Terms of Service - ListenUp Dictation

Effective Date: August 30, 2025

Last Updated: August 30, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ThoFlow AI ("Company," "we," "us," or "our") governing your access to and use of the ListenUp Dictation application, its associated software, services, websites, and any related content or features (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, DOWNLOADING THE APPLICATION, OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE SCHEDULES AND POLICIES REFERENCED HEREIN, SUCH AS OUR PRIVACY POLICY.

IF YOU ARE A USER LOCATED IN THE UNITED STATES, PLEASE BE AWARE THAT SCHEDULE 2 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF THE BINDING ARBITRATION PROVISION AS DESCRIBED IN SCHEDULE 2.

If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

"Account" means the account you create to access and use the Service.
"AI Refinement" means the feature of the Service that uses cloud-based artificial intelligence systems to process User Content in text format to improve its accuracy, grammar, and clarity.
"Business Account" means an Account created on behalf of an organization, such as a company, institution, or other legal entity, for use by its authorized personnel.
"Consumer" means a natural person who is acting for purposes which are wholly or mainly outside that individual's trade, business, craft, or profession.
"Content" means any data, text, audio, information, or material that is uploaded, submitted, generated, or made available through the Service by you, including audio files and the resulting transcriptions.
"Subscription" means the plan you select for accessing the Service, which may be on a monthly, annual, or lifetime basis, subject to the payment of applicable fees.
"User" means any individual or entity that creates an Account or uses the Service, including users of Business Accounts.

2. Corporate Identity & Contracting Party

The Service is provided by:

ThoFlow AI

A general partnership (vennootschap onder firma) registered in the Netherlands.

Registered Address: Stalmeesterstuin 3, 2761 HS Zevenhuizen, Netherlands

KvK (Chamber of Commerce) Number: 96801867

VAT Number: NL867767339B01

Contact Email: [email protected]

3. User Eligibility & Account Responsibility

3.1. Age Requirement. You must be at least 16 years of age to create an Account and use the Service. By using the Service, you represent and warrant that you meet this age requirement. The Service is not intended for and may not be used by individuals under the age of 16.

3.2. Account Creation and Security. To use the Service, you must create an Account using a supported third-party authentication provider (e.g., Google, Apple). You are solely responsible for all activities that occur under your Account. You agree to maintain the security of your account credentials and to notify us immediately of any unauthorized use of your Account. Account credentials are strictly personal and may not be shared. Each seat may be used only by the single individual to whom it is assigned.

3.3. Business Use. If you are using the Service on behalf of an organization, you represent and warrant that you have the legal authority to bind that organization to these Terms. In such a case, "you" and "your" will refer to that organization. The organization is fully responsible for all use of the Service under its Business Account, including the actions of its authorized users.

3.4. Export Controls. The Service may be subject to export control and sanctions laws of the Netherlands, the European Union, the United States, and other jurisdictions. You agree to comply with all applicable export and re-export control laws and regulations. You may not use the Service if you are located in a territory that is subject to an embargo by these authorities or if you are on any sanctions list maintained by these authorities.

4. Service Description & License Grant

4.1. Service Description. The Service is an AI-powered voice-to-text dictation application for supported operating systems. The Service utilizes a hybrid processing model:

(a) Local Processing: Initial speech-to-text transcription of your audio occurs directly on your local device using on-device software. Your audio files are stored only on your device and are never uploaded to our servers. Core transcription features work entirely offline on your device.

(b) AI Refinement: For enhanced accuracy and formatting, the text generated from local processing may be refined using AI systems, which may be cloud-based third-party services or local on-device models. When cloud-based systems are used, text is sent ephemerally for processing. This process is designed to be privacy-preserving, as described further in Section 9 and our Privacy Policy.

(c) Subscription Validation: The Service performs periodic subscription validation checks while you are online to verify your license status. These checks occur automatically in the background and do not affect offline functionality of core transcription features.

4.2. License Grant. Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to download, install, and use the ListenUp Dictation application on compatible devices that you own or control, solely for your personal or internal business purposes during the term of your Subscription.

4.3. Service Modifications and Updates.

(a) Updates and Improvements. We are constantly improving the Service. We reserve the right to modify, add, or remove features or functionalities of the Service at our sole discretion. We will provide you with reasonable notice of any material changes that significantly diminish the core functionality of the Service. Your continued use of the Service after such changes constitutes your acceptance of them.

(b) Automatic Updates. The Service uses the Sparkle framework to automatically check for and install updates. By default, updates are downloaded and installed automatically to ensure you have the latest features, security patches, and bug fixes. You may disable automatic updates through the application preferences, but you must maintain a version of the Service that was released within the last 6 months to continue receiving support and for the Service to function properly. Older versions may lose access to certain features or stop functioning entirely.

(c) Release Cadence. We typically release minor updates (bug fixes and small improvements) monthly and major updates (new features and significant changes) quarterly, though this schedule may vary based on development priorities and critical security needs.

5. Free Trials

We may offer a one-time free trial of the Service. The duration and scope of the free trial (e.g., 15 minutes of transcription) will be specified at the time of the offer. No payment information is required to start a free trial. At the end of the trial period, your access to the Service will cease unless you purchase a paid Subscription. Free trials do not automatically convert into paid Subscriptions.

6. Subscriptions, Billing, and Payments

6.1. Subscription Plans. We offer various paid Subscription plans, including monthly, annual, and lifetime options. The features, pricing, and renewal terms for each plan are described on our website at the time of purchase. A "Lifetime" subscription provides you with access to the Service for as long as the Service is commercially offered and maintained by the Company. In the event we discontinue the Service for convenience, we will offer holders of a Lifetime Subscription a pro-rata refund based on the original purchase price, amortized linearly over a 36-month period from your date of purchase. No refund is due if the Service is discontinued more than 36 months after your purchase.

6.2. Payment Processing. We use a third-party payment processor, Stripe, to handle all payments. By providing your payment information, you agree to Stripe's terms and authorize us (through Stripe) to charge your payment method for all applicable fees for your chosen Subscription, including any recurring charges. All fees are quoted in the currency displayed at the time of purchase.

6.3. Taxes. For customers in the European Union, displayed prices include applicable VAT as required by law. For customers outside the European Union, displayed prices exclude taxes, which will be calculated and added at checkout. Where required by law, we will use Stripe Tax to ensure proper tax calculation and compliance.

Note for Business Customers: Reverse-charge invoicing is not available through our online checkout. Business customers requiring reverse-charge treatment for intra-EU B2B transactions must contact our Sales team at [email protected] for a manually issued invoice with appropriate VAT treatment and the required reverse-charge wording.

6.4. Automatic Renewal and Cancellation.

(a) Automatic Renewal. To ensure uninterrupted service, monthly and annual Subscriptions will automatically renew for subsequent periods of the same duration as the initial term, unless you cancel your Subscription before the end of the current billing period. Lifetime Subscriptions do not renew.

(b) Renewal Notices. We will provide you with clear and conspicuous notice of upcoming renewals in compliance with applicable law.

(i) Annual Subscriptions: We will send a renewal reminder to your registered email address no less than 30 days and no more than 45 days before your renewal date.

(ii) Subscriptions with Long Trials: For any Subscription that includes a free or discounted promotional period of more than 31 days, we will send a reminder to your registered email address between 3 and 21 days before the promotional period ends.

These notices will clearly state the renewal date, the upcoming charge, and instructions on how to cancel.

(c) Cancellation. You may cancel your Subscription at any time. To cancel, you must use the subscription settings within the application, which will direct you to our payment processor's (Stripe) billing portal where you can manage your subscription. This online cancellation method is designed to be simple and immediately accessible, in accordance with applicable laws like California's Automatic Renewal Law. Cancellation will be effective at the end of your current paid term, and you will retain access to the Service until that date. You will not be charged for any subsequent renewal periods.

(d) Dutch Law Compliance. For all Users, after an initial fixed subscription term, the agreement may be tacitly renewed for an indefinite period, from which you may cancel at any time with a notice period of no more than one month.

6.5. Price Changes. We may change the price for our Subscriptions from time to time. We will provide you with at least 30 days' advance notice of any price changes. If you do not agree to the price change, you must cancel your Subscription before the change takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new price.

6.6. Refunds. All payments are non-refundable except for:

Service outage lasting 24 or more consecutive hours (pro-rata credit)
Duplicate or erroneous charges (full refund)
Any refund required by applicable law

To request a refund, email [email protected] with your account email, invoice ID, and reason. We will respond within 5 business days. Approved refunds will be processed within 10 business days. For Consumers in the European Union and the United Kingdom, your statutory right of withdrawal is detailed in Schedule 3.

6.7. Late Payments and Chargebacks.

(a) Grace Period for Failed Payments. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, your subscription will enter a 21-day grace period with the following access levels:

Days 1-5: Full service access while we retry payment
Days 6-21: View-only mode (no dictation or AI processing) until payment succeeds

We will attempt to retry payment using Stripe Smart Retries on approximately days 3, 5, 8, 15, and 21. You will receive email notifications after each failed attempt and see an in-app banner prompting you to update your payment details. After day 21, if payment has not been resolved, your subscription will be cancelled. Your workspace data will be retained for 90 days following cancellation, after which it will be permanently deleted. You may reactivate your account at any time within this 90-day period by updating your payment method.

(b) Chargebacks. If you initiate a chargeback or payment reversal, your Account will be immediately suspended. To reactivate your Account after a chargeback, you must: (i) pay the disputed amount in full; (ii) pay the Stripe dispute fee (currently €15/US$15); (iii) pay a €10 administrative fee; and (iv) add a new payment method (the disputed card will be blocked). A second chargeback within 24 months may result in the permanent termination of your Account. We reserve the right to dispute any chargeback and to seek recovery of any fees incurred.

6.8. Fair Use Policy. All plans are subject to fair use. The Service is designed for individual professional use. Prohibited uses include but are not limited to: automated or programmatic use, commercial resale of transcription services, systematic batch processing, or any usage patterns inconsistent with normal individual professional use. We reserve the right to investigate accounts with anomalous usage patterns and may suspend or terminate accounts that violate this fair use policy.

7. Intellectual Property Rights

7.1. Our Intellectual Property. The Service, including the ListenUp Dictation application, its underlying software, technology, algorithms, user interface, branding, and all related materials, are the exclusive property of ThoFlow AI and its licensors. All rights, title, and interest in and to the Service are and will remain with ThoFlow AI. These Terms do not grant you any rights to use our trademarks, logos, or other brand features.

7.2. Your Content. You retain all ownership rights, including intellectual property rights, in and to the Content you create or submit to the Service, including any AI-refined outputs generated through the Service. You own all AI-refined outputs and may freely use, modify, and distribute them without restriction. We do not claim any ownership, copyright, or other intellectual property rights over your Content or any AI-refined outputs.

7.3. Our License to Your Content. To provide the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, process, and transmit your Content solely for the purpose of operating and providing the Service in real-time. We do not use your Content to train or improve our models without your explicit opt-in consent. This license is strictly limited to the technical steps required to perform the transcription and AI Refinement. For example, this includes transmitting your text Content to our AI sub-processor (as detailed in Section 10) for refinement. This license terminates when you delete your Content or your Account.

8. User-Generated Content and DMCA Policy

8.1. Responsibility for Content. You are solely responsible for your Content and the consequences of submitting and publishing it on the Service. You represent and warrant that you have all necessary rights, licenses, and permissions to your Content and that your Content does not violate any applicable laws or infringe upon the rights of any third party, including copyright, trademark, privacy, or other proprietary rights.

8.2. DMCA Copyright Policy and Procedures. We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond expeditiously to notices of alleged copyright infringement that are reported to our Designated Copyright Agent, identified below.

A. How to Submit a Notification of Claimed Infringement

If you are a copyright owner (or are authorized to act on behalf of one), please report alleged copyright infringements taking place on or through the Service by sending a notice containing all of the following information to our Designated Copyright Agent:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Your contact information, including your address, telephone number, and an email address.
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive notifications of claimed infringement is:

Designated Agent: DMCA Copyright Agent
Company: ThoFlow AI
Address: Stalmeesterstuin 3, 2761 HS Zevenhuizen, Netherlands
Email: [email protected]

B. How to Submit a Counter-Notification

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to our Copyright Agent:

Your physical or electronic signature.
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled.
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district in which the Company may be found), and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

C. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Data Protection and Privacy

Your privacy is critically important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you agree to the collection and use of your information in accordance with the Privacy Policy.

We are committed to complying with applicable data protection laws, including the EU and UK General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as amended. Key aspects of our privacy-first approach include:

Local-First Processing: Your sensitive voice audio is processed on your device and is not transmitted to our servers.
Data Minimization: We only transmit the resulting text to the cloud for the optional AI Refinement feature.
Ephemeral Processing: The text sent for AI Refinement is processed ephemerally and is not stored long-term on our servers or used to train the AI models of our sub-processors. When using cloud-based AI providers, all requests are marked with the provider's "no-training/no-persistence" flags, ensuring your content is not used for model training and is deleted immediately after processing.

For Business Accounts where the organization is a data controller and we are a data processor under GDPR, our Data Processing Addendum (DPA), provided in Schedule 4, governs the processing of personal data.

10. Third-Party Services & Sub-processors

The Service integrates with or uses certain third-party services to function. Your use of these third-party services may be subject to their respective terms and conditions and privacy policies. We are not responsible for the practices of any third-party services.

We use a number of third-party service providers ("Sub-processors") to help us provide the Service. Our key Sub-processors include:

| Sub-processor | Purpose of Processing | Location (Data Center) | | ----------------------------- | ---------------------------------------- | ---------------------- | | Google | AI Refinement (Gemini), Analytics, OAuth | Global | | Mistral AI | AI Refinement (LLM API) | France/United States | | Hetzner Online GmbH | Cloud Hosting & Infrastructure | Germany / Finland | | Cloudflare, Inc. | CDN, Security, DDoS Protection | Global | | Stripe, Inc. | Payment Processing | United States | | Amazon Web Services, Inc. | Transactional Email (SES) | Ireland | | Twilio SendGrid | Marketing Email | United States | | Mixpanel, Inc. | Product Analytics | United States | | Meta Platforms, Inc. | Analytics/Marketing (Pixel) | United States | | Hotjar Ltd. | UX Analytics | Malta/United States | | Firebase (Google) | Crash/Performance Monitoring | United States | | OpenAI LLC | AI Refinement (LLM API) | United States | | Anthropic | AI Refinement (LLM API) | United States | | Apple Inc. | Authentication (Sign-in) | United States | | LinkedIn Corporation | Analytics (Insight Tag) | United States | | Sentry | Error Logging | Germany |

A complete and current list of our Sub-processors is maintained in our Privacy Policy. By using the Service, you consent to our use of these Sub-processors.

10.3. Law Enforcement Requests. We will only disclose user data to law enforcement authorities upon receipt of valid legal process (such as a subpoena, court order, or warrant) issued by a court of competent jurisdiction. We will carefully review each request to ensure it meets legal requirements and will seek to narrow overly broad requests where possible. We will attempt to notify affected users of any law enforcement requests for their data unless we are legally prohibited from doing so or in cases involving emergency circumstances. The types of data we may be compelled to disclose include: account registration information, subscription and billing records, and stored content (though we maintain minimal user content due to our ephemeral processing model). We do not have the technical capability to provide real-time interception of communications as our Service processes data ephemerally without persistent storage of conversation content.

11. Acceptable Use

11.1. Acceptable Use Policy. Your use of the Service must comply with our Acceptable Use Policy (AUP), which is provided in Schedule 1 and incorporated by reference into these Terms. The AUP prohibits, among other things, using the Service for illegal activities, infringing on intellectual property, distributing malware, or engaging in activities that could harm the Service or other users. A key provision of the AUP is the strict prohibition on recording conversations without the consent of all participating parties, where such consent is required by law.

11.2. Recording Consent Required. YOU MUST OBTAIN LEGALLY REQUIRED CONSENT FROM ALL PARTIES BEFORE RECORDING ANY CONVERSATION. Many jurisdictions require the consent of all parties to a conversation before it may be legally recorded. Failure to obtain proper consent may violate criminal wiretapping laws and can result in severe legal penalties including criminal prosecution. You are solely responsible for understanding and complying with all applicable laws regarding recording in your jurisdiction. Violation of recording consent laws will result in immediate termination of your Account.

11.3. Third-Party Acceptable Use Policies.
If you use the AI Refinement feature or any other functionality powered by third-party AI models (e.g., Google, Anthropic, Mistral or OpenAI), your use must also comply with the applicable acceptable use policies of those third-party providers. By using such features, you agree to be bound by those downstream policies in addition to our Acceptable Use Policy. A violation of a third-party provider’s acceptable use policy will be deemed a violation of our Terms.

12. AI Systems & Disclaimers of Accuracy

12.1. Transparency in AI Use. The AI Refinement feature of the Service uses an artificial intelligence system to process and improve your text. By using this feature, you acknowledge that you are interacting with an AI system for this purpose. This disclosure is made in accordance with our obligations under regulations such as the EU AI Act.

12.2. Disclaimer of Accuracy. THE SERVICE, INCLUDING ALL AI-POWERED TRANSCRIPTION AND REFINEMENT FEATURES, IS PROVIDED FOR GENERAL PRODUCTIVITY PURPOSES ONLY. THE OUTPUTS GENERATED BY THE SERVICE MAY CONTAIN ERRORS, INACCURACIES, OR "HALLUCINATIONS" (CONTENT THAT IS FACTUALLY INCORRECT OR NONSENSICAL). YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY OF ALL OUTPUTS BEFORE RELYING ON THEM.

12.3. No Professional Advice. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU MUST NOT USE THE SERVICE TO GENERATE TRANSCRIPTIONS OR CONTENT FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL OR HIGH-STAKES PURPOSES WHERE ACCURACY IS CRITICAL. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY RELIANCE ON THE SERVICE'S OUTPUTS FOR SUCH PURPOSES. Furthermore, the Service is not designed, intended, or certified for use in high-risk environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation, air traffic control, life-support systems, or clinical decision-making, where the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage.

12.4. Third-Party AI Models. The AI Refinement feature may utilize models developed by third parties (e.g., Google Gemini) or models deployed locally. For third-party cloud-based models, we do not control their internal workings and are not responsible for their inherent biases, performance, or specific content. For locally-deployed models, while we have more control over deployment and configuration, we similarly disclaim responsibility for inherent model limitations, biases, or outputs. Use of third-party models is further subject to the applicable acceptable use policies of the provider, as described in Section 11.3.

13. Term, Termination, and Suspension

13.1. Term. These Terms become effective upon your first use of the Service and remain in effect until your Subscription expires or is terminated.

13.2. Termination by You. You may terminate these Terms at any time by cancelling your Subscription and ceasing all use of the Service.

13.3. Termination and Suspension by Us. We may suspend or terminate your access to the Service and these Terms, at our discretion, if:

(a) You are in breach of these Terms, including the AUP;

(b) Your use of the Service poses a security risk to us or any third party, including attempts to reverse-engineer the Service, introduce viruses or malware, or conduct denial-of-service attacks;

(c) We are required to do so by law or by a government or regulatory authority, including for export control violations or sanctions compliance;

(d) We decide to discontinue the Service, in which case we will provide you with reasonable advance notice, and to the extent feasible, no less than 60 days, to allow you to retrieve your Content;

(e) Your payment fails and is not resolved within the 21-day grace period described in Section 6.7(a);

(f) We receive a chargeback notice for your payment;

(g) You engage in fraudulent activity, including providing false information or repeatedly disputing legitimate charges;

(h) Your usage is excessive or unreasonable, inconsistent with normal individual professional use, including systematic or automated processing or operating commercial transcription services; or

(i) We terminate for our business reasons, in which case we will provide reasonable notice and a pro-rata refund of any prepaid fees.

For minor breaches, we will provide you with notice and an opportunity to cure the breach where feasible.

13.4. Effect of Termination. Upon termination, your license to use the Service will end, and your Account will be deactivated. You will not be entitled to a refund of any prepaid fees, except as required by law. As described in Section 6.7(a), your workspace data will be retained for 90 days following termination due to non-payment, after which it will be permanently deleted. Notwithstanding the foregoing, billing and transaction records, including invoices, will be retained for seven (7) years following termination to satisfy Dutch tax law retention requirements. Provisions of these Terms that by their nature should survive termination will survive, including, but not limited to, sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

14. Disclaimers of Warranties & Limitation of Liability

14.1. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE.

14.2. Limitation of Liability.

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PARTNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OF OR INABILITY TO USE THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; OR (III) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.

(b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) ONE HUNDRED EUROS (€100.00) OR (II) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

(c) Dutch Law Qualification. The limitations of liability in this Section 14 shall not apply to: (i) damages resulting from the Company's willful misconduct (opzet) or gross negligence (grove schuld); (ii) death or personal injury caused by our negligence; or (iii) any other liability that cannot be excluded or limited under applicable law.

(d) Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you. Nothing in these Terms shall affect any non-waivable statutory rights that apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its partners, and its and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms and your use of the Service.

16. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will provide you with at least 30 days' advance notice of any material changes by posting the updated Terms on our website and/or sending a notification to your registered email address. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. If you do not agree to the updated Terms, you must stop using the Service and cancel your Subscription before the changes become effective. Your continued use of the Service after the effective date of the changes will constitute your acceptance of the updated Terms. If you are an annual subscriber and cancel your Subscription as a direct result of a material change that adversely affects you, you may be eligible for a pro-rata refund for the unused remainder of your prepaid term. Please contact our support team to request a review.

17. Governing Law and Jurisdiction

17.1. Governing Law. These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

17.2. Jurisdiction. Except as provided in Section 17.3 and Schedule 2, you and the Company agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the competent courts of Amsterdam, the Netherlands. You and the Company irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

17.3. Exception for EU and UK Consumers. If you are a Consumer residing in the European Union or the United Kingdom: (a) these Terms do not deprive you of mandatory consumer protections under your local law; (b) where your local law provides greater protection, it will prevail; and (c) you may bring claims in either Amsterdam, the Netherlands, or in the courts of the EU Member State or part of the UK in which you are domiciled.

17.4. United States Users. If you are a User located in the United States, the provisions in Schedule 2 regarding binding arbitration and class action waiver apply to you.

17.5. Injunctive Relief for Intellectual Property Rights. Notwithstanding the arbitration agreement (for U.S. users) or the jurisdiction provisions above, either party may seek immediate injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights (including patents, copyrights, trademarks, and trade secrets) without first engaging in informal negotiation or arbitration.

18. Accessibility

The Company is committed to making the Service accessible to all users, including those with disabilities. We strive to improve the user experience for everyone by applying relevant accessibility standards. However, the Service is provided "as is" with respect to accessibility. We make no warranties that the Service will meet any specific accessibility standards, including but not limited to the Web Content Accessibility Guidelines (WCAG). As a "micro-enterprise" under European Union law, we may be exempt from certain formal requirements of the European Accessibility Act upon its entry into force in 2025. We welcome feedback on accessibility but do not guarantee compliance with any formal standard. If you have any questions or feedback regarding the accessibility of the Service, please contact us at [email protected].

19. Provisions for Business Accounts

If you are using the Service via a Business Account, the following additional terms apply:

Definitions: In the context of Business Accounts, "Customer" refers to the legal entity (company, organization, or business) that purchases and owns the Business Account. The individual who initially creates the Business Account becomes the "Owner" and must have the legal authority to bind the Customer entity to these Terms. All individuals invited to use seats under the Business Account are "Members" who must individually agree to comply with the end-user obligations in these Terms.

(a) Roles and Permissions. Business Accounts support four distinct roles:

Owner: One per workspace; the initial account creator who binds the Customer entity; has full control including seat management, billing control, organization-wide settings, usage export, and the ability to transfer ownership or close the account.
Admin: Can add/remove Members, reassign seats, manage security settings, view analytics, and edit shared configurations; cannot access billing.
Billing-Only: Can view invoices, update payment methods, and download VAT invoices; has no user management rights.
Member: Can use the core dictation features and access the organization's shared resources; cannot invite users or view organization analytics.

(b) User Responsibility. The Customer entity is responsible for the actions of all users associated with its Business Account and for ensuring their compliance with these Terms. Each Member must individually agree to these Terms when accepting their seat invitation.

(c) Data Processing. If the organization is a "controller" and the Company is a "processor" of personal data under the GDPR, the terms of our Data Processing Addendum (DPA), provided in Schedule 4, will apply to the processing of such data. By creating a Business Account, the organization acknowledges and accepts the DPA through our click-to-accept mechanism.

20. Miscellaneous Provisions

20.1. Entire Agreement. These Terms, including all incorporated schedules and policies, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

20.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

20.3. No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

20.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

20.5. Notices. Any notices or other communications provided by us under these Terms will be given by posting to our website and/or by sending an email to the address associated with your Account. For formal legal notices or service of process to the Company, such notices must be sent by email to [email protected] and also by mail to: ThoFlow AI, Stalmeesterstuin 3, 2761 HS Zevenhuizen, The Netherlands.

20.6. Security. We are committed to the security of our Service. If you are a security researcher and have discovered a potential vulnerability, we encourage you to disclose it to us responsibly. Please refer to our Vulnerability Disclosure Policy, or contact us at [email protected]. We will not initiate legal action against researchers for good-faith activities that adhere to our policy.

20.7. Language. The English language version of these Terms is the authoritative and legally binding version. Any translations provided are for convenience only and are non-binding. In the event of any conflict or discrepancy between the English version and any translated version, the English version shall prevail.

20.8. Force Majeure. Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay results from circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or labor disputes (excluding those involving the affected party's workforce), or failures of telecommunications or internet service providers. The affected party must promptly notify the other party and use commercially reasonable efforts to mitigate the effects of the force majeure event.

20.9. Support. Technical support for the Service is provided via email only at [email protected]. We aim to respond to support requests within 48 hours during business days. Our support hours are Monday through Friday, 9:00 AM to 5:00 PM Central European Time (CET/CEST), excluding Dutch public holidays. Support is not available via phone or live chat.

Schedule 1: Acceptable Use Policy (AUP)

This Acceptable Use Policy ("AUP") is incorporated into the ListenUp Dictation Terms of Service and governs your use of the Service. You agree not to use, or allow others to use, the Service to:

Violate Laws or Regulations. Engage in any activity that is illegal under applicable local, state, national, or international law.
Infringe Intellectual Property. Infringe upon or violate the intellectual property rights (including copyrights, trademarks, patents, or trade secrets) or any other proprietary rights of any party.
Violate Privacy or Consent. Record, transcribe, or process any audio or conversation without obtaining the legally required consent from all participating individuals. You are solely responsible for complying with all applicable laws regarding call and conversation recording.
Transmit Harmful or Obscene Content. Upload, transmit, or distribute any Content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
Harm Minors. Exploit, harm, or attempt to exploit or harm minors in any way.
Distribute Malware. Transmit any viruses, worms, defects, Trojan horses, malware, or any other items of a destructive nature.
Compromise Security. Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to the Service or its related systems or networks.
Commercial Resale or High-Volume Abuse. Use the Service to operate a commercial transcription service, a service bureau, or engage in any activity that constitutes excessive or abusive usage, as determined by us in our sole discretion and as further defined in our Fair Use Policy (Section 6.8).
Generate Spam or Unsolicited Communications. Use the Service to generate or facilitate unsolicited commercial email ("spam") or other bulk communications.
Misrepresent Identity. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Violation of this AUP may result in the immediate suspension or termination of your Account.

Schedule 2: US-Specific Provisions: Binding Arbitration and Class Action Waiver

THIS SECTION APPLIES ONLY TO USERS LOCATED IN THE UNITED STATES.

2.1. Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.

2.2. Mandatory Informal Dispute Resolution. As a precondition to arbitration, you and the Company agree to first attempt to resolve any Dispute informally. The party raising the Dispute must first send a written Notice of Dispute to the other party. The Notice to the Company should be sent by email to [email protected]. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties shall use good faith efforts to resolve the Dispute directly, but if we do not resolve the Dispute within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding.

2.3. Arbitration Rules and Venue. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at adr.org or by calling 1-800-778-7879. If 25 or more substantially similar demands for arbitration are filed, the AAA's Mass Arbitration Supplementary Rules will apply and the parties will pay the applicable Mass Arbitration fees. Under the current AAA fee schedule, this means a flat fee of US $11,250 will apply, split as follows: US $3,125 paid collectively by the claimants and US $8,125 paid by the Company. The seat of arbitration shall be New York, New York. Hearings will be conducted remotely by default, or in the claimant's county of residence at the claimant's option.

2.4. Cost of Arbitration. Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules. However, if you are able to demonstrate to the arbitrator’s satisfaction that you are economically unable to pay your portion of the Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

2.5. CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

2.6. Small Claims Court. Notwithstanding the foregoing, either you or the Company may elect to have a Dispute heard in a small claims court in your county of residence (or another agreed-upon location) if the Dispute is within the jurisdiction of that court.

2.7. 30-Day Right to Opt-Out. You have the right to opt out of the binding arbitration and class action waiver provisions set forth in this Schedule 2 by sending written notice of your decision to opt out to the following email address: [email protected]. The notice must be sent within 30 days of your first use of the Service or creation of an Account, whichever is earlier. Your notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

2.8. Severability. If the class action waiver in Section 2.5 is found to be unenforceable, then the entirety of this Schedule 2 will be null and void. If any other part of this Schedule 2 is found to be unenforceable, the remaining parts will remain in full force and effect.

Schedule 3: EU/UK Consumer Rights Notice

THIS SCHEDULE APPLIES ONLY TO USERS WHO ARE CONSUMERS RESIDING IN THE EUROPEAN UNION OR THE UNITED KINGDOM.

3.1. Right of Withdrawal.

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract (i.e., the day you purchase your Subscription).

To exercise the right of withdrawal, you must inform us, ThoFlow AI, at Stalmeesterstuin 3, 2761 HS Zevenhuizen, Netherlands, email: [email protected], of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

3.2. Effects of Withdrawal.

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay, and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

3.3. Loss of the Right of Withdrawal for Immediate Access to Digital Content.

The Service consists of the supply of digital content which is not supplied on a tangible medium. You will lose your right of withdrawal if you wish to access the Service immediately.

By purchasing a Subscription, you will be asked to provide your prior express consent to begin the supply of the digital content during the 14-day withdrawal period and to acknowledge that you thereby lose your right of withdrawal.

At checkout, you will be presented with the following checkbox that you must actively check to proceed:

☐ "I expressly request that ListenUp Dictation start immediately and understand that I will lose my 14-day right of withdrawal once the first transcription begins."

If you provide this express consent and acknowledgement by checking the box, the Service will be made available to you immediately, and you will no longer have the right to withdraw and receive a refund. If you do not provide this consent and acknowledgement, your access to the Service will be delayed until the 14-day withdrawal period has expired.

3.4. Model Withdrawal Form.

(Complete and return this form only if you wish to withdraw from the contract)

To: ThoFlow AI, Stalmeesterstuin 3, 2761 HS Zevenhuizen, Netherlands, [email protected]:

I/We [] hereby give notice that I/We [] withdraw from my/our [*] contract of sale for the provision of the following service: ListenUp Dictation Subscription.

Ordered on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.

Schedule 4: Data Processing Addendum (DPA) for Business Customers

This Data Processing Addendum ("DPA") is incorporated into the ListenUp Dictation Terms of Service and applies to Business Accounts where the Company processes Personal Data on behalf of the Business User, and the Business User is a Controller and the Company is a Processor under the GDPR.

1. Definitions. Terms like "Personal Data," "Controller," "Processor," "Data Subject," and "Processing" shall have the meanings given to them in Article 4 of the GDPR.

2. Roles and Responsibilities. The parties acknowledge that for the Personal Data contained within User Content, the Business User is the Controller and the Company is the Processor. The Company will process Personal Data only on behalf of and in accordance with the Business User's documented instructions, which include these Terms and the use of the Service.

3. Details of Processing.

Subject-matter: The provision of the ListenUp Dictation Service.
Duration: The term of the Business User's Subscription.
Nature and Purpose: To enable transcription and AI refinement of audio Content provided by the Business User's authorized users.
Types of Personal Data: Text transcriptions which may contain any category of personal data as dictated by the user.
Categories of Data Subjects: Individuals whose speech is captured in the audio Content.

4. Security Measures. The Company shall implement and maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk. These measures include:

Encryption: Data encryption in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent)
Access Controls: Role-based access control, multi-factor authentication for administrative access, and principle of least privilege
Network Security: Firewalls, intrusion detection systems, and regular security updates
Physical Security: Data centers with 24/7 monitoring, biometric access controls, and environmental safeguards
Organizational Measures: Security training for personnel, confidentiality agreements, and regular security assessments

A detailed description of security measures is available upon request.

5. Sub-processing. The Business User provides a general authorization for the Company to engage Sub-processors to provide the Service. The Company shall maintain a list of its Sub-processors (as provided in Section 10 of the Terms and the Privacy Policy) and shall inform the Business User of any intended changes concerning the addition or replacement of Sub-processors, thereby giving the Business User the opportunity to object to such changes. The Company will ensure that any Sub-processor is bound by data protection obligations equivalent to those set out in this DPA.

6. Data Subject Rights. The Company shall, to the extent legally permitted, provide reasonable assistance to the Business User to enable the Business User to respond to requests from Data Subjects seeking to exercise their rights under the GDPR.

7. Data Breach Notification. The Company shall notify the Business User without undue delay and, where feasible, not later than 72 hours after becoming aware of a Personal Data Breach affecting the Personal Data processed under this DPA. The notification shall include:

The nature of the breach including, where possible, the categories and approximate number of data subjects and data records concerned
The likely consequences of the breach
The measures taken or proposed to address the breach and mitigate its possible adverse effects
Contact details of the data protection officer or other contact point for more information

8. Audits and DPIA Assistance. The Company shall make available to the Business User all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Business User or another auditor mandated by the Business User. Additionally, the Company shall provide reasonable assistance to the Business User for Data Protection Impact Assessments (DPIAs) by supplying necessary information about our processing activities and the security measures we have in place.

For standard Business Accounts, audit rights shall be satisfied through the provision of relevant documentation, certifications, and questionnaires
On-site audits may be conducted only by enterprise customers with prior written agreement and are subject to reasonable notice (at least 30 days), confidentiality agreements, and reimbursement of reasonable costs
Audits shall be conducted during regular business hours with minimal disruption to operations
The Company reserves the right to object to auditors who are competitors or who present a security risk

9. Data Deletion. Upon termination of the Service, the Company shall delete all Personal Data processed under this DPA in accordance with its data retention policies, unless applicable law requires storage of the Personal Data.

10. International Data Transfers. Where the Company transfers Personal Data outside the EEA or UK in connection with the Service, the Company shall ensure appropriate safeguards are in place:

Standard Contractual Clauses: The Company uses the European Commission's Standard Contractual Clauses (Module 2: Controller to Processor) for transfers to countries without an adequacy decision
Data Privacy Framework: Where applicable, the Company works with Sub-processors certified under the EU-U.S. and UK-U.S. Data Privacy Framework
Transfer Impact Assessments: The Company conducts and maintains transfer impact assessments to evaluate risks and implement supplementary measures where necessary
Supplementary Measures: Including but not limited to encryption, pseudonymization, and access controls to ensure an essentially equivalent level of protection

11. Liability. The liability provisions in the main Terms of Service shall apply to this DPA. The Company's total aggregate liability for all claims arising under this DPA shall be subject to the limitations set forth in Section 14 of the Terms.

12. Term and Termination. This DPA shall remain in effect for as long as the Company processes Personal Data on behalf of the Business User under the Terms of Service. Upon termination, the provisions of Section 9 (Data Deletion) shall apply.

Schedule 5: Apple Minimum Terms

If you obtained the ListenUp Dictation application from Apple Inc.'s ("Apple") App Store, the following terms apply:

1. Acknowledgement. These Terms are concluded between you and ThoFlow AI only, and not with Apple. ThoFlow AI, not Apple, is solely responsible for the ListenUp Dictation application and its content. These Terms do not provide for usage rules for the application that are in conflict with the Apple Media Services Terms and Conditions ("Usage Rules") as of the Effective Date, and you acknowledge that you have had the opportunity to review the Usage Rules.

2. Scope of License. The license granted to you for the application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

3. Maintenance and Support. ThoFlow AI is solely responsible for providing any maintenance and support services with respect to the application, as specified in these Terms, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.

4. Warranty. ThoFlow AI is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ThoFlow AI's sole responsibility.

5. Product Claims. You acknowledge that ThoFlow AI, not Apple, is responsible for addressing any claims of you or any third party relating to the application or your possession and/or use of that application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the application's use of the HealthKit and HomeKit frameworks. These Terms do not limit ThoFlow AI's liability to you beyond what is permitted by applicable law.

6. Intellectual Property Rights. You acknowledge that, in the event of any third party claim that the application or your possession and use of that application infringes that third party's intellectual property rights, ThoFlow AI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

7. Legal Compliance. 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.

8. Developer Name and Address. ThoFlow AI's contact information for any questions, complaints or claims with respect to the application is: ThoFlow AI, Stalmeesterstuin 3, 2761 HS Zevenhuizen, Netherlands, [email protected].

9. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the application (e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the application).

10. Third Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Schedule 6: Google Play Additional Terms

If you obtained the ListenUp Dictation application from Google Play, the following terms apply:

1. These Terms are between you and ThoFlow AI only, and not with Google LLC ("Google"). ThoFlow AI, not Google, is solely responsible for the ListenUp Dictation application, its content, and any support or maintenance services.

2. Your use of the application must comply with Google Play's Terms of Service, including any applicable refund or billing rules.

3. You acknowledge that Google has no obligation or liability with respect to the application or these Terms.

Terms of Service for ListenUp Dictation