Terms of Use

1Scope

Murmur is provided by Wei Liu, an individual based in Melbourne, Australia. In these terms, “we”, “us” and “our” mean Wei Liu. These terms cover the Murmur apps on every platform and the services on the Murmur website (together, the “service”).

By downloading or using Murmur, you agree to these terms. Apart from Link’s terms, which also apply to purchases as described in section 5, they are the entire agreement between you and us about the service. How we handle personal information is explained in our Privacy Policy. If you don’t agree to these terms, please don’t use the service.

2Age and accounts

• The service is for people aged 16 and over. If you are under 16, please don’t sign up. If you are under 18, use it with the consent of a parent or guardian.
• You must be 18 or older to pay for a subscription. If you are under 18, a parent or guardian must make the payment.
• Each account is for one person, registered with your own email address. You may not lend, transfer, or sell your account.
• You are responsible for activity in your account. If you find that someone else is using it, let us know promptly.
• You can download Murmur and use offline recognition (done on your Mac) without an account. Cloud features require signing in.

3Recording consent and acceptable use

Before recording a class, a meeting, or anyone else speaking, get the consent of the people present, as required by the law where you are. This is your responsibility. Secret recording is not allowed. Long recordings are sent to a third-party recognition service, which transcribes them and identifies the different speakers. See the Privacy Policy for details.

You may not:

• use the service for anything unlawful, or to infringe anyone’s privacy, intellectual property, or other rights;
• use scripts or other automated means to obtain extra allowance, or get around allowance or access limits;
• reverse engineer, break, or interfere with the service or its servers, except where the law expressly allows it;
• resell the service, or let other people use your allowance.

If you break this section, we may suspend or close your account under section 9.

4Beta and changes to the service

• Features, the interface, the providers we use, and allowances may all change. We try to announce significant changes in the app or on the website in advance, but we don’t promise that any feature will stay.
• Cloud features currently require a beta seat, which you need to request. We decide how and to whom they are offered.
• The service can be interrupted by third-party outages, network problems, or problems with our own systems. We don’t promise that it will be uninterrupted or error-free.
• If we decide to stop providing the service, we will tell you in advance and refund any part you have paid for but not used.

5Allowances, subscriptions, and payment

5.1Free plan

• Once your request is approved and you sign in, you can use 2,000 words of cloud dictation a week. You can also try one free long recording of up to 3 minutes. It stops on its own at 3 minutes, and everything recorded up to then is kept.
• Offline recognition (done on your Mac) is unlimited.
• When the free allowance runs out, cloud features pause. Offline recognition keeps working. We may change the allowance, and we will say so in the app before we do.

5.2Subscriptions

• Pro costs US$13.60 a month or US$130 a year. Max costs US$29 a month or US$276 a year. Prices include tax. The checkout page may show the price in your local currency, and the amount shown there is what you are charged.
• Pro and Max have no word limit on cloud dictation. Long recording is 20 hours a month on Pro and 60 hours a month on Max. It resets monthly on your billing day, on yearly plans too. Offline recognition is unlimited.
• To prevent abuse, paid plans have a fair use limit on cloud features. Normal use will not reach it. If you do reach it, cloud features pause until your allowance resets. Offline recognition keeps working.
• Subscriptions renew automatically. Your billing period starts on the day you subscribe, and at the end of each period you are charged the price you subscribed at, until you cancel. If the price is going to change, we will tell you in advance as described in section 10.
• To cancel, sign in, open the Membership page, choose Manage subscription, and cancel on Stripe’s subscription management page. You can also cancel on Link’s website, or email us. After you cancel, the plan does not renew and stays active until the end of the current period.
• When you switch plans on the subscription management page, any difference to pay and the date the change takes effect are as shown on that page. If you already have a paid subscription, switch plans there rather than buying a second one. A second subscription is charged separately.

5.3Payment, invoices, and tax

• Subscriptions are sold through Stripe’s Managed Payments. Under this arrangement, Link, which is part of Stripe, is the legal seller (merchant of record) of the purchase. Link takes the payment, issues receipts and invoices, calculates, collects, and pays the tax, and handles refund requests and payment disputes. We provide the Murmur service itself.
• The charge appears on your bank or card statement as LINK.COM* MURMUR APP.
• Buying, paying, and managing your order are also subject to Link’s terms and privacy policy.
• We never see or store your full card number.
• Pay with the same email address you use to sign in to Murmur, so the subscription can be matched to your account.
• Purchases from mainland China are not currently available through this payment method.

5.4Cancellation and refunds

• If you cancel, the amount you paid for the current period is not refunded, in full or in part for the days left.
• Link can take refund requests. In some cases, Stripe may issue a refund directly within 60 days of the original transaction.
• If the payment for a period is fully refunded, or you dispute it with your bank, the plan for that period ends straight away.
• This section does not affect your statutory rights described in section 8.

6You own your content, we own the software

• What you record, transcribe, or generate with Murmur (“your content”) belongs to you. We process it only to provide the service to you. We don’t train models on it and we don’t sell it.
• How third-party providers use the data they process is governed by their own terms. See the Privacy Policy.
• The Murmur software, website, name, and logo belong to Wei Liu. As long as you follow these terms, we give you a personal, non-exclusive, non-transferable, revocable licence to use the service.
• If you send us feedback or suggestions, we may use them freely and without paying you.

7Third-party providers

Features such as speech recognition and text cleanup are handled by third-party providers. That processing is also subject to the providers’ own terms, and their availability is outside our control. The Privacy Policy lists these providers and where they are based.

If you use your own service key in Settings, those requests go to the provider you chose, under your own terms with that provider and at your own cost.

Subscription payments are handled by Link, which is part of Stripe. See section 5.

8Accuracy and limitation of liability

Your statutory rights are not affected. Our service comes with consumer guarantees under the Australian Consumer Law that cannot be excluded, and consumers in the EU, the UK, and elsewhere have rights under local law that cannot be excluded by contract. Where those rights apply, the limits in this section do not.

Recognition and cleanup are not guaranteed to be accurate. Accents, background noise, proper nouns, and words that sound alike can all cause mistakes. For content where a mistake is costly, such as medical records, legal documents, financial instructions, or contract terms, check the text word by word before you use it.

Apart from the guarantees that cannot be excluded, the service is provided “as is”. To the fullest extent permitted by law, we make no other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential loss, such as lost profits or opportunities, lost data, or damage to reputation. Our total liability to you is limited to the amount you actually paid for the service in the 12 months before the claim.

9Ending your use or your account

• You can stop using Murmur at any time. Quitting or deleting the app does not cancel your subscription. To stop it renewing, cancel as described in section 5.
• To delete your account, email us from your registered address. We will act on it within 30 days. When you ask us to delete your account, we also cancel your subscription, and you will not be charged again.
• If you break these terms, especially section 3, or your use puts the service or other people at risk, we may suspend or close your account. Where we reasonably can, we will tell you first and explain why. If we end your service because you broke these terms, the amount you paid for the current period is not refunded, except where the law requires otherwise.
• Section 4 sets out what happens if we stop providing the service.
• Sections 6, 8, and 10 continue to apply after your account ends.

10Changes, governing law, and contact

• We may update these terms. Each update is dated on this page. For significant changes that are to your disadvantage, we will email registered users at least 30 days before they take effect and show a notice in the app. If you don’t accept the new terms, you can stop using the service and delete your account before they take effect.
• Terms that only concern a new feature take effect when that feature launches and apply to people who start using it.
• These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have non-exclusive jurisdiction. This does not affect your right as a consumer to bring proceedings where you live, or the statutory rights described in section 8.
• If any part of these terms is found to be invalid, the rest remains in effect.
• Contact: support@day1aifitness.com