e) the User represents and warrants that the User is not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that the User is not listed on any United States Government list of prohibited or restricted parties; and
• (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and shall have the right to enforce these Terms against the User.

Article 13 (Google Play) Android

Google is not a party to these Terms, which are concluded between the User and the Developer only, and is not responsible for the Application. Where the User has installed the Application from Google Play, the use of the store by the User is governed by the Google Play Terms of Service, and any matter relating to the store itself, including the Google account of the User, a download or a payment made to Google, shall be a matter for Google.

Article 14 (Termination)

The User may terminate the agreement constituted by these Terms at any time by deleting the Application and, where the User has created an Account, by deleting the Account from within the Application. The Developer may terminate such agreement in the event of a material breach of these Terms by the User. Notwithstanding any termination, those provisions which by their nature are intended to survive shall survive, including the provisions on the termination of the licence, Article 11, Article 12 and the responsibility of the User for what the User recorded under Article 5.

Article 15 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall be the court of first instance for any dispute arising therefrom. Notwithstanding the foregoing, where the User uses the Application as a consumer, this Article shall not deprive the User of the protection of the mandatory consumer law of the country in which the User resides, or of the right to bring proceedings where that law so permits.

Article 16 (Amendment of these Terms)

In the event that the Developer amends these Terms, the Developer shall revise the date set forth at the top of this page, and shall announce any material amendment within the Application or on this website before such amendment takes effect. The continued use of the Application by the User thereafter shall constitute acceptance of the amended Terms, and a User who does not accept the amended Terms shall delete the Application.

Article 17 (Contact)

Enquiries regarding these Terms shall be directed to Shosin Labs at support@shosin-labs.com.

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