1. Acceptance of Terms

Welcome to Vocial. These Terms of Service ("Terms") constitute a legally binding agreement between you and Vocial, operated by Nenad Grujicic in Ontario, Canada ("we", "us", "our").

By accessing or using the Vocial mobile application ("App"), you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our service.

2. Early Access

Vocial is currently in early access. The app is actively being improved and refined, so you may occasionally encounter bugs, performance issues, or changes as development continues based on user feedback.

By using Vocial during early access, you acknowledge and accept that:

• Features may change or be removed without prior notice
• The service may experience temporary interruptions or unexpected behavior
• Your feedback and bug reports help shape the future of Vocial
• Data loss, while unlikely, could occur during this development phase

Early access does not guarantee future access or features as Vocial continues to evolve.

3. Description of Service

Vocial is a social media platform that allows users to create, share, and discover voice-based content. Our service includes:

• Creating and sharing voice recordings
• Discovering and listening to content from other users
• Interacting through likes, comments, and follows
• AI-powered features including automated title suggestions
• Personal Vault for private voice recordings
• Profile customization and social features

4. Eligibility

To use Vocial, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the service under applicable laws
• Comply with all local laws regarding online conduct and content

If you are under 18, you represent that you have your parent or guardian's permission to use the App.

5. User Accounts

5.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account.

5.3 Account Termination

You may delete your account at any time through the App settings. Upon deletion:

• Your access to the service will be terminated
• Your profile and public content will be removed within 14 days
• Some content may remain in backups for up to 90 days

6. User Content

6.1 Your Content Rights

You retain all ownership rights to the voice recordings and other content you create and post on Vocial ("Your Content"). However, by posting Your Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Use, reproduce, and store Your Content
• Display, distribute, and make Your Content available to other users
• Process Your Content using AI for features like title generation
• Create derivative works (such as waveform visualizations)
• Promote and market the service using Your Content

This license exists only for the purpose of operating and improving Vocial and ends when you delete Your Content or your account (subject to backup retention).

6.2 Content Guidelines

You agree that Your Content will not contain or promote:

• Illegal content: Content that violates any laws or regulations
• Intellectual property infringement: Content that violates copyrights, trademarks, or other rights
• Hate speech: Content that promotes hatred, violence, or discrimination
• Harassment: Content that bullies, threatens, or harasses others
• Adult content: Sexually explicit or pornographic material
• Misinformation: Deliberately false or misleading information
• Spam: Unsolicited commercial content or repetitive messages
• Harmful content: Content that promotes self-harm, suicide, or dangerous activities
• Impersonation: Content that impersonates others to deceive or mislead

6.3 Content Moderation

We reserve the right to:

• Review, monitor, and remove content that violates these Terms
• Suspend or terminate accounts that repeatedly violate our guidelines
• Use automated systems and AI to detect policy violations
• Remove content without prior notice if it poses immediate harm

We are not obligated to monitor content but may do so at our discretion.

6.4 Personal Vault Content

Content saved to your Personal Vault is private and accessible only to you. We will not share, display, or use Personal Vault content except as necessary to provide the service or as required by law.

7. Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or these Terms
• Impersonate any person or entity, or misrepresent your affiliation
• Interfere with or disrupt the service or servers
• Attempt to gain unauthorized access to any part of the service
• Use automated tools (bots, scrapers) without our permission
• Collect or harvest user information without consent
• Reverse engineer, decompile, or disassemble the App
• Transmit viruses, malware, or harmful code
• Engage in any fraudulent or deceptive practices
• Use the service for any commercial purpose without our consent

8. Intellectual Property

8.1 Our Intellectual Property

The Vocial App, including its design, features, code, and content (excluding user-generated content), represents our original work and proprietary materials. Unauthorized use, reproduction, or distribution is prohibited.

The Vocial name, logo, and branding are our proprietary assets. You may not use them without our prior written permission.

8.2 License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to these Terms.

8.3 Copyright Infringement

We respect intellectual property rights. If you believe your work has been infringed, please contact us at legal@vocial.app with:

• Description of the copyrighted work
• Location of the infringing content
• Your contact information
• Statement of good faith belief that use is unauthorized
• Statement that the information is accurate
• Physical or electronic signature

9. AI-Powered Features

Vocial uses OpenAI's artificial intelligence services to enhance your experience:

• Audio transcription: OpenAI Whisper transcribes your voice recordings to text
• Title generation: OpenAI GPT-4o-mini suggests titles for your voice posts based on transcriptions
• Language detection: AI automatically detects the language of your content
• Content moderation: AI helps identify content that may violate our guidelines

Your audio files and transcriptions are sent to OpenAI for processing. AI suggestions are automated and may not always be accurate. You are responsible for reviewing and approving all AI-generated content before posting.

10. Third-Party Services

Vocial integrates with the following third-party services:

• OpenAI (Whisper and GPT-4o-mini): Audio transcription, title generation, and language detection
• Supabase: Cloud database, authentication, and file storage infrastructure
• Expo Push Notification Service: Delivery of push notifications to your device
• ip-api.com: IP geolocation for language detection and security monitoring
• Sentry: Error tracking and performance monitoring
• Google/Apple OAuth: Optional sign-in methods

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

11. Termination

11.1 Termination by You

You may terminate your account at any time by deleting it through the App settings.

11.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our content guidelines
• You engage in fraudulent or illegal activities
• Your account has been inactive for an extended period
• We are required to do so by law
• We discontinue the service

We will provide notice when reasonably possible, but reserve the right to terminate immediately for serious violations.

11.3 Effect of Termination

Upon termination:

• Your right to use the service ends immediately
• We may delete your account and content
• Some provisions of these Terms will survive termination

12. Service Disclaimer

Vocial is provided "as is" without any guarantees. We strive to provide a great service, but we cannot promise:

• That the App will always work perfectly or be available at all times
• That all features will work exactly as you expect
• That the App will be completely free from errors or interruptions
• That user-generated content will be accurate or reliable

You use the App at your own risk and discretion.

13. Limitation of Liability

To the extent permitted by law, we are not responsible for:

• Any damages arising from your use of the App
• Loss of data or content
• Service outages or technical issues
• Actions or content of other users

If you do have a valid claim against us, the maximum amount we would owe you is $100 CAD or the amount you paid us in the past 12 months (whichever is greater).

Note: Some regions may not allow these limitations, in which case they may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Vocial and its operator from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the service
• Your Content
• Your violation of these Terms
• Your violation of any rights of another person or entity

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at legal@vocial.app to attempt informal resolution.

15.3 Jurisdiction

Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Sending you a notification for significant changes

Your continued use of Vocial after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the service and delete your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the service.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

17.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

17.5 Circumstances Beyond Our Control

We are not responsible for any delays or issues caused by events outside of our control, such as natural disasters, technical infrastructure failures, government actions, or other unforeseeable circumstances.

18. Contact Information

If you have questions about these Terms, please contact us:

Vocial
Operated by Nenad Grujicic
Ontario, Canada
Email: legal@vocial.app

For general support: support@vocial.app
For privacy inquiries: privacy@vocial.app