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Terms of Use

Please read these terms carefully before using the Smalltalk app. By using Smalltalk, you agree to these terms.

Last updated: April 1, 2026

Scope & Agreement

These Terms of Use ("Terms") govern your use of the Smalltalk mobile application ("App"), developed and provided by Sebastian Oczachowski, Risistrasse 19, 5737 Menziken, Switzerland ("Developer").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App.

The App is licensed, not sold, to you. The Developer reserves all rights not expressly granted to you under these Terms.

License

Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, as permitted by the Apple App Store Terms of Service.

You may not:

App Description

Smalltalk is a voice-notes application for iOS that allows you to record, transcribe, and organize voice notes using Apple's on-device technologies including Speech Recognition and Apple Intelligence.

The App processes all data locally on your device. Transcription accuracy and AI-generated content (titles, tags, action items) depend on Apple's system frameworks and may vary. The Developer does not guarantee the accuracy or completeness of any automatically generated content.

User Content & Data

You retain all rights to the content you create using the App, including voice recordings, transcriptions, notes, and any other data ("User Content"). The Developer claims no ownership of your User Content.

All User Content is stored locally on your device. If you enable iCloud sync, your data is additionally stored in your personal iCloud account via Apple's CloudKit framework. The Developer has no access to your User Content at any time.

You are solely responsible for backing up your User Content. The Developer is not liable for any loss of data.

Apple App Store Terms

These Terms are between you and the Developer only, not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the App and its content.

Your use of the App must comply with the Apple App Store Terms of Service. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

The Developer, not Apple, is responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Apple is a third-party beneficiary of these Terms and has the right to enforce them against you. In the event of any conflict between these Terms and the Apple App Store Terms of Service, the App Store Terms of Service shall prevail.

Intellectual Property

The App, including its design, code, graphics, icons, and all related intellectual property, is owned by the Developer and is protected by Swiss copyright law (URG) and international intellectual property laws.

The Smalltalk name, logo, and all related marks are trademarks of the Developer. You may not use these marks without the Developer's prior written consent.

Apple, the Apple logo, iPhone, iPad, Apple Watch, App Store, iCloud, Face ID, Touch ID, and Apple Intelligence are trademarks of Apple Inc., registered in the U.S. and other countries.

Warranty Disclaimer

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Developer does not warrant that the App will function uninterrupted, error-free, or that defects will be corrected. The accuracy of transcriptions and AI-generated content depends on Apple's system frameworks and is not guaranteed by the Developer.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Developer be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising out of or in connection with your use of the App.

The Developer's total liability to you for all claims arising from or related to the App shall not exceed the amount you paid for the App, if any.

The Developer is not responsible for any claims arising from your failure to comply with these Terms, or from any third party's actions in connection with your use of the App.

Third-Party Claims

The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to:

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Termination

These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of its provisions.

Upon termination, you must cease all use of the App and delete all copies of the App from your devices. Termination does not affect your User Content stored on your device or in your iCloud account.

Applicable Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the competent courts at the domicile of the Developer in Menziken, Canton of Aargau, Switzerland.

If you are a consumer residing in the European Union, you additionally benefit from any mandatory provisions of the law of the country in which you reside. Nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

Changes to These Terms

The Developer reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated date. Your continued use of the App after any changes constitutes acceptance of the new Terms. We encourage you to review this page periodically.

Contact

If you have any questions about these Terms of Use, please contact us at:

hello@smalltalknotes.com