Terms of Service

Effective date: 2026-04-19 Last updated: 2026-06-06

1. Who these terms are between

These Terms of Service ("Terms") form a legal agreement between you ("you", "your", "Customer") and M37 Tech Pty Ltd (ABN 88 696 420 363), a company registered in Victoria, Australia ("we", "us", "our"). "Dicted" is the name of the product and Service we provide (defined in Section 2), not a separate legal entity — the contracting party is M37 Tech Pty Ltd.

By creating an account, signing in, or using the service described below, you agree to these Terms. If you do not agree, do not use the service.

If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. What the service is

Dicted is a voice-first productivity tool comprising:

A web application at app.dicted.ai
Desktop applications for Linux, Windows and macOS (where available)
Mobile applications for iOS and Android (when released)
A marketing website at dicted.ai
Supporting APIs hosted at api.dicted.ai

Together these are the "Service". Core functionality includes voice dictation, smart-action text transformations, meeting-intelligence transcription, and voice notes, as described on the pricing page at dicted.ai/#pricing.

2.1 Where the Service is marketed

We design and market the Service for residents of Australia, New Zealand, the United States, and Canada. Pricing is in USD, our brand voice and support are English-only, and we do not run marketing campaigns or build features for other regions.

Residents of other regions may sign up at their own initiative. If you do, you accept that:

Your contract with us is governed by Australian law (clause 13) rather than the consumer-protection or data-protection law of your country of residence (other than rights that cannot be contractually excluded — see clause 10.5);
We process your personal information under the framework described in our Privacy Policy (Australian Privacy Principles, New Zealand Privacy Act, US state laws, or PIPEDA as applicable — NOT EU GDPR or UK GDPR);
We do not maintain an EU or UK Article 27 representative, a GDPR-specific Data Processing Agreement, or the other EU/UK-specific compliance mechanisms; and
You are responsible for complying with the local law that applies to your use of the Service from your location (for example, recording-consent laws for meetings you upload).

We may expand where we actively market the Service over time — see our Privacy Policy for the supported-regions list in force at any given time. Users in countries subject to Australian, UN, or US (OFAC) sanctions may not use the Service under any circumstances.

3. Account registration

3.1 Eligibility

You must be at least 16 years old to create an account. Where your local law sets a higher minimum age for digital-service consent, that higher age applies. If you are a minor under your local law, you confirm you have the permission of a parent or guardian.

3.2 Your account

You are responsible for:

Keeping your password confidential and your device secure
All activity that occurs under your account
Notifying us immediately at [email protected] if you suspect unauthorised access

We may suspend an account we reasonably believe is compromised until you confirm control. We will contact you first whenever feasible.

3.3 One account per person

A dicted account is licensed to a single individual. The concurrent-device limit on your plan (3 devices on Pro, 1 on Free) is intended to allow one person to use Dicted across their own phone, laptop, and desktop — not to allow multiple people to share a single account, whether simultaneously or in rotation. The following are prohibited:

(a) sharing your login credentials with any other person, for any purpose, with or without compensation;
(b) household, office, team, or organisation use where more than one individual is the actual end-user of one account;
(c) reselling, sublicensing, leasing, or otherwise transferring access to your account to third parties;
(d) operating a "Dicted-as-a-service" intermediary that routes other people's audio, text, or smart-action requests through your subscription;
(e) rotating accounts, operating more than one free account simultaneously, or otherwise structuring use to evade the per-plan limits.

We may detect patterns consistent with multi-person sharing or reseller use through behavioural meta-signals (device-location patterns, concurrent activity, request shape) and may suspend or terminate accounts engaged in such use without refund, in addition to any remedies set out in our Fair Use Guidelines and the Acceptable Use Policy. Enterprise and team arrangements are available — contact [email protected].

4. Plans, billing, and cancellation

4.1 Plans

Dicted offers a Free plan, a paid Pro plan (billed monthly or annually), and a bespoke enterprise Business arrangement. Volumes and features for each plan are set out on the pricing page and in the Fair Use Guidelines (dicted.ai/fair-use), both of which are incorporated into these Terms by reference.

4.2 Billing cycle

Monthly subscriptions renew on the calendar anniversary of the start date (for example: signing up on the 15th means each subsequent payment is taken on the 15th). Annual subscriptions renew on the annual anniversary. The Free plan has no billing cycle and never expires.

4.3 Payment

Payment is collected by Stripe. You authorise us, via Stripe, to charge the payment method you provided for the full subscription amount each cycle until you cancel. Applicable taxes (GST in Australia, VAT in the UK/EU where required) are added at the prevailing rate.

4.4 Price changes for new customers

We may change prices for new customers from time to time. We will not decrease the volumes available on any existing paying customer's plan during their current subscription, and we will honour the 24-month price lock for any subscriber who has paid annually (the price we charged you at the start remains the price for 24 months, even if we raise the general price for new customers in that time).

4.5 Free-tier changes

We will not retroactively tighten the Free plan's caps such that an existing Free user loses functionality they previously had. If we change Free-plan limits, we apply the change prospectively to new accounts only.

4.6 Cancellation

You may cancel at any time from the Settings page in your dashboard. Cancellation is a single-click confirmation — no multi-step "retention" flow.

On cancellation:

Your subscription remains active until the end of the current billing cycle.
At cycle end, your account automatically reverts to the Free plan. No pro-rata refund is provided except where required by law (see 4.7).
You can resubscribe at any time, also with a single click.

What happens to your data on cancellation

Cancelling your subscription does not delete your account or your content. Your transcripts, meeting summaries, minutes, action items, and notes are kept until you delete them — we never auto-delete these on any plan.

Meeting audio follows a tiered retention schedule (set out in full in our Privacy Policy §7.1):

On Free, a meeting's audio file is automatically deleted 30 days after the meeting was created; the transcript and all AI-generated outputs are kept.
On Pro, audio is kept while your subscription is active.
When you downgrade from Pro to Free (including by cancelling), nothing is deleted immediately. You receive a 30-day grace period from the downgrade date, during which we email you a reminder and offer to export your audio. After the grace period ends, your meeting audio falls under the Free 30-day-from-creation rule. You can download any meeting's audio at any time before it is deleted.

Storage limits also apply (Free 5 GB / Pro 100 GB of meeting audio). When you are over your plan's limit, new meeting uploads are blocked until you free up space or upgrade; we do not delete existing content to make room.

To delete your account and all associated content entirely, use the Delete account button in Settings — see our Privacy Policy §7 for what is purged and what we are legally required to retain.

4.7 Refunds — statutory rights

Where you voluntarily cancel mid-cycle, no pro-rata refund is provided by default, except:

(i) where required by statute;
(ii) per clause 14 (material ToS change to which you object);
(iii) per the Fair Use Guidelines if we reduce a published cap (we have committed not to reduce caps for existing paid customers — see Fair Use);
(iv) per clause 9.3 (we discontinue the Service).

Australian consumers — ACL guarantees

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010), you have guarantees that cannot be excluded, including that the Service is provided with due care and skill and is reasonably fit for the purpose you disclosed to us. Where we fail to meet a consumer guarantee, you are entitled to the remedies set out in the ACL (re-supply, refund, or compensation for reasonably foreseeable loss). Our liability caps in section 10 do not apply to ACL non-excludable guarantees.

US / Canadian / NZ consumers

Local consumer protection law applies where it sets a higher standard than this clause. Contact [email protected] for any statutory-rights request.

4.8 Failed payment

If your payment fails, we will retry three times over 14 days and email you after each attempt. If all retries fail, your subscription is paused and your account reverts to the Free plan. Your data is preserved during this period.

5. Fair use and acceptable use

5.1 Fair use

Your use of the Service is subject to the volume limits on your plan and the provisions of the Fair Use Guidelines at dicted.ai/fair-use. That document is part of these Terms.

5.2 Prohibited uses

You agree not to:

Use the Service for automated or scripted purposes — including piping audio through the dictation pipeline programmatically, extracting authentication credentials from the desktop client to call backend endpoints directly, running the overlay headlessly, or otherwise using the Service other than as intended for interactive human use
Resell the Service or its output as part of another paid product or service without a separate written agreement with us
Share accounts among multiple people — a Dicted account is for one individual; sharing login credentials, household/office/team rotation on a single subscription, reselling access, or operating a "Dicted-as-a-service" intermediary on one account is prohibited (see §3.3). The device concurrency cap is to support one person across their own devices; meeting that cap does not authorise multi-person sharing. Operating multiple free accounts to circumvent caps is also prohibited
Upload content you do not have the right to transcribe or share — including other people's recordings obtained without their consent where consent is legally required, copyrighted media for redistribution, or material that infringes third-party rights
Upload or generate content that is unlawful — including child sexual abuse material, content inciting violence, credible threats, or content that violates applicable law
Interfere with the Service — including probing, scanning, or testing the vulnerability of any system, breaching security or authentication measures, or launching denial-of-service attacks
Attempt to reverse-engineer the Service or extract its source code beyond what is expressly permitted by open-source licenses for individual components
Use the Service to harass, defame, or violate the privacy of others

5.3 Consequences of violation

We may, in response to suspected violation:

Contact you to discuss the activity and offer a path to continued use
Throttle, suspend, or require verification of an account
Terminate the account with written notice
Pursue legal remedies where the violation causes or is likely to cause harm

Severe violations (CSAM, credible threats, active attacks on our systems) are grounds for immediate suspension without notice and reporting to the relevant authorities.

5A. Professional and regulated use

Some users are members of professions that carry statutory confidentiality obligations — healthcare providers, legal professionals, mental health practitioners, financial advisers, regulated auditors. If your use of the Service involves content subject to those obligations, the following rules apply in addition to Section 5.

5A.1 General rule — professional judgement

Dicted is a general-purpose transcription and AI-summarisation service. It is not marketed or certified as a regulated-industry tool. Before uploading content covered by a professional confidentiality regime, you must evaluate whether the Service satisfies your own professional obligations, jurisdictional requirements, and client / patient consent standards. That evaluation is your responsibility, not ours.

5A.2 Healthcare and Protected Health Information (PHI)

Dicted is not a HIPAA-compliant service. We do not enter into Business Associate Agreements (BAAs) under the US Health Insurance Portability and Accountability Act, do not maintain HIPAA Security Rule controls, and are not certified or audited for HIPAA compliance. We make no representation, in marketing or otherwise, that the Service is suitable for the processing of patient health information.

You must not upload, transmit, dictate, record, or otherwise process through the Service any content that constitutes Protected Health Information ("PHI") as defined under HIPAA (45 CFR §160.103), or any equivalent health-information regulation in your jurisdiction — including (without limitation):

the Australian Privacy Act 1988 (Cth) and APP regime as it applies to health information, the My Health Records Act 2012 (Cth), and state-level Health Records Acts (Victoria Health Records Act 2001; NSW Health Records and Information Privacy Act 2002);
the EU GDPR Article 9 special-category-data framework and equivalent UK Data Protection Act 2018 provisions;
US state-level health-information laws (including but not limited to California CMIA, Texas HB 300, Washington My Health My Data Act); and
equivalent health-information laws in any other jurisdiction.

This prohibition applies whether you are:

A US Covered Entity (including individual clinicians, dentists, therapists, psychologists, or allied health professionals who transmit claims electronically);
A Business Associate of a Covered Entity;
A healthcare provider outside the US subject to equivalent health-information laws; or
Any user processing audio from a healthcare setting that identifies, or could reasonably be used to identify, a patient.

If you are a Covered Entity, Business Associate, or otherwise handle patient health information in the course of your professional activities, you may not use Dicted to process that information — full stop. Use of the Service for PHI is a material breach of these Terms and is grounds for immediate suspension, account termination, and deletion of the offending content under §5.3 and §12. We accept no liability for any consequences (including regulatory penalties, third-party claims, professional-conduct findings, or breach-notification costs) arising from your unauthorised use of the Service for PHI; §10 (Disclaimers and Limits) and §11 (Indemnity from you to us) apply in full.

Content that does not constitute PHI — administrative notes, teaching lectures, research dictation that does not identify a patient, personal voice memos, and other recordings that do not include patient-identifiable health information — is permitted.

If you require a HIPAA-compliant transcription service, Dicted is not the right tool. Providers that offer BAAs include Deepgram Enterprise, AssemblyAI Business, and specialist clinical transcription services.

5A.3 Legal professionals and attorney-client privilege

If you are a lawyer, paralegal, legal executive, or other legal professional, you are bound by professional-conduct rules on confidentiality and privilege (for example, Legal Profession Uniform Law in Australia, SRA Principles in England and Wales, ABA Model Rule 1.6 and state equivalents in the United States).

Those rules typically require you to exercise reasonable care when using third-party service providers to process privileged or confidential client information. Dicted does not hold SOC 2 Type II or equivalent certifications, does not enter into legal-sector data-handling agreements by default, and does not represent that its subprocessor chain satisfies any particular jurisdictional privilege regime. Before using the Service for privileged communications or confidential client matters, you must satisfy yourself — by reference to your jurisdiction's rules and, if applicable, your client's instructions — that doing so meets your reasonable-care obligation.

The zero-retention and no-training commitments described in our Privacy Policy are designed to support reasonable-care evaluations, but they are not a substitute for your own professional judgement. Our subprocessor chain may include cloud providers operating outside your jurisdiction; you are responsible for evaluating whether that is consistent with your professional rules before uploading privileged material.

5A.4 Mental health and therapy

If you are a psychologist, counsellor, psychotherapist, or other mental-health professional, you are bound by statutory and professional-association confidentiality rules that may be stricter than general health-information law (for example, state board rules on psychotherapy notes in the US, Psychology Board of Australia registration standards, BACP and BPS guidelines in the UK).

Do not upload session recordings or notes that identify a client, that describe clinical interventions undertaken with an identified client, or that include disclosed content from a therapy session, without first satisfying yourself that doing so complies with your board's rules, your professional indemnity insurer's requirements, and any applicable informed-consent standards.

5A.5 Financial, insurance, and other regulated professions

If your use of the Service involves content subject to financial-services confidentiality rules (e.g. Australian Financial Services Licensee obligations, FINRA recording rules in the US, FCA conduct rules in the UK), insurance industry rules, audit profession confidentiality standards, or other regulated-industry frameworks, the same principle applies: you must evaluate the Service's suitability against your specific obligations before uploading regulated content.

5A.6 Consequences

If we become aware that you are using the Service in breach of this Section 5A — for example, if a user support ticket references PHI you've uploaded, or if a complaint from a client or patient surfaces content you should not have submitted — we may suspend the account without notice and require immediate deletion of the offending content under Section 5.3.

Breaches of professional-conduct rules by your use of the Service do not give rise to any liability on our part. Section 10 (Disclaimers and Limits of Liability) and Section 11 (Indemnity) apply in full.

5A.7 Recordings of other people

Separately from professional obligations, many jurisdictions require the consent of one or more parties to a recording (one-party consent, two-party consent, or all-party consent). You represent, every time you upload audio to the Service, that you have obtained any consent required by the law of the jurisdiction(s) where the recording was made and of the person(s) recorded. This representation survives termination.

6. Your content

6.1 Ownership

As between you and us, you own the content you create or upload using the Service — your audio, your transcripts, your meeting recordings, your notes, and smart-action outputs generated from your content.

We make no representation that any AI-generated output (such as a smart-action transformation) is protected by copyright under the law of any jurisdiction. Under Australian copyright law, a work requires a human author; machine-generated text from a short prompt may not qualify. This clause confirms ownership as between you and us to the extent any rights exist — it does not create rights that do not exist.

6.2 Licence to us

To deliver the Service, you grant us (and our subprocessors, solely for the purpose of providing the Service) a non-exclusive, worldwide, royalty-free licence to:

host, store, transmit, and back up your content;
process your content through the speech-to-text and language-model providers listed in our Privacy Policy, solely to return the Service output to you;
use your content to deliver features you have explicitly enabled (such as per-user vocabulary learning); and
maintain backups, honour legal preservation obligations, defend claims, and retain aggregated de-identified usage signals.

This licence is limited to the purposes above and ends when you delete the content or your account, except to the extent we must retain:

backups during our standard rotation window (up to 30 days);
material under legal preservation or subpoena;
aggregated, de-identified usage data (no longer linked to you).

6.3 AI training prohibition

We never use your voice, dictation, or meeting content to train AI models — not models made available to other customers or third parties, and not at any point in the future. This is absolute, it is our core trust commitment, and it is contractual with every speech-to-text and language-model provider we use.

For clarity, the following are permitted because none of them involve training any model on your recordings, transcripts, or meeting content:

Per-user features you have explicitly enabled, such as your personal vocabulary or per-user voice adaptation — these stay bound to your account and are never pooled into a shared model
Abuse / fraud classifiers that operate only on metadata (request patterns, IP reputation) and not on content
Aggregated, de-identified usage statistics (counts, durations, feature usage — never the text or audio of your content)

6.4 Upload acknowledgement

Each time you upload audio or video to Dicted (including via drag-and-drop, file picker, or any automated import), you represent and warrant that:

(a) you own or have the right to upload the content;
(b) the recording was made lawfully under the laws of all relevant jurisdictions, including obtaining any consents required for the recording itself (recording laws vary dramatically by jurisdiction — for example, Victoria's Surveillance Devices Act 1999 requires the consent of all parties to a private conversation before it is recorded; other Australian states and US states differ (one-party vs two-party consent); UK RIPA 2000 / IPA 2016 apply to intercepted communications; several European countries treat covert recording as a criminal offence);
(c) the content does not contain Protected Health Information (see §5A.2) or other special-category data prohibited under §5A;
(d) you have read and accept these Terms, the Acceptable Use Policy, and the Privacy Policy.

Use of the upload feature is your binding acknowledgement of (a)–(d). We accept no liability for breach of any of the above representations. We may remove content we reasonably believe violates this section, section 5.2, or any third party's rights (including on credible complaint under our Takedown Procedure), and suspend or terminate accounts that repeatedly post such content.

6.5 Live recording consent

Dicted's live-recording feature captures audio from your device's microphone and/or system audio. Recording laws vary by jurisdiction. Some regions require all-party consent (e.g. California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington, several EU countries, and Victoria under the Surveillance Devices Act 1999); other jurisdictions permit one-party consent. You are solely responsible for ensuring compliance with the recording laws applicable to you and the other parties to a recorded conversation.

By starting a recording in Dicted, you represent and warrant that:

(a) you have the legal right to record the audio under the laws of your and all participants' jurisdictions;
(b) where all-party consent is required, you have obtained that consent from every other party;
(c) you take full responsibility for any failure to obtain required consents and indemnify M37 Tech Pty Ltd for any resulting claim under §11 (Indemnity).

The first time you start a recording on a given device, the Dicted application asks you to acknowledge this section in a one-time consent dialog. That acknowledgement persists per-device; subsequent recordings rely on it without re-prompting. The on-screen acknowledgement does not replace, narrow, or otherwise qualify your warranties under (a)–(c) above — it is an additional, evidentiary record of conscious assent.

When you confirm that consent dialog, Dicted creates a timestamped server-side record of the confirmation — including the date and time, the network (IP) address from which you confirmed, and the version of these consent terms you confirmed against — stored against your account (and the relevant recording where applicable) and may be produced in any dispute. You agree that this timestamped server-side record is conclusive evidence that the confirmation was given by you, in the absence of clear contrary evidence such as a credible account-takeover claim notified to us under §3.2. We retain this record for the longer of the life of the related recording or 24 months after its deletion.

Dicted does not announce its recording status to other parties in a meeting. If announcing recording is required by law in your jurisdiction, you must do so manually. A future product release may add automatic announcement; until then, the responsibility is wholly yours.

6.6 Output accuracy; limitation of use

AI outputs — transcripts, summaries, smart-action transformations, action items — can and do contain errors. They may invent facts ("hallucinate"), mis-transcribe names, mis-attribute statements, or generate misleading text. You must verify any AI output before relying on it for legal, medical, financial, safety-of-life, employment, or other consequential decisions. Outputs are provided as productivity aids, not as authoritative statements of fact.

You agree not to hold out any AI output as a statement of fact by Dicted. Dicted is not the publisher of AI outputs generated from your content; outputs are generated at your direction and remain your responsibility to review.

The Service is not marketed for life-safety, legal-filing, regulated-healthcare, or financial-trade-execution use. Use in those contexts is at your own risk and not covered by any implied fitness-for-purpose representation we make.

6.7 Reciprocal IP indemnity (from us to you)

If a third party claims that your authorised use of the Service — as supplied by us, unmodified, and used within these Terms — infringes that third party's Australian or US copyright, trademark, or patent, we will:

defend or settle the claim at our cost, provided you (i) notify us promptly, (ii) allow us sole conduct of the defence, and (iii) reasonably cooperate; and
reimburse you for any final award of damages or settlement amount agreed by us.

This indemnity does not apply to claims arising from:

content you uploaded or dictated;
your modifications to the Service or combinations with third-party products we did not supply;
use of the Service in breach of these Terms.

Our total liability under this indemnity is capped at the greater of AU$2,000 or twelve months' fees actually paid by you for the Service.

7. Our intellectual property

7.1 General

Subject to Section 6.1, all rights in the Service — including software, user interface, brand, documentation, and aggregated non-personal usage data — remain our property or that of our licensors. You are granted a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

7.2 On-device models and machine-learning assets

The Service includes machine-learning models, including but not limited to the voice-activity detector and other model files we ship with or run behind our applications ("Models"). The trained weights, fine-tuning, architecture choices, and integration work that are ours are our intellectual property, protected by copyright and other laws. Certain Models incorporate, build on, or run alongside third-party open-source or open-weight components that remain the property of their authors and are subject to their own licences — these are listed, with their licences, at dicted.ai/attributions. Our proprietary rights do not extend to those upstream components, and nothing in this section overrides the rights granted under their licences. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Models solely as embedded within Dicted, for your personal or internal business use.

You agree that you will not, and will not permit any third party to:

(a) extract, copy, or remove any Model from a Dicted application;
(b) reverse engineer, decompile, or disassemble any Model, except to the extent that applicable law expressly permits this and that right cannot be excluded by contract (including the limited interoperability rights in EU Directive 2009/24/EC art. 6 and equivalent national laws);
(c) use any Model, in whole or in part, to train, fine-tune, evaluate, or develop any other machine-learning system or product;
(d) redistribute, sublicense, sell, lease, lend, or otherwise transfer any Model to any third party; or
(e) remove or obscure any proprietary notices contained within the Models or the application.

For the avoidance of doubt, this section applies regardless of whether the Models are accessed online, downloaded as part of the application, or stored on your device.

7.3 Trademarks

"Dicted" and the Dicted logo are trademarks of M37 Tech Pty Ltd. M37 Tech reserves all rights in the wordmark, logo, product name, and any associated brand assets. Nothing in these Terms grants you any right or licence to use, register, or display these trademarks, except for limited descriptive nominative use (for example, factually identifying that you use Dicted) provided such use:

(a) does not suggest endorsement, sponsorship, or affiliation by M37 Tech that does not exist;
(b) does not modify the marks (no recolouring, distortion, combining with other marks, or use of confusingly similar marks);
(c) does not use the marks more prominently than your own;
(d) is not used in connection with goods or services that disparage M37 Tech or violate the Acceptable Use Policy.

Any other use — including in advertising, paid media, app-store listings, browser-extension titles, integrations, merchandise, fan content, or domain names — requires our prior written permission. Press and editorial use is permitted under standard journalistic conventions. Unauthorised use of the marks may constitute trademark infringement and we may pursue available remedies.

7.4 Feedback

If you voluntarily submit ideas, suggestions, feature requests, bug reports, design proposals, or other feedback about the Service ("Feedback"), you agree that:

(a) Feedback is provided non-confidentially and at your own initiative; we are under no obligation to maintain it as confidential;
(b) we may use, modify, implement, distribute, sublicense, and exploit the Feedback for any purpose, in any form, in any media, worldwide, royalty-free, in perpetuity, without attribution or compensation to you;
(c) you assign to us all rights, title, and interest you may have in the Feedback to the maximum extent permitted by law, and where assignment is not legally possible you grant us a worldwide, perpetual, irrevocable, royalty-free licence to the same effect;
(d) you represent that any Feedback you submit is your own original contribution or that you have the rights necessary to grant the rights described above.

This section does not give us any rights in your account content (covered by Section 6.1) or override any other obligation we owe you under these Terms or applicable law.

8. Third-party services

The Service integrates with third-party providers including:

Stripe (payment processing)
Cloudflare R2 (meeting file storage)
Oracle Cloud Infrastructure (application hosting + Dicted-operated dictation transcription compute)
RunPod (Secure Cloud — GPU compute for Dicted's self-hosted meeting transcription + diarization pipeline)
Amazon Web Services (transactional email via SES)
OpenAI (speech-to-text fallback for dictation)
Soniox (speech-to-text + diarization fallback for meetings)
Deepgram (speech-to-text fallback for dictation and meetings)
AssemblyAI (speech-to-text + diarization fallback for meetings)
Gladia (speech-to-text fallback for dictation and meetings; established in the European Union)
Groq (speech-to-text fallback and cloud language-model inference fallback for AI artifacts and smart actions)
Google Gemini (language-model processing for AI artifacts and smart actions)
Sentry (crash reporting)

A current, complete list with purposes and data categories appears in the Privacy Policy (section 6) and at dicted.ai/subprocessors. Their services are subject to their own terms; we are not responsible for their acts or omissions beyond our contractual relationships with them.

9. Service availability and changes

9.1 Availability

We aim to make the Service available at all times but do not guarantee a specific uptime in the absence of a written SLA. Maintenance windows, provider outages, and unforeseen issues can cause temporary disruption.

9.2 Service changes

We may update, add to, or remove features of the Service. We will not remove features that are materially detrimental to paying customers during their current term without offering a reasonable alternative or pro-rata refund.

9.3 Discontinuation

If we discontinue the Service entirely, we will:

Give paying customers at least 90 days' written notice (60 days for Free users) — longer for any future Business-tier customer under separate SLA
Enable bulk data export in a documented machine-readable format for the full notice period
Refund any pre-paid unused portion of a subscription

10. Disclaimers and limits of liability

10.1 "As is"

Except where prohibited by law (including the Australian Consumer Law), the Service is provided "as is" and "as available", without warranty of any kind. We do not warrant that the Service will be error-free, uninterrupted, or free from security issues, or that transcription will be free from inaccuracy.

10.2 Transcription and AI-output accuracy

Speech-to-text is an imperfect technology. Transcripts may contain errors, especially with accents, technical vocabulary, overlapping speech, or low-quality audio. AI smart-action outputs may "hallucinate" — invent facts, mis-quote speakers, or generate misleading text.

You are responsible for verifying any AI output before relying on it. The Service is not fit for purpose and not marketed for:

Legal filings, court submissions, or regulated-evidence use
Medical diagnosis or treatment decisions
Financial trade execution or regulated-advice contexts
Life-safety, emergency, or critical-infrastructure operations
Employment decisions (hiring, discipline, termination)

Use in any of the above contexts is at your own risk and outside the scope of any implied fitness-for-purpose representation we make.

10.3 Limit of liability

Subject to §10.4 (Carve-outs) and §10.5 (Australian Consumer Law), to the maximum extent permitted by applicable law, our total cumulative liability to you arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), under statute, or on any other basis, is limited to the greater of (a) AU$100, or (b) the amount you paid us for the Service in the 12 months preceding the event giving rise to the liability. We are not liable for indirect, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, anticipated savings, or data, even where we have been advised of the possibility of such loss.

10.4 Carve-outs from §10.3

Nothing in §10.3 limits or excludes our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud, fraudulent misrepresentation, or deceit by us;
(c) wilful misconduct by us;
(d) gross negligence by us, where that concept is recognised in the relevant jurisdiction;
(e) any other liability that, as a matter of applicable mandatory law, cannot be limited or excluded by agreement (including the non-excludable consumer guarantees under the Australian Consumer Law — see §10.5); or
(f) our obligations under §6.7 (reciprocal IP indemnity from us to you), which carries its own separate cap stated in §6.7.

10.5 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement. Where the Service is provided to you as a "consumer" within the meaning of the ACL, and we have failed to meet a consumer guarantee in a way that cannot be excluded:

For goods: our liability is limited to (at our option) replacement, supply of equivalent, or payment of the cost of replacement
For services: our liability is limited to (at our option) re-supply of the service or payment of the cost of re-supply

11. Indemnity (from you to us)

You agree to indemnify us against any third-party claim that arises from:

your breach of these Terms (including section 5.2 prohibited uses, section 6.4 upload acknowledgement, and section 6.5 live-recording consent warranties);
your violation of applicable law; or
your infringement of another party's rights through your content or your use of the Service.

This indemnity does not apply to the extent the claim results from our breach of these Terms, our negligence, or our breach of the reciprocal indemnity in section 6.7.

As conditions of this indemnity, we will:

notify you promptly of any claim;
allow you reasonable opportunity to defend (not requiring sole control, because you owe us the indemnity, not the other way around);
reasonably cooperate with the defence at your cost; and
not settle without your consent (not to be unreasonably withheld).

For consumer customers on the Free or Pro plans, this indemnity is capped at AU$5,000 per claim except where the claim is caused by your wilful misconduct or fraud. Business-tier or enterprise customers may have different indemnity terms in their separate agreement.

12. Termination

We may suspend or terminate your account if you materially breach these Terms, with at least 14 days' written notice to cure where the breach is curable. For serious breaches (including Section 5.2 violations and non-payment more than 30 days overdue), we may terminate immediately.

On termination:

Your right to use the Service ends
You can export your data for 30 days (see Privacy Policy §7). This 30-day export does not apply to content that is unlawful for us to hold or return, or that is subject to a takedown, preservation, or law-enforcement hold (for example, CSAM) — those items are withheld and handled under our Acceptable Use Policy §3, while the remainder of your data stays exportable
Outstanding fees remain payable
The following sections survive termination, to the extent needed for their purpose: 4.7 (refund remedies earned before termination), 6.1 (ownership), 6.3 (no-training commitment), 6.5 (output accuracy), 6.6 (our IP indemnity), 7 (our IP), 10 (disclaimers and limits), 11 (your indemnity), 13 (governing law), 16 (contact), and any obligation expressly stated to survive.

You may terminate at any time by cancelling your subscription and deleting your account.

12A. Force majeure

Neither party is liable for failure or delay caused by circumstances beyond its reasonable control — including acts of war, terrorism, natural disasters, pandemics, government action, internet or utility outages, failures of third-party infrastructure providers, or denial-of-service attacks. The affected party will notify the other promptly and resume performance as soon as reasonably practicable.

If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected subscription with pro-rata refund of any pre-paid unused period.

12B. Confidentiality

Where, in the course of using the Service or dealing with our support team, either party shares information marked or reasonably understood to be confidential (including pricing terms not published on the pricing page, unreleased feature information, internal product roadmaps, and customer content we process on your behalf), the receiving party will:

use the information only to perform under these Terms;
protect it with the same care it uses for its own confidential information (and no less than reasonable care); and
not disclose it to third parties except to subprocessors and advisors under equivalent confidentiality duties, or as required by law.

This clause does not apply to information that is publicly available, independently developed, or lawfully received from a third party without confidentiality obligation. Enterprise-tier customers may enter a separate, stronger NDA.

13. Governing law, dispute resolution, and class-action waiver

13.1 Governing law

These Terms are governed by the laws of Victoria, Australia, without regard to its conflict-of-law principles.

13.2 Informal resolution first (all users)

Before filing any formal proceeding, you agree to first contact us at [email protected] with a written notice of dispute that describes the nature of the claim and the relief sought. The parties will attempt to resolve the dispute in good faith for at least 30 days from receipt of the notice. The 30-day period does not preclude either party from seeking immediate injunctive relief under §13.3 or §13.4(d) to prevent imminent or ongoing harm.

13.3 Australia, New Zealand, Canada, and rest-of-world

If informal resolution under §13.2 fails, any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of Victoria, Australia, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing in this clause prevents:

an Australian consumer from relying on rights conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth));
a New Zealand consumer from relying on rights conferred by the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ);
a Canadian consumer from relying on rights conferred by the Consumer Protection Act of their province of residence; or
any other consumer from relying on mandatory consumer-protection rights in their country of habitual residence that cannot be contractually excluded.

13.4 United States — binding individual arbitration; class-action waiver

This §13.4 applies only if you are a resident of the United States. If you are not a US resident, §13.3 governs your dispute and you may skip to §13.5.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF THIS SECTION UNDER §13.4(c).

(a) Arbitration agreement. Subject to §13.4(c) (opt-out) and §13.4(d) (carve-outs), any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved under §13.2 will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, available at www.adr.org. The arbitration will be conducted in the city of your residence or by video conference, at your election. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

(b) Class-action waiver. You and we 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, mass, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative, class, or mass proceeding. If a court or arbitrator decides that this class-action waiver is unenforceable as to any particular claim or part of any claim, that claim or part must be brought in court (and not in arbitration) under §13.3, and the remainder of this §13.4 remains enforceable as to all other claims and parts of claims.

(c) 30-day opt-out. You may opt out of this §13.4 within 30 days of first creating your account by emailing [email protected] from the email address on your account with the subject line "ARBITRATION OPT-OUT" and stating that you wish to opt out of arbitration. Opting out has no effect on any other part of these Terms or on your continued use of the Service. If you validly opt out, disputes between you and us will be resolved in court under §13.3.

(d) Carve-outs. This §13.4 does not apply to:

(i) any claim that you bring in small-claims court that remains in small-claims court and is brought solely on an individual basis (where the small-claims court allows it);
(ii) any request for temporary or preliminary injunctive or equitable relief by either party to stop unauthorised use, alleged infringement of intellectual-property rights, or breach of confidentiality;
(iii) any claim that, as a matter of law, cannot be subject to a predispute agreement to arbitrate (for example, claims expressly carved out by federal statute).

(e) Costs. AAA filing, administrative, and arbitrator fees will be paid in accordance with the AAA Consumer Arbitration Rules. Where those rules require us to bear those fees, we will. Each party bears its own attorneys' fees and costs except where the arbitrator orders otherwise pursuant to applicable law or the AAA rules.

(f) Confidentiality of arbitration. The parties, the arbitrator, and AAA will treat the existence, content, and result of any arbitration as confidential, except as necessary to seek enforcement of an award or as required by law.

(g) Severability. If any portion of this §13.4 (other than the class-action waiver in §13.4(b)) is held invalid or unenforceable, the remaining portions remain in effect. If the class-action waiver in §13.4(b) is held invalid as to a particular claim or part of a claim, that claim or part is severed from arbitration and resolved in court under §13.3, and the remainder of §13.4 continues to apply to all other claims and parts of claims. If §13.4 as a whole is held unenforceable as to any claim, that claim will be resolved in court before a judge sitting without a jury (each party waiving any right to a jury trial to the maximum extent permitted by law), in a venue determined under §13.3.

13.5 Australian Consumer Law and other non-excludable rights

Nothing in §13 limits or excludes any right or remedy you have under the Australian Consumer Law, the Australian Privacy Act 1988 (Cth), or any other law that cannot be limited or excluded by agreement.

14. Changes to these Terms

We may update these Terms from time to time. For material changes (anything that alters your rights, reduces our obligations, or changes pricing terms), we will notify you by email at least 30 days before the change takes effect. Non-material changes (typos, clarifications, new contact channels) take effect when posted, with the "Last updated" date at the top updated.

If you do not agree to a material change, you may cancel before the change takes effect and receive a pro-rata refund of any pre-paid period that falls after the effective date.

15. Miscellaneous

Entire agreement — these Terms, together with the Privacy Policy, Fair Use Guidelines, Cookie Notice, Refund and Cancellation Policy, Acceptable Use Policy, Takedown Procedure, and the published Subprocessor List, constitute the entire agreement between you and us regarding the Service.
Assignment — you may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, with 30 days' written notice to you. If you reasonably object to an assignment, you may cancel within that notice period and receive a pro-rata refund of the unused portion of any pre-paid subscription.
Severability — if any provision is held unenforceable, the rest of the Terms remain in effect and the unenforceable provision is reformed to the minimum extent necessary to make it enforceable.
No waiver — a failure to enforce any provision is not a waiver of our right to do so later.
Notices — we contact you at the email address on your account. You contact us at the addresses in Section 16. Email is the primary notice channel for routine matters; service of formal legal process should also be sent by post to the registered office address on public ASIC records for M37 Tech Pty Ltd.
Electronic signature — these Terms may be accepted electronically (by creating an account or clicking an "I agree" control). An electronic record is as binding as a signed paper copy.

16. Contact

General: [email protected]
Support / billing: [email protected]
Privacy: [email protected]
Legal: [email protected]