Terms of Service

These Terms of Service ("Terms") are a contract between Gizmo Labs Inc., a Delaware corporation doing business as OpenWhispr ("OpenWhispr", "we", "us", or "our"), and you ("Customer", "you", or "your"). They govern your use of OpenWhispr's software, services, and website.

By using OpenWhispr you accept these Terms. Our handling of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For clarity, the following terms have specific meanings throughout this document:

• Service — the OpenWhispr desktop application, the OpenWhispr Cloud API, the openwhispr.com website, and any related software or service we provide.
• Customer / you — the individual or organization using the Service.
• Account — your registered OpenWhispr account.
• Customer Content — audio recordings, transcriptions, notes, prompts, files, and other content you create, upload, or process through the Service.
• Customer Data — Customer Content plus any account information about you or your organization.
• Subscription— a paid plan you've signed up for.
• Subprocessor — a third-party service we use to operate the Service. The current list lives in our Privacy Policy.

OpenWhispr is a desktop dictation, transcription, and meeting-notes tool with an optional AI agent and Google Calendar integration. You choose how your audio is processed:

• Local processing (default). Speech-to-text runs entirely on your device using local open-source models. No audio leaves your computer.
• Bring your own API key. You connect your own API key from a third-party transcription or AI provider. Your audio goes directly to that provider. See §6 for details.
• OpenWhispr Cloud. Our managed transcription service. Audio is sent to our API, processed in real time, and discarded. See our Security page for the current provider list and training opt-outs.

Open-source desktop app. The OpenWhispr desktop application is released under the MIT License. Full source is available on GitHub. The OpenWhispr Cloud API and the openwhispr.com website are proprietary and operated by us.

No service level agreement (SLA). OpenWhispr does not currently offer an SLA for the Service. We aim to provide reliable service but make no uptime commitments. Enterprise customers who need an SLA can contact sales@openwhispr.com for an addendum.

You can create an OpenWhispr account with email and password or by signing in with Google. Some Service features require an account.

• One account per individual or organization
• Keep your credentials safe. What happens under your account is your responsibility.
• Tell us right away if you suspect unauthorized access
• We may suspend or close accounts for serious violations of these Terms or after extended inactivity

Age requirement. OpenWhispr is intended for users aged 13 and over. If you are under 18, you confirm that your parent or legal guardian has read these Terms and agrees to them on your behalf.

OpenWhispr's desktop application is open source under the MIT License — anyone can use, modify, and distribute it freely under that license. The acceptable use rules below apply when you use the proprietary parts of the Service (OpenWhispr Cloud, the website, our APIs), and when applicable law restricts what you may do with any version.

Use OpenWhispr for lawful purposes only. You may not use the Service to:

• Record any individual without their knowledge and consent where required by law (see §8 — recording-consent obligations are on you, not us)
• Transcribe content you don't have the legal right to record or process (copyrighted broadcasts, confidential calls you're not party to, etc.)
• Generate, distribute, or store content that is illegal, harmful, defamatory, harassing, hateful, or that infringes on others' rights
• Create deepfakes, voice clones, or any content intended to deceive or impersonate
• Reverse engineer, decompile, or attempt to extract the source code of the proprietary parts of the Service. The desktop app is MIT-licensed and you can read all of it on GitHub; the OpenWhispr Cloud API and website are not.
• Use outputs generated by the OpenWhispr Cloud API to train, develop, or improve a competing artificial intelligence or machine learning product. This restriction applies only to OpenWhispr Cloud — the MIT-licensed desktop application has no such restriction.
• Bypass rate limits, usage caps, or access controls
• Spam, scrape, or use automated tools to access the Service in a way that disrupts other users
• Resell or sublicense access to OpenWhispr Cloud without our written permission

If you misuse OpenWhispr, we may suspend or close your account, and in serious cases pursue legal remedies.

OpenWhispr lets you connect third-party transcription and AI providers (such as OpenAI, Anthropic, Google Gemini, Deepgram, AssemblyAI, Groq, Mistral, or a custom endpoint) by providing your own API key. The current list of supported providers lives in our Privacy Policy and may change over time.

When you use BYOK, your audio and prompts go directly to the provider you've chosen. We don't see, store, or proxy that traffic. Your relationship is with that provider — and so is theirs with you:

• You're bound by the third-party provider's terms in addition to ours
• You're responsible for your own API costs, rate limits, data handling, and compliance with the underlying provider's policies
• We're not liable for the actions, errors, downtime, or charges of any third-party provider you connect

The Service uses machine learning to generate transcriptions, AI-enhanced notes, agent responses, and other outputs. Like all AI systems, OpenWhispr can produce results that are inaccurate, incomplete, biased, or completely fabricated ("hallucinations").

You are responsible for reviewing and verifying AI-generated content before relying on or acting on it.We don't warrant the accuracy or completeness of any AI output.

AI outputs are not professional advice. Don't use them as the sole basis for legal, medical, financial, safety-critical, or other high-stakes decisions.

You own your Customer Content

OpenWhispr claims no ownership of your audio recordings, transcriptions, notes, or any content you create through the Service. It's yours.

Limited license to operate the Service

You grant us a limited license to process your Customer Content as needed to provide the Service — for example, to transcribe audio you submit, store notes you save, or sync content across your devices. This license is limited to operating the Service for you and ends when you delete the content or close your account.

No training on your data

We will not use Customer Content — audio, transcriptions, notes, or AI agent prompts — to train any artificial intelligence or machine learning model. This is a contractual commitment, not just a privacy promise.

Recording consent is your responsibility

You represent and warrant that you have the legal right to record, transcribe, and process every audio source you use OpenWhispr on. You are solely responsible for complying with applicable wiretapping, two-party consent, and recording-disclosure laws in every jurisdiction where you or any other participant is located.

You will indemnify OpenWhispr against any claim arising from Customer Content you create, upload, or process — including claims that you recorded someone without consent (see also §12 on Indemnification).

• Desktop app — released under the MIT License. Full source on GitHub.
• OpenWhispr Cloud and openwhispr.com — proprietary, licensed (not sold) to you under these Terms.
• Customer Content — yours (see §8).
• Trademarks — the OpenWhispr name, logo, and related marks belong to Gizmo Labs Inc. You may not use them without our written permission.
• Feedback license — if you suggest features, report bugs, or otherwise share feedback with us, we may use that feedback freely without compensation or attribution.

• Free tier — includes 2,000 words per week of OpenWhispr Cloud transcription.
• Paid plans — billed monthly or annually in advance. Plans auto-renew unless you cancel before the next billing date.
• Pricing changes— we'll give 30 days notice before any price change takes effect.
• Payment processor — Stripe handles all payments. We never see your full card number.
• Failed payments — if a payment fails, we may suspend the Service after a grace period.
• Taxes— you're responsible for any applicable taxes.

30-day money-back guarantee.If you're not satisfied with a new paid subscription, contact support@openwhispr.com within 30 days of your first payment and we'll refund you. Refunds are processed to your original payment method within 5–7 business days. The guarantee applies to first-time subscriptions only — not to renewals or custom enterprise work.

Our handling of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes what data OpenWhispr collects, how we use it, who else processes it, and how to control or delete it. A Data Processing Addendum is available on request — contact support@openwhispr.com.

As-is disclaimer

The Service is provided "as is" and "as available", without warranties of any kind, express or implied — including any warranties of merchantability, fitness for a particular purpose, or non-infringement. We don't warrant transcription accuracy, AI output accuracy (see §7), or uninterrupted availability.

Beta or preview features are provided as-is, may change or be removed without notice, and are excluded from any warranties or service commitments.

Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or related to these Terms or the Service is capped at the greater of (a) the fees you paid to us in the 12 months preceding the claim, or (b) USD $100. We are not liable for indirect, incidental, consequential, special, or punitive damages — including lost profits, lost data, or business interruption.

Indemnification

By you. You will indemnify, defend, and hold Gizmo Labs Inc. harmless against any third-party claim arising from (a) your Customer Content, (b) your misuse of the Service, (c) your violation of these Terms or any law, (d) your unauthorized recording or transcription of any individual (see §8), or (e) any third-party AI provider you connect via BYOK (see §6).

By us. We will indemnify, defend, and hold you harmless against any third-party claim that the Service itself, when used in accordance with these Terms, infringes a US patent, copyright, or trademark. This obligation excludes claims arising from your modifications, your combination of the Service with non-OpenWhispr software, beta features, BYOK providers, or Customer Content. Our total indemnification obligation is capped at the limitation of liability above.

Termination

You can stop using OpenWhispr at any time by closing your account or uninstalling the desktop app. We may suspend or terminate your access for violations of these Terms, non-payment, or extended inactivity — with reasonable notice except in cases of serious breach.

What happens to your data

Local data on your device stays under your control until you delete it. Uninstalling OpenWhispr removes the local app data directory. Cloud-synced data is deleted within 30 days of account deletion (matching our Privacy Policy).

Surviving sections. The following provisions survive termination: Customer Content ownership (§8), intellectual property (§9), payment obligations (§10), disclaimers and liability limits (§12), indemnification (§12), governing law (§14), and these survival rules.

Changes to these Terms

We may update these Terms from time to time. We'll notify you of material changes by email and/or an in-app notice at least 30 days before they take effect. Your continued use of OpenWhispr after the effective date means you accept the updated Terms.

Changes to the Service

We may add, modify, or discontinue features at any time. For material changes that reduce functionality you depend on, we'll give reasonable notice. Beta features may change or be removed at any time without notice.

Governing law and venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any legal action must be brought in the state or federal courts located in Delaware (the Court of Chancery for matters of corporate law; the U.S. District Court for the District of Delaware for federal matters).

Before filing any legal action, you agree to first contact support@openwhispr.com to try to resolve the dispute informally.

Export controls

You may not use the Service in violation of US export controls, OFAC sanctions, or in any embargoed country (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine).

Force majeure

Neither party is liable for delays or failures caused by events beyond reasonable control — natural disasters, war, pandemics, internet outages, third-party service failures, or government actions.

DMCA

If you believe content on the Service infringes your copyright, send a DMCA takedown notice to support@openwhispr.com with the subject line "DMCA Notice", including the information required by 17 U.S.C. § 512(c)(3). We respond to valid notices in accordance with the DMCA.

Confidentiality

Each party agrees to protect the other's non-public business information shared during the relationship and not to disclose it without permission, except as required by law.

Publicity

We may identify you as a customer in marketing materials unless you opt out by emailing support@openwhispr.com.

Notices

We notify you by email (to the address on your account) or through an in-app notice. You notify us by email to support@openwhispr.com.

Other provisions

• Severability — if any provision of these Terms is found unenforceable, the rest remains in full force.
• Assignment — you may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Waiver— our failure to enforce any provision doesn't waive our right to enforce it later.
• Entire agreement — these Terms plus the Privacy Policy (incorporated by reference) constitute the entire agreement between you and OpenWhispr regarding the Service, and supersede any prior agreements.

Questions about these Terms? Get in touch:

See also our Privacy Policy and Security page.