Terms of Service

1. Acceptance of Terms

By accessing and using this service (hereinafter "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes your acceptance of the new Terms.

2. Service Description

Our Service provides audio transcription functionality utilizing Google Cloud Speech-to-Text technology. The Service is designed for general use cases including, but not limited to, gaming, live lectures, and other audio transcription needs. The Service is available globally to individual users.

The Service operates through an Electron-based desktop client built on the Overwolf infrastructure, and users are responsible for complying with Overwolf's terms and any platform-specific requirements.

3. User Eligibility

You may use the Service if you are:

• At least 18 years of age or the legal age of majority in your jurisdiction, OR
• A minor (under 18 years of age) with the consent and supervision of a legal parent, guardian, or adult representative who agrees to be responsible for your use of the Service and compliance with these Terms

If you are a minor using the Service, your parent, guardian, or legal representative must:

• Have full access to your account and activity
• Supervise your use of the Service
• Be responsible for all charges and liabilities arising from your use
• Agree to be bound by these Terms on your behalf

By using the Service, you (or your parent/guardian if you are a minor) represent and warrant that you meet these eligibility requirements and accept full responsibility for compliance with these Terms.

4. User Responsibilities

4.1 Consent and Legal Compliance

You are solely responsible for ensuring that:

• You have the legal right to transcribe, record, and process any audio through our Service
• You have obtained all necessary consent from any individuals whose voices or audio content will be transcribed
• Your use of the Service complies with all applicable local, state, national, and international laws and regulations, including but not limited to recording consent laws in your jurisdiction

4.2 Prohibited Uses

You agree not to use the Service in any manner that:

• Violates these Terms of Service
• Constitutes fraud, including but not limited to paid service fraud or misrepresentation of usage
• Engages in any form of abuse, harassment, or malicious activity
• Circumvents or attempts to circumvent payment mechanisms
• Violates any third-party rights, including intellectual property, privacy, or publicity rights
• Is illegal or promotes illegal activity

4.3 Content Ownership

You retain all ownership rights to your audio content, transcriptions, and any derivative works created from your transcriptions. You are free to record, use, and distribute your transcriptions for both private and commercial purposes, provided you have the legal right to do so under applicable laws.

5. Account Management and Termination

5.1 Account Termination for Violations

We reserve the right to terminate your account and ban you from using the Service, with or without notice, if we detect:

• Violations of these Terms of Service
• Fraudulent activity, including paid service fraud
• Abuse or misuse of the Service
• Any other conduct we determine, in our sole discretion, to be harmful to the Service or other users

5.2 Appeal Process

If your account is terminated, you may submit an appeal to our help desk within 30 days of the termination notice. We will review your appeal and provide a decision within one month of receiving it. Appeals should include:

• Your username and account information
• A detailed explanation of why you believe the termination was in error
• Any supporting evidence or documentation

Submitting an appeal does not guarantee reinstatement of your account.

5.3 User-Initiated Termination

You may terminate your account at any time by contacting our support team at contact@equalgaming.co. Upon termination, your account access will be revoked, though your historical metadata may continue to be retained in accordance with our Privacy Policy.

6. Service Availability and Performance

We strive to provide reliable service and make efforts to maintain consistent availability and performance. However, we do not guarantee uninterrupted service, specific uptime percentages, or any particular level of performance. The Service may be subject to scheduled or unscheduled maintenance, interruptions, or delays.

7. Third-Party Services and Content

7.1 Google Cloud Speech-to-Text

The Service uses Google Cloud Speech-to-Text ("Google STT") for audio transcription. By using our Service, you acknowledge and agree that:

• Audio content will be processed by Google Cloud services
• You are responsible for ensuring you have the legal right to provide audio to Google STT for processing
• Google's terms of service and privacy policies govern their processing of your audio
• We are not responsible for Google STT's performance, accuracy, availability, or compliance with your expectations

7.2 Transcription Content

We are not responsible for the accuracy, completeness, or appropriateness of transcriptions generated by Google STT or any third-party speech-to-text provider. The responsibility for transcription accuracy and content validity rests solely with the third-party STT providers.

7.3 Overwolf Platform

The Service operates on the Overwolf platform. You must comply with Overwolf's terms of service and platform policies when using our Service. We are not responsible for Overwolf's performance, availability, or changes to their platform.

8. Intellectual Property

All intellectual property rights in the Service itself, including but not limited to software, design, and functionality, are owned by us or our licensors. You may not copy, modify, distribute, or reverse-engineer the Service without explicit permission.

However, all audio content, transcriptions, and derivative works you create through the Service are your exclusive property, and you retain all rights to use them as you see fit, provided you have the legal right to do so.

9. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of data, profits, revenue, or business opportunities
• Errors or omissions in transcriptions or service performance
• Unauthorized access to your account or data
• Third-party actions or services, including those of Google STT or Overwolf

In no event shall our total liability exceed the amount you paid for the Service in the 12 months preceding the event giving rise to liability.

10. Disclaimer of Warranties

The Service is provided on an "as-is" and "as-available" basis without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy of transcriptions
• Uninterrupted service

11. Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your infringement of any third-party rights
• Your failure to obtain necessary consent for audio transcription

12. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Delaware, United States.

13. Contact Information

For questions about these Terms of Service, appeals regarding account termination, or other inquiries, please contact our support team.

14. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.