Palabras AI: Terms of Service

Welcome to Palabras AI! These Terms of Service (“Terms”) represent a binding legal agreement between you (the “User,” “Customer,” or “you”) and Quality Health Inc. (“Quality Health,” “we,” “us,” or “our”). These Terms govern your access to and use of the Palabras AI applications, websites, software, and associated voice transcription services (collectively, the “Platform”).

By registering for an account or using the Platform, you agree to comply with these Terms and acknowledge our Privacy Policy. If you do not agree, you must immediately cease using Palabras AI.

Age Requirement: To access or utilize the Platform, you must be at least 18 years of age. By creating an account, you represent and warrant that you meet this legal age requirement.

1. Account Management and Security

To utilize Palabras AI, you must register for a user account. You agree to supply accurate, current, and complete information during registration and keep your profile updated. You bear sole responsibility for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must not share your account access with third parties. If you suspect any unauthorized access or a security breach, you must notify our support team immediately.

2. User Content and AI Generation

A. Ownership and Licensing

You retain all ownership rights to the audio recordings, text, and other materials you submit to the Platform (“Inputs”). In turn, to the extent permitted by law, you own the resulting text and transcriptions generated by the Platform (“Outputs”). Inputs and Outputs collectively constitute your “User Content.”

By using the Platform, you grant Quality Health a global, royalty-free, non-exclusive, sublicensable license to process, store, reproduce, and transmit your User Content strictly for the purpose of operating, maintaining, and delivering the Palabras AI services to you. You warrant that you possess all necessary rights to grant this license and that your User Content does not infringe upon third-party intellectual property or privacy rights.

B. AI Accuracy and Disclaimer

PALABRAS AI UTILIZES GENERATIVE ARTIFICIAL INTELLIGENCE. WE MAKE NO GUARANTEES REGARDING THE FACTUAL ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUTS. ARTIFICIAL INTELLIGENCE CAN PRODUCE HALLUCINATIONS OR INACCURACIES THAT APPEAR HIGHLY PLAUSIBLE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ALL OUTPUTS BEFORE RELYING ON THEM FOR PROFESSIONAL, LEGAL, MEDICAL, OR CRITICAL PURPOSES.

C. Shared Output Characteristics

Because large language models process vast amounts of data, the Outputs generated for you may not be entirely unique. The Platform may generate identical or highly similar Outputs for other users based on their respective Inputs. You hold no proprietary claim over Outputs generated for other users.

D. Privacy Mode and Model Training

As detailed in our Privacy Policy, Quality Health may use anonymized User Content to refine our speech recognition models. However, you maintain absolute control over this process. By toggling Privacy Mode to the “ON” position in your settings, your User Content is immediately excluded from all AI model training and human review.

3. Acceptable Use Policy

You agree to use the Platform only for lawful purposes. You must not engage in, encourage, or facilitate any of the following prohibited activities:

• Security Interference: Bypassing authentication, probing vulnerabilities, reverse-engineering the source code, or attempting to extract our underlying algorithms.
• System Abuse: Introducing malware, conducting denial-of-service attacks, scraping data, or utilizing automated bots to create accounts in bulk.
• Illegal and Harmful Content: Uploading materials that promote violence, terrorism, child exploitation, hate speech, or discrimination against protected classes.
• Privacy Violations: Using Palabras AI to secretly record, transcribe, or eavesdrop on conversations without obtaining the legally required consent from all participating speakers.
• Automated Decision-Making: Using the Platform’s AI features for automated decision-making that produces legal or similarly significant effects on individuals (e.g., hiring, lending, or legal determinations) without adequate human review, particularly to ensure compliance with laws such as the GDPR.
• Competitive Misuse: Utilizing the Platform’s Outputs to train, develop, or improve competing artificial intelligence or machine learning models.
• Misrepresentation: Claiming that Palabras AI Outputs were entirely human-generated or officially endorsed by Quality Health Inc.
• Fraud: Engaging in chargeback fraud, using stolen payment methods, or circumventing subscription limits.

Quality Health reserves the right to suspend or permanently terminate your account without notice if we determine, at our sole discretion, that you have violated this Acceptable Use Policy.

4. Platform License and Software

Subject to your continuous compliance with these Terms and payment of any applicable fees, Quality Health grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform. If you download the Palabras AI client software, it may update automatically; this license applies equally to all such updates.

5. Experimental and Beta Features

We may occasionally offer access to experimental tools or early-release features labeled as “Beta,” “Preview,” or “Early Access.” These features are provided for testing purposes, may contain bugs, and might not match the reliability of our standard services. If a Beta feature is designated as confidential, you agree not to disclose its functionalities or your experience with it to the public until it is officially launched.

6. Intellectual Property Rights

Quality Health Inc. retains all exclusive rights, title, and interest in and to the Palabras AI Platform, including all underlying software, branding, trademarks, and trade secrets. You may not duplicate, modify, or create derivative works based on our proprietary technology. If you choose to submit feedback, bug reports, or feature requests, you grant us the unrestricted right to utilize your suggestions without compensation or obligation.

7. Subscriptions and Payments

• Billing: Premium features require a paid subscription. By selecting a paid tier, you authorize our third-party payment processor (e.g., Lemon Squeezy) to charge your designated payment method on a recurring basis (monthly or annually).
• Taxes: Subscription fees may be subject to local taxes, which will be calculated and added to your total at checkout where legally mandated.
• Cancellations: You may cancel your subscription at any time via your account portal. Cancellations take effect at the end of the current billing cycle. General payments are non-refundable unless explicitly required by consumer protection laws in your jurisdiction, or in the event of a platform discontinuation as outlined in Section 8.
• Price Adjustments: We reserve the right to modify our subscription fees. We will provide reasonable advance notice of any price changes, allowing you the opportunity to cancel before the new rates apply.

8. Modification and Termination of Services

We reserve the right to alter, suspend, or discontinue any aspect of the Platform at any time. You may terminate this agreement simply by deleting your account and discontinuing your use of Palabras AI. We may terminate your access immediately if you breach these Terms, pose a legal risk to Quality Health, or maintain an inactive, unpaid account for over 12 consecutive months.

Service Discontinuation & Refunds: In the unlikely event that Quality Health Inc. decides to permanently discontinue the Platform before the end of a fixed or minimum term you have paid for, we will issue a prorated refund for the unused portion of your prepaid subscription.

Provisions relating to ownership, disclaimers, liability, and dispute resolution shall survive any termination of this agreement.

9. WARRANTY DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY LAW, PALABRAS AI AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUALITY HEALTH INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETELY ACCURATE.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE JURISPRUDENCE, QUALITY HEALTH INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES LOSS OF PROFITS, REVENUE, DATA, OR REPUTATION ARISING OUT OF YOUR USE OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE LEGAL THEORY ASSERTED. QUALITY HEALTH INC. ASSUMES NO LIABILITY FOR ERRORS IN AI OUTPUTS, UNAUTHORIZED ACCESS TO YOUR DATA BY MALICIOUS ACTORS, OR THE CONDUCT OF THIRD-PARTY SERVICES.

Note for EU Consumers: If you reside in the European Economic Area (EEA) and use Palabras AI for non-commercial purposes, these liability limitations do not apply to damages resulting from our gross negligence, willful misconduct, or statutory guarantees that cannot be contracted away.

11. Indemnification

You agree to defend, indemnify, and hold harmless Quality Health Inc., its executives, employees, and affiliates from any claims, damages, liabilities, and legal expenses (including attorney’s fees) arising out of your violation of these Terms, your User Content, or your infringement of any third-party rights or applicable laws (including regional wiretapping or consent-to-record statutes).

12. Dispute Resolution and Governing Law

• Governing Law: These Terms shall be governed by the laws of the State of California, USA, without regard to conflict of law principles. However, if you are a consumer residing in the EU or Latin America, this clause does not deprive you of the mandatory consumer protections afforded by your local jurisdiction.
• Informal Resolution: Before filing any formal claim, you agree to attempt to resolve the issue amicably by contacting support@palabrasai.com. We will work with you for 60 days to find a resolution.
• Mandatory Arbitration (US Users): If a dispute cannot be resolved informally, users residing in the United States agree to resolve the matter through binding individual arbitration administered by the American Arbitration Association (AAA), rather than in civil court.
• Arbitration Opt-Out: You have the right to opt out of the mandatory arbitration provision by emailing support@palabrasai.com within 30 days of first registering your account. If you opt out, disputes will be resolved in the state or federal courts located in San Francisco, California.
• Small Claims Exception: Notwithstanding the arbitration agreement, either you or Quality Health Inc. may assert qualifying claims in a small claims court in San Francisco, California, or any United States county where you reside or work.
• Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13. Copyright Infringement (DMCA)

We respect the intellectual property of others. If you believe your copyrighted work has been infringed upon through our Platform, please submit a formal takedown notice to our designated copyright agent at legal@palabrasai.com. We terminate the accounts of repeat infringers in appropriate circumstances.

14. Enterprise Authorized Users

If your access to Palabras AI is provided by your employer or an enterprise entity (“Customer”), you are considered an “Authorized User.” The Customer holds the primary relationship with Quality Health Inc. and is entirely responsible for ensuring that all of its Authorized Users strictly comply with these Terms. Any breach by an Authorized User is considered a breach by the Customer.

15. General Provisions

• Entire Agreement: These Terms, combined with our Privacy Policy, constitute the whole agreement between you and Quality Health Inc. regarding your use of Palabras AI.
• Severability: If any single provision of these Terms is deemed invalid or legally unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force.
• Modifications: We may periodically update these Terms. We will notify you of any material changes via email or an in-app alert. Continued use of the Platform after the effective date of the updated Terms signifies your acceptance of the changes.
• Assignment: You may not transfer or assign your rights under these Terms. Quality Health Inc. may freely assign our rights and obligations in the event of a merger, acquisition, or corporate reorganization.