Kickstart Crew LLC ("Company," "We," or "Us") provides the Viska mobile application (the "App") and related services (collectively, the "Service"). We make the Service available for access or use subject to the terms and conditions in these Terms of Use (the "TOU"). We may, in our sole discretion, update the TOU at any time. PLEASE REVIEW THE TOU CAREFULLY. IT IMPOSES BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS. THE TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE. YOU AGREE THAT ANY CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOU. IF YOU DO NOT AGREE, YOU MUST UNINSTALL THE APP IMMEDIATELY.
1. ELIGIBILITY
You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction. You further represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction.
2. PRIVACY AND LOCAL DATA STORAGE
The Service operates on a "Local-First" basis. (a) No Cloud Storage: You acknowledge that the App processes and stores audio, transcriptions, and chat logs ("User Data") locally on your device. The Company does not operate a server that receives or stores your User Data. (b) Data Loss: Because we do not store your data, we cannot recover your data if it is lost. You are solely responsible for backing up your device. We are not liable for any loss of data resulting from device loss, damage, deletion of the App, or operating system errors. (c) Privacy Policy: Your use of the Service is also subject to our Privacy Policy, which explains that we do not collect personal data from you.
3. LICENSE GRANT
(a) Grant: Subject to your compliance with the TOU, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, for your personal or internal business use. (b) Restrictions: You shall not: (i) reverse engineer, decompile, or attempt to extract the source code of the App (including the AI models contained within); (ii) rent, lease, lend, sell, or sublicense the App; (iii) use the App for any illegal purpose, including the violation of privacy or recording laws.
4. FEES
The App may be available for a one-time purchase fee or other pricing models as displayed on the Apple App Store or Google Play Store. By downloading the App, you agree to pay all applicable fees. The Company reserves the right to change its pricing structure at any time, though such changes will not affect prior purchases.
5. AI DISCLAIMER (ACCURACY & RELIABILITY)
The Service utilizes artificial intelligence (including but not limited to Whisper and Llama models) to generate transcriptions and chat responses. (a) No Guarantee of Accuracy: AI models are probabilistic and may produce "hallucinations," errors, or omissions. You acknowledge that transcriptions may not accurately reflect the recorded audio, and AI chat responses may be factually incorrect. (b) No Professional Advice: The Service is for informational purposes only. It does not constitute medical, legal, financial, or professional advice. You should never rely solely on the Service for critical decision-making.
6. COMPLIANCE WITH RECORDING LAWS
You are solely responsible for complying with all applicable laws regarding audio recording. (a) Consent: Many jurisdictions (including various U.S. states) require the consent of all parties to a conversation before recording it ("Two-Party Consent"). You represent and warrant that you will not use the Service to record any individual without their necessary legal consent. (b) Liability: The Company expressly disclaims any liability for your use of the App to record conversations in violation of applicable laws.
7. iOS MOBILE APPS (Apple Required Terms)
If you downloaded the App from the Apple Inc. ("Apple") App Store, the following terms apply: (a) Acknowledgment: The TOU is between you and Kickstart Crew LLC only, not Apple. Apple is not responsible for the App or its content. (b) Maintenance: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. (c) Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever. (d) Claims: Kickstart Crew LLC, not Apple, is responsible for addressing any claims relating to the App, including product liability claims or claims that the App fails to conform to any applicable legal requirement. (e) Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of the TOU and have the right to enforce it against you.
8. USER CONDUCT
You agree not to use the Service to: (a) Upload or record content that is illegal, harmful, threatening, abusive, defamatory, or invasive of another's privacy; (b) Violate any intellectual property rights of any party; (c) Transmit any software viruses or malware; (d) Interfere with or disrupt the Service or servers (if any) or networks connected to the Service.
9. MODIFICATIONS AND UPDATES
The Company may, in its sole discretion, provide updates, patches, or bug fixes ("Updates"). You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
10. TERM AND TERMINATION
The TOU is effective until terminated. Your rights under the TOU will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you shall cease all use of the App and delete all copies of the App from your devices.
11. INDEMNIFICATION (Crucial Section)
You agree to indemnify, defend, and hold Kickstart Crew LLC and its officers, directors, employees, and agents harmless from and against any claim, demand, loss, damage, cost, liability, and expense (including reasonable attorneys' fees) arising from or relating to: (a) your use of the App; (b) your violation of the TOU; (c) your violation of any third-party right, including privacy rights; or (d) your violation of any applicable recording laws or regulations.
12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE TRANSCRIPTIONS WILL BE ACCURATE OR THAT THE SERVICE WILL BE ERROR-FREE.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KICKSTART CREW LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, USE, OR PROFITS. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE APP IN THE SIX MONTHS PRECEDING THE CLAIM.
14. GOVERNING LAW
The TOU will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles.
15. BINDING ARBITRATION AND CLASS ACTION WAIVER
ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. (a) Arbitration: The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Austin, Texas, or another location reasonably convenient to both parties. (b) Class Action Waiver: YOU AND THE COMPANY AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED ON A CLASS BASIS. (c) Opt-Out: If the Company implements any material change to this Section 15, you may reject the change by sending us written notice within 30 days.
16. EXPORT CONTROL
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. CONTACT INFORMATION
If you have any questions about the TOU, please contact us at: Kickstart Crew LLC Email: rob@kickstartcrew.com