Off the Record Terms of Use
These Terms of Use (the “Terms”) are a legal agreement between you and Breakpoint Technologies Ltd., which does business as Weird Machines (“Weird Machines”, “we”, “us”). They govern your use of the Off the Record app for macOS, including its audio driver, its models, the firmware it installs on accessories and any updates (together, the “App”), and of the related online services, including accounts, plans, subscriptions and team management (the “Services”). By clicking “I agree”, or by installing or using the App, you accept these Terms. If you do not agree, do not install or use the App.
If you accept these Terms on behalf of an organization, such as your employer, you confirm that you are authorized to do so, and “you” includes that organization.
1. Your license
We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the App on Macs you own or control, for your personal use or for the internal business purposes of your organization, including in your work calls and meetings, as long as you follow these Terms. If you are an organization, your employees and contractors may use the App on your behalf under these Terms, and you are responsible for their use.
Using the App in your own conversations with anyone, including customers and partners, is allowed. What this license does not allow, without a separate written agreement with us, is making the App itself available to others or building a business on it: selling, reselling, renting, sublicensing or distributing it, bundling it with or integrating it into another product or service, offering it as a hosted, managed or white-label service, or deploying it for your clients or other third parties.
For organization-wide deployment, custom terms or any use this license does not cover, contact us at hello@weirdmachines.ai.
2. What you may not do
You may not, and may not allow or help anyone else to:
- reverse engineer, decompile, disassemble, decrypt or otherwise try to discover the source code, algorithms, model architectures, parameters or methods of the App;
- extract, copy, export, dump, inspect or reuse any model, weights, parameters, compiled model, Neural Engine or Metal program, or other component contained in or produced by the App, whether from the app bundle, from memory or from any cache;
- use the App, its components or its output (including audio it processes) to develop, train, fine-tune, evaluate or improve any model, product or service, in particular one that competes with the App or that detects, removes or defeats its protection;
- modify, adapt, translate or create derivative works of the App;
- copy the App, or any part of it, except as needed to install and use it under Section 1;
- circumvent, disable or interfere with any security, licensing, usage-limit or technical protection in the App;
- remove, change or hide any copyright, trademark or other notice in the App;
- use the App to break any law or to violate anyone’s rights.
Where applicable law gives you a right to do something in this section that cannot be waived by contract, such as limited reverse engineering for interoperability, you may do it only to the extent that law requires, and only after first asking us in writing for the information you need.
3. Plans, accounts and payment
Free plan. You can use the App without an account or payment on the Free plan, which includes a weekly allowance of protected minutes on each Mac (currently 60 minutes per week, resetting every Monday at 00:00 UTC). When a Mac’s allowance runs out, it cannot start new protected calls until the allowance resets, and a call already in progress continues for up to 30 more minutes. Before the allowance first applies to a Mac on which the App was previously unlimited, we give at least 30 days’ notice in the App. We may change what the Free plan includes, with at least 30 days’ notice in the App or on our website.
Paid plans. Paid plans, such as Pro for individuals and Hiring for teams, remove the weekly allowance and may include other features. Their current features and prices are shown in the App and on our website. A plan covers the Macs and people it is sold for: Pro covers one person on up to five Macs linked to their account, and team plans cover the number of seats purchased. For organization-wide licenses or custom terms, contact us at hello@weirdmachines.ai.
Accounts. Paid plans and teams require an account, which you sign in to with your email address and a one-time code. Give us an email address you control, keep sign-in codes to yourself and do not share your account or seat with anyone else. You are responsible for activity on your account. The App checks your access with our servers from time to time; paid access keeps working offline for up to seven days at a time.
Payment. Purchases are processed by our reseller and merchant of record, Polar (polar.sh), and Polar’s terms also apply to your purchase. Prices are in US dollars and may not include sales tax, VAT or similar taxes, which are added at checkout where applicable. By purchasing, you authorize the charges for your plan, including renewals.
Renewal and cancellation. Subscriptions renew automatically at the end of each billing period (monthly or yearly) at the then-current price until you cancel. You can cancel at any time in the App under Settings › Account & Plan › Manage Billing, or in Polar’s customer portal. Cancellation takes effect at the end of the current billing period, and you keep paid access until then. If a payment fails and is not resolved, or your subscription ends, your account returns to the Free plan.
Refunds. Except where the law requires otherwise or we agree in writing, payments are non-refundable and we do not give refunds or credits for partial billing periods, unused seats or unused time. If something has gone wrong, write to hello@weirdmachines.ai and we will look at your request. Nothing in these Terms limits any right you have under mandatory consumer protection law.
Price changes. We may change the price of a plan. A new price applies to your subscription only from a renewal at least 30 days after we tell you about it, in the App or by email, and you can cancel before it applies.
Teams. The person who buys a team plan (the “owner”) manages it: they can invite members by email, assign and remove seats, and see the email addresses of members and invitees. A member’s access depends on the owner’s subscription and ends if the owner removes them or the subscription ends. The owner is responsible for the members’ use of the App under these Terms. Each seat is for one named person.
Suspension. We may suspend or end an account, a seat or paid access if it is used in breach of these Terms, including account sharing or circumventing usage limits, or for suspected fraud or payment abuse.
4. Changes to the App and these Terms
We may update the App, including automatically, and may change, suspend or discontinue it, or any feature of it, at any time. We have no obligation to support or maintain it. We may change these Terms. When we do, the App will ask you to accept the new version, and if you do not accept it you must stop using the App.
5. Our intellectual property
The App is licensed to you, not sold. We and our licensors own all rights, title and interest in the App, including its software, models, weights, audio processing methods, designs, documentation and all related intellectual property, including copyrights, trade secrets and patent rights. The App’s models and methods are our confidential information and trade secrets. We reserve all rights not expressly granted to you in these Terms. “Weird Machines”, “Off the Record” and their logos are our trademarks.
If you send us feedback or suggestions, you allow us to use them for any purpose without any obligation to you.
The App includes third-party open-source components, listed in the App under Settings › About › Acknowledgements. Each is licensed under its own license, and nothing in these Terms limits the rights those licenses give you for those components.
6. What the App does, and what it cannot guarantee
The App changes the audio from your microphone, on your Mac, to make it harder for automated speech recognition (“transcription”) to capture what you say, while people on the call can still understand you. It is a best-effort tool. It does not guarantee protection of your audio or your words under all circumstances. In particular:
- Some transcription systems, including systems that exist today and systems developed later, may still transcribe some or all of what you say.
- Results vary with your voice, language, microphone, room, settings, Mac, the call or meeting app and the network, and with how other services process audio.
- Audio sent through the App, including protected audio, may be recorded by others and later processed, filtered, enhanced or analyzed, with current or future technology, to recover a transcription of what you said.
- Your original, unprotected audio can be transcribed wherever it reaches: for example before you turn protection on, while it is off or paused, if the App stops, fails or falls back, if an app uses a microphone other than “Off the Record”, or if another device near you picks up your voice.
- The App does not hide who you are, does not encrypt your calls and does not stop anyone from recording, listening to or taking notes of your calls.
Do not rely on the App as your only protection for confidential, sensitive or legally protected information. You are responsible for deciding what to say, and where.
7. Call and audio quality
The App alters your voice. It may reduce clarity or naturalness, add noise, artifacts, echo or delay, cause dropouts, conflict with other audio software, devices or meeting apps, and use processing power and battery. We are not responsible for the quality of your calls or recordings, or for any missed, misheard or misunderstood communication, or its consequences.
If you use the App with the Off the Record Stick or another supported accessory, the App can pair with it and install firmware on it. Installing firmware on a device involves some risk, such as an interrupted installation; you do this at your own risk, and to the extent the law allows we are not responsible for damage to or malfunction of the device.
8. Using the App lawfully
You are responsible for making sure your use of the App is lawful and consistent with your obligations to others. This includes any law, regulation, industry rule, contract or workplace policy that requires your calls to be recorded, transcribed, archived or supervised, or that requires you to tell others about tools you use, as may apply in regulated fields such as finance, healthcare, law and government. If you are an organization, you are responsible for deciding whether and where the App may be used.
9. Your data
The App processes your audio on your Mac and does not send it to us. To provide plans and accounts, our Services handle a small amount of data, such as your email address, your Macs’ installation identifiers, weekly totals of protected minutes and your subscription status. Our Privacy Policy, at weirdmachines.ai/privacy, explains what the App, the Services and our website send and how we handle it.
10. No warranty
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTY THAT THE APP WILL PROTECT YOUR AUDIO OR YOUR WORDS, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR COMPATIBLE WITH YOUR DEVICES OR APPS.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR PRIVACY, OR FOR ANY DISCLOSURE OR TRANSCRIPTION OF YOUR AUDIO OR WORDS, OR FOR POOR CALL QUALITY, ARISING OUT OF OR RELATED TO THE APP, THE SERVICES OR THESE TERMS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP, THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP AND THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AND US$50. SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE LIMITATIONS, SO THEY APPLY TO YOU ONLY TO THE EXTENT THE LAW ALLOWS.
12. Indemnity
To the extent permitted by law, you will defend, indemnify and hold harmless Weird Machines and its affiliates, officers and employees from any claims, damages, losses and expenses (including reasonable legal fees) arising out of your use of the App (or, for an organization, its users’ use), your breach of these Terms or your violation of any law or anyone’s rights.
13. Termination
These Terms apply until ended. Your license ends automatically, without notice, if you break these Terms. We may also end it at any time; if we end it, or discontinue the Services, for a reason other than your breach, we will refund the unused part of any prepaid subscription. You may end it by cancelling any subscription and uninstalling the App, and you can ask us to delete your account at hello@weirdmachines.ai. When the license ends, you must stop using the App and delete all copies. Sections 2, 3 (as to amounts owed and refunds) and 5 to 15 survive the end of these Terms.
14. General
These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules, and the competent courts of Tel Aviv-Jaffa, Israel, have exclusive jurisdiction over any dispute related to them, except that we may seek injunctive or other equitable relief to protect our intellectual property in any court. These Terms, together with any separate written agreement you sign with us for the App, are the entire agreement between you and us about the App; if they conflict, the signed agreement controls. If any part of these Terms is found unenforceable, that part will be enforced to the maximum extent possible and the rest stays in effect. Our not enforcing a right is not a waiver of it. You may not assign these Terms; we may assign them, including as part of a merger, acquisition or sale of assets. If a translation of these Terms differs from the English version, the English version controls.
15. Contact
Questions about these Terms, or about licensing the App for your organization: hello@weirdmachines.ai.
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