terms of service

The Services are provided by Dawn.

Contact: work.dslalwani@gmail.com

You must be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction, you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Services, you represent and warrant that you meet these eligibility requirements.

Dawn provides an OS-level overlay application that may include:

• Speech-to-text transcription (basic and "smart" transcription with AI-powered formatting)
• AI-powered chat functionality
• Local notes creation and management
• Local browsing panels
• Overlay interfaces for quick access to features

3.1 Local-First Architecture

By design, the Services operate on a local-first principle. This means:

• The content of your notes, chats, and browser usage (including page content, URLs visited, and any text you enter) remains stored locally on your device.
• We do not collect, transmit, or store this content on our servers.
• Your local data is your responsibility to back up and secure.

3.2 Third-Party AI Services

Certain features (transcription, smart transcription, AI chat) rely on third-party AI providers. When you use these features:

• Your input data (audio for transcription, text prompts for chat) is transmitted directly to the third-party provider to process your request.
• This transmission occurs between your device and the third-party provider—Dawn does not store or have access to this data in transit or after processing.
• The third-party provider's terms and privacy policies govern their handling of your data.

4.1 Account Creation

You may be required to authenticate during onboarding. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account

4.2 Account Responsibility

You are solely responsible for all activity that occurs under your account, whether or not you authorized such activity. We are not liable for any loss or damage arising from your failure to comply with this section.

5.1 Current Model

Currently, certain features of the Services require you to provide your own API keys from third-party service providers (such as Groq, OpenAI, Google, or other AI/transcription providers).

5.2 Your Responsibilities

When using the BYO Key model:

• You are solely responsible for obtaining, maintaining, and securing your API keys.
• You are solely responsible for any charges, fees, or costs incurred through your use of third-party APIs.
• You must comply with the third-party provider's terms of service, acceptable use policies, and usage limits.
• You acknowledge that your API keys may be stored locally on your device for functionality purposes.

5.3 Third-Party Terms

Your use of any third-party services through the App is governed by that third party's terms of service and privacy policy, not by these Terms.

5.4 Future Subscription Model

We may introduce subscription plans in the future that provide managed API access, removing the need for BYO keys. If introduced, such subscriptions will be subject to additional terms.

6.1 No Guarantee of Accuracy

The Services may utilize artificial intelligence and machine learning models provided by third parties. AI-generated outputs (including but not limited to transcriptions, smart transcriptions, and chat responses) may be inaccurate, incomplete, misleading, biased, or inappropriate.

6.2 Your Responsibility

You acknowledge and agree that:

• You are solely responsible for reviewing, verifying, and evaluating all AI-generated content before relying on or using it.
• You must not rely on AI-generated content for critical decisions without independent verification.
• AI outputs do not constitute professional advice of any kind (medical, legal, financial, psychological, or otherwise).
• Dawn is not responsible for the quality, accuracy, or appropriateness of any AI-generated content.

You agree not to (and not to attempt to):

• Use the Services for any illegal purpose or in violation of any law or regulation
• Use the Services to infringe the intellectual property, privacy, publicity, or other rights of any third party
• Use the Services to harass, abuse, defame, threaten, or intimidate any person
• Use the Services to generate, distribute, or facilitate spam, malware, or malicious content
• Reverse engineer, decompile, disassemble, or derive source code from the Services, except where such restriction is prohibited by applicable law
• Resell, sublicense, or commercially exploit the Services without our prior written consent

8.1 Ownership

You retain all ownership rights to the content you create locally using the Services (notes, chat conversations, etc.). We do not claim ownership of your local content.

8.2 Your Responsibilities

You are solely responsible for:

• Backing up your device and all local data—we are not responsible for any loss of data
• Securing your device against unauthorized access
• Reviewing and verifying any outputs before relying on or sharing them

We and our licensors own all right, title, and interest in and to the Services, including all software, code, technology, designs, graphics, and trademarks.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Services for your personal, non-commercial purposes.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAWN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.

OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY UNITED STATES DOLLARS (US $50).

Before filing any formal legal action, you agree to first contact us at work.dslalwani@gmail.com and attempt to resolve any dispute informally for at least thirty (30) days.

If we cannot resolve a dispute informally, any dispute shall be resolved by binding individual arbitration, rather than in court. You and Dawn each waive the right to a jury trial.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

You may stop using the Services at any time. You may delete your account by contacting us at work.dslalwani@gmail.com.

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice.

We may modify these Terms at any time by posting the revised Terms on our website or within the App.

Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at:

Email: work.dslalwani@gmail.com