Terms of Service
These Terms of Service ("Terms") govern your use of the hush·hush macOS application ("the App"), provided by Hyperpower Inc. ("we", "us", "our"). By installing or using the App, you agree to these Terms. If you do not agree, do not install or use the App.
We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on macOS devices that you own or control, for your personal or internal business use. This license does not grant you any ownership interest in the App.
You agree not to, and not to permit anyone else to:
The App, including all of its components, design, branding, and accompanying documentation, is the property of Hyperpower Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. The App incorporates third-party open-source components, which are listed in the App's Acknowledgements screen and are licensed under their own terms; nothing in these Terms limits the rights granted to you under those licenses.
The App processes your voice and text entirely on your device. Our handling of any data is described in the Privacy Policy, which is incorporated into these Terms by reference.
If you downloaded the App from the Apple App Store, the following additional terms apply, and these Terms are between you and Hyperpower Inc. only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. To the extent these Terms grant you any rights, the license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the App Store Terms of Service. Apple has no obligation to provide maintenance and support services for the App. 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 with respect to the App. Apple is a third-party beneficiary of these Terms and, upon your acceptance, has the right to enforce these Terms against you. Where the App Store's End User License Agreement (the "Standard EULA") imposes terms beyond those in these Terms, the Standard EULA also applies; in the event of a direct conflict, these Terms govern only to the extent they are not less restrictive than the Standard EULA.
We may from time to time release updates to the App. Updates may add, change, or remove features. You are not required to install updates, but some features may not function correctly with older versions, and we may discontinue support for older versions.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT TRANSCRIPTIONS PRODUCED BY THE APP WILL BE ACCURATE OR FREE FROM ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYPERPOWER INC., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms remain in effect until terminated. You may terminate them at any time by uninstalling the App and discontinuing all use. We may terminate or suspend your rights under these Terms at any time if you fail to comply with them. Upon termination, you must cease all use of the App. Sections 3, 7, 8, 10, and 11 survive termination.
We may revise these Terms from time to time. The revised version will be posted at this URL with an updated Last updated date. Continued use of the App after a revision takes effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the App shall be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of those courts.
Questions about these Terms? Email hello@hyperpower.dev.