Terms of Use

Terms of Service

The contract that governs how you use Dictata, including account rules, billing, and limitations of liability.

Terms of Service

1. Introduction

Welcome to our application (the "App"). These Terms of Service ("Terms") govern your access to and use of the App and related services ("Service"). By downloading or using the App, you agree to be bound by these Terms.

The Service is provided by Kirill Zolygin, who operates the App as a German sole proprietor (Einzelunternehmer) (referred to as "we," "us," or "our"). You must agree to these Terms to use the App. If you do not agree, please do not use the Service.

We may update these Terms from time to time. We will notify you of any material changes (for example, via email or within the App). Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

2. Accounts and Eligibility

To use the App, you must create an account using a valid email address. We use a passwordless "magic link" login system: when you sign in, we will send a one-time login link to your email to verify your identity. You are responsible for maintaining access to your email account; anyone with access to your email could potentially access your App account.

Eligibility: You must be at least 18 years old to use the Service. The Service is intended for adult users. By using the App, you represent that you meet this age requirement. We do not knowingly collect personal data from anyone under this age. If you are under 18, do not use this Service.

The Service is currently offered for individual use. If you wish to use the Service on behalf of a company or organization, please contact us for separate arrangements.

3. Service Plans and Subscription

We offer multiple usage options for the App:

  • Cloud (Global): Your inputs are processed using OpenAI’s global infrastructure outside the EU. This is a subscription service.
  • Cloud (EU): Your inputs are processed using Microsoft Azure servers that we deploy inside the European Union (currently Sweden, Germany, or France). This is a subscription service and may be priced slightly higher due to regional hosting costs.
  • Bring Your Own Key (BYOK): You provide your own API key (e.g., an OpenAI API key) to use the Service. This option is intended for advanced users. It is free (no subscription fee from us), but usage is capped at 2,000 words per day. You are responsible for any costs associated with your API provider.
  • Offline (Local): Planned for future release. This mode will allow the App to run AI models locally on your device without sending data to any cloud. Pricing and availability of this option are not yet determined and it is not currently active.

Free Trial, Withdrawal Rights, and Renewals: When you activate a paid Cloud plan for the first time you receive a 14-day free trial with the full feature set. Under Directive (EU) 2011/83/EU you have the right to withdraw from the subscription within 14 days without giving reasons. By starting the trial you explicitly request that we begin providing the digital service immediately. If you withdraw during the cooling-off period after the paid plan has started, you will owe only the proportionate amount for the service already provided up to the time you notify us. To exercise the right of withdrawal, cancel via the account settings or email info@dictata.com with your LemonSqueezy order ID (you may also use the EU model withdrawal form available at https://commission.europa.eu/system/files/2020-02/model-withdrawal-form_en.pdf). LemonSqueezy, acting as our merchant of record, handles refunds in line with EU consumer rules. If you do not cancel before the trial ends, the subscription converts automatically to the billing period you selected.

Subscription Lengths and Taxes: Cloud subscriptions renew automatically every month by default (or yearly if you explicitly select an annual plan) until cancelled. Fees for the upcoming term are charged on the renewal date. All consumer-facing prices inside the App are gross prices that already include the VAT or other consumption taxes calculated for your billing country. LemonSqueezy determines, collects, and remits those taxes; you will receive their invoice showing the applicable rate.

Payments: All payments and invoicing are processed securely by LemonSqueezy. We never store your full payment details. By subscribing to a paid plan, you authorize LemonSqueezy to charge the payment method you supply for recurring subscription fees according to the selected billing interval. Any refunds or chargebacks are administered through LemonSqueezy’s support workflows.

You can cancel your subscription at any time via the account settings or by contacting us. If you cancel, you will retain access to the paid features until the end of the current billing period that you have already paid for. We do not offer prorated refunds for cancellations mid-cycle, unless mandatory consumer law requires one.

We reserve the right to change our plans or pricing. If pricing changes for your existing subscription, we will give you at least 30 days’ advance notice and the opportunity to cancel if you do not agree.

4. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You are responsible for all content that you input into the Service (such as text or voice data) and the results you obtain from the Service.

Prohibited Uses: You may NOT:

  • Use the Service to engage in illegal activities or transmit any unlawful, defamatory, or otherwise objectionable content.
  • Use the Service to upload or share sensitive personal data, confidential information, or any content that you do not have the right to use. (For example, do not input personal health information, as the Service is not HIPAA-compliant and not designed to process protected health information.)
  • Attempt to exploit or harm the Service, such as by introducing viruses or malicious code, or by reverse engineering, scraping, or otherwise attempting to extract the underlying source code or data.
  • Use the Service in any manner that could disrupt, damage, or impair the Service or interfere with any other party's use of the Service (e.g., by burdening the system with automated queries beyond allowed limits).

User Responsibilities:

  • Content Responsibility: You are solely responsible for the content you submit and any output generated. We do not actively monitor what you input; however, be aware that your inputs will be processed by third-party AI providers (see Section 5). Avoid sharing personal or sensitive information that you do not want handled by such external services.
  • Compliance with Provider Policies: Our Service integrates APIs from OpenAI and Microsoft Azure. By using the App, you also agree to abide by the usage policies of these providers (for example, OpenAI's content guidelines). If you use the BYOK option with your own API key, you must comply with your API provider’s terms and usage policies.
  • No Misuse: Do not attempt to use the AI features to generate disallowed content (such as hate speech, harassment, explicit sexual content, or anything that violates the providers' policies). If we detect misuse, we may suspend or terminate your access.

We reserve the right to terminate or suspend your account if you violate any of these acceptable use rules or any other provision of these Terms.

5. Privacy and Data Handling

Your privacy is important to us. Please review our Privacy Policy for details on how we collect, use, and protect your data. By using the Service, you consent to the processing of your data as described in the Privacy Policy.

Data Processing by Third Parties: When you use the App, any text or voice input you provide will be sent to our third-party AI service providers so they can generate responses or transcriptions. In Cloud (Global) mode we rely on OpenAI’s own infrastructure. In Cloud (EU) mode we use Microsoft Azure OpenAI deployments that currently host GPT-4.1-mini for generation and GPT-4o-mini-transcribe for speech-to-text. According to Microsoft’s “Data, privacy, and security for Azure OpenAI” documentation, prompts and completions stay within the customer-selected Azure geography, are not stored in the models, and are not used to train Microsoft or third-party products. Azure’s abuse-monitoring service may temporarily store only those prompts that are flagged for harmful use in a logically separated data store within the same geography, and any human review for EU deployments is carried out by Microsoft personnel located in the European Economic Area. We will execute the standard Microsoft data processing agreement (DPA) and make it available upon request once our legal entity registration is complete.

Routing Choices, International Transfers, and Logs: If you select Cloud (EU), we will not knowingly send your prompts outside the EU/EEA for processing. If you select Cloud (Global) you instruct us to route your content to service providers outside the EU, such as in the United States, and you provide explicit consent under Articles 44 and 49(1)(a) GDPR for that transfer. In both routing modes we record minimal service logs (timestamps, plan type, usage counters) for security, billing, and fraud prevention. AI providers may also keep short-lived operational logs as described in their own product terms. When we enable limited logging or “modified abuse monitoring” with Azure, only automated analysis without storage will occur unless you later re-enable full monitoring.

Data Residency: If you choose the Cloud (EU) mode, we will route your data to servers in the European Union for processing and store Azure-hosted content (including any abuse-monitoring snapshots) only within the EU geography assigned to your workspace. If you choose the Cloud (Global) mode (OpenAI), your data may be processed on servers outside of the EU (for example, in the United States) and will therefore be subject to the laws of those jurisdictions. We rely on your explicit selection of service mode as evidence of consent to transfer your data internationally solely for operating the App.

We do not claim ownership of the content you provide through the Service. You retain all rights to your own input data and the outputs generated for you. However, you grant us a license to process and transmit your content as needed to provide the Service (including sending it to the AI providers and displaying results to you). This license is limited to operating and improving the Service and fulfilling your requests.

6. Intellectual Property

All software, code, algorithms, interfaces, graphics, trademarks, and other content provided by us in the App or on our website are the intellectual property of Kirill Zolygin (or its licensors) and are protected by applicable intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the App and Service in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our provided content or software, nor may you reverse engineer or attempt to extract the source code of the software, except as permitted by law.

You retain any rights you hold in the content that you create or input. We do not own your data. However, as described above, by using the Service you give us permission to handle your content as needed to operate the Service.

If you provide feedback or suggestions to us regarding the Service, we may use your feedback without obligation to you.

7. Disclaimers

No Warranty: The Service is provided "as is" and "as available" without any warranties of any kind, express or implied. We do not guarantee that the App will be uninterrupted, error-free, or meet your expectations. Use of the Service is at your own risk.

The AI models used in our Service (whether provided by OpenAI, Microsoft, or others) may occasionally produce incorrect or undesirable results. We do not guarantee the accuracy, completeness, or usefulness of any output from the Service. You should not rely solely on the App for making important decisions. For example, the Service’s outputs should not be considered professional advice (medical, legal, financial, or otherwise).

Not Professional Advice: Any information or content presented by the AI is for general informational purposes. It is not a substitute for professional advice. You should consult appropriate professionals for any specific advice needed. We explicitly disclaim liability for any actions you take based on the AI outputs.

No HIPAA Compliance: The Service is not compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA) or similar healthcare data privacy laws. The App is not designed to process or store health or medical information. We strongly advise you not to input any health-related personal data into the Service. We will not be liable for any damages that result from you using the Service for medical or health-related purposes.

Availability: We strive to keep the Service up and running, but all online services suffer occasional disruptions. We do not guarantee that the Service will always be available or that it will be free of errors, bugs, or harmful components.

8. Limitation of Liability

To the fullest extent permitted by applicable law, we (and our suppliers or licensors) shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, data loss, or cost of procurement of substitute goods or services, arising out of or in connection with your use of the Service or inability to use the Service.

In jurisdictions that do not allow the exclusion or limitation of certain liabilities, our liability shall be limited to the maximum extent permitted by law.

For users in the European Union: We will be liable without limitation for damages resulting from injury to life, body, or health caused by our negligence or intentional conduct, and for damages caused by intentional misconduct or gross negligence. In the event of a breach of essential contractual duties (cardinal obligations) through slight negligence, our liability is limited to the amount of foreseeable damage typical for this type of contract. Essential contractual duties are those duties which must be fulfilled to facilitate the proper execution of the contract and which you can regularly expect to be fulfilled. Other than that, we shall not be liable for slight negligence.

Subject to the foregoing carve-outs, our total aggregate liability to you for any and all claims arising from or related to the Service is limited to the amount you have paid us in the last 12 months for the Service (if any). This contractual cap does not apply to the categories of loss that cannot be limited under mandatory consumer law. If you have not paid anything (for example, during a trial or using a free service), then we shall have no financial liability to you, to the extent permitted by law.

Nothing in these Terms shall limit any rights you may have under mandatory consumer protection laws, statutory warranty rights, or any liability that cannot be excluded or limited under applicable law.

9. Termination

You may stop using the App and terminate your account at any time. If you wish to delete your account and all personal data associated with it, please contact us at our support email (see Contact Information below).

We reserve the right to suspend or terminate your access to the Service (with or without notice) if:

  • You violate these Terms or any applicable law or regulation;
  • You engage in misuse of the Service (such as the prohibited uses outlined above);
  • Your subscription payment is overdue and remains unpaid despite reminder notices;
  • We discontinue the Service entirely.

Upon termination, your right to use the Service will immediately cease. If your account is terminated due to a violation of these Terms, you will not be entitled to any refunds for any remaining subscription period. When you request account deletion we purge the associated workspaces, recordings, transcripts, usage logs, and preferences from our production systems and instruct our processors (including LemonSqueezy and Azure) to do the same, except where we must retain data for legal compliance (see our Privacy Policy for details on retention periods). To prevent duplicate use of the free trial, we may retain a one-way cryptographic hash of your email address in a separate list solely for fraud-prevention purposes and on the legal basis of our legitimate interest under Article 6(1)(f) GDPR. That hash cannot be reversed into the underlying email, is not combined with other identifiers, and will be deleted once we no longer need it for that narrowly defined purpose. This safeguard will only be activated after the corresponding feature has been deployed; until then, no hashed identifiers are stored.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Federal Republic of Germany, without regard to its conflict of law principles, provided that this choice of law does not deprive you of any protection under consumer law in your country of residence.

If you are a consumer in the European Union, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. Nothing in these Terms affects your rights as a consumer to rely on such mandatory local law.

The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr. We employ fewer than 10 people and are therefore not obliged to participate in a consumer arbitration procedure under §36(3) VSBG. We are currently neither willing nor obliged to participate in such a dispute resolution procedure.

11. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, you can contact us at:

Kirill Zolygin
Email: info@dictata.com

Address: ℅ Opus, Grunewaldstraße 91, 10823 Berlin, Germany.