Terms of Service for Rubber Ducky

1. Agreement to Terms

By accessing or using Rubber Ducky (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

Rubber Ducky is provided by Valteria LLC (“Company,” “we,” “our,” or “us”), a Texas LLC.

2. Description of Service

Rubber Ducky is an AI-powered voice logging application that allows users to:

• Record and upload voice memos
• Generate AI-powered transcriptions and summaries
• Organize and search voice logs
• Extract work-related insights and data points
• Integrate with third-party productivity tools
• Generate reports and analytics from voice data

The Service operates independently from our consulting services and maintains separate data and privacy practices.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

3.2 Account Creation

To access the Service, you must create an account by providing:

• A valid email address
• A secure password
• Any additional information required for your chosen subscription plan

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Ensuring your account information remains accurate and up-to-date

4. Subscription Plans and Billing

4.1 Available Plans

We offer multiple subscription tiers:

• Free Plan: Limited usage with core features
• Pro Plan: Enhanced features and higher usage limits
• Business Plan: Advanced features for teams and organizations

4.2 Free Plan

The Free Plan includes:

• 30 voice logs per month
• 30 minutes of audio processing per month
• Basic AI summaries and search functionality
• No credit card required

4.3 Paid Subscriptions

Paid subscriptions include:

• Higher usage limits as specified in your chosen plan
• Advanced features and integrations
• Priority customer support
• Additional AI processing capabilities

4.4 Billing and Payment

• Paid subscriptions are billed monthly or annually in advance
• All fees are non-refundable except as required by law
• We use third-party payment processors and do not store your payment information
• You authorize us to charge your payment method for all fees incurred
• Price changes will be communicated 30 days in advance

4.5 Promotional Pricing

From time to time, we may offer promotional pricing for our subscription plans. The following terms apply to promotional rates:

• Permanent Rate Lock: Any promotional rate you sign up for becomes your permanent subscription price for as long as you maintain an active account without interruption
• Loss of Promotional Rate: If you cancel your subscription at any point, you forfeit your promotional rate permanently and will not be eligible for the same promotional pricing if you resubscribe
• Future Promotions: If you lose your promotional rate due to cancellation, you may only access new promotional rates if and when we offer them again in the future
• Account Continuity: To maintain your promotional rate, your subscription must remain active and in good standing. Suspended accounts due to non-payment will lose promotional pricing
• No Retroactive Application: Promotional rates only apply to new subscriptions initiated during the promotional period and cannot be applied retroactively to existing subscriptions

4.6 Automatic Renewal

Paid subscriptions automatically renew unless canceled before the renewal date. You may cancel your subscription at any time through your account settings.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service for legitimate business and personal purposes, including:

• Recording work-related voice logs and updates
• Personal productivity and organization
• Team collaboration and communication
• Project management and documentation

5.2 Prohibited Uses

You may not use the Service to:

• Record or upload content that violates laws or regulations
• Record conversations without proper consent where required by law
• Upload content containing hate speech, harassment, or discriminatory language
• Record or share confidential information without authorization
• Attempt to reverse engineer, hack, or compromise the Service
• Use the Service to compete with us or create similar services
• Upload malware, viruses, or malicious code
• Record content that infringes on intellectual property rights
• Share accounts or access credentials with unauthorized users
• Use automated tools to access the Service without permission

5.3 Content Monitoring

While we do not actively monitor user content, we reserve the right to:

• Review content for compliance with these Terms
• Remove content that violates our policies
• Suspend or terminate accounts for policy violations
• Report illegal activity to appropriate authorities

6. AI Processing and Accuracy

6.1 AI Services

The Service uses artificial intelligence for:

• Speech-to-text transcription (powered by OpenAI Whisper)
• Content analysis and summarization (powered by Google Gemini)
• Data extraction and organization
• Insight generation and reporting

6.2 Accuracy Disclaimer

While we strive for high accuracy, AI-generated content may contain errors. You acknowledge that:

• Transcriptions and summaries are generated automatically and may not be 100% accurate
• You should review AI-generated content before relying on it for important decisions
• We do not guarantee the accuracy, completeness, or reliability of AI outputs
• You are responsible for verifying important information

6.3 Third-Party AI Services

We use third-party AI services that have their own terms and privacy policies. By using our Service, you acknowledge that your content may be processed by these third-party services according to their terms.

7. Content and Data Ownership

7.1 Your Content

You retain ownership of all content you upload, record, or create using the Service (“Your Content”). By using the Service, you grant us a limited license to:

• Process Your Content to provide the Service features
• Store and backup Your Content for service delivery
• Generate AI-powered insights and summaries from Your Content
• Use anonymized, aggregated data for service improvement

7.2 Generated Content

AI-generated summaries, transcriptions, and insights created from Your Content remain your property. However, you acknowledge that similar outputs may be generated for other users from their own content.

7.3 Our Intellectual Property

The Service, including its software, algorithms, user interface, and documentation, is our intellectual property. You may not:

• Copy, modify, or distribute our software or algorithms
• Use our trademarks or branding without permission
• Claim ownership of our intellectual property

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use, modify, and incorporate such feedback without compensation or attribution.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Force majeure events
• Third-party service interruptions

9.2 Service Modifications

We reserve the right to:

• Modify or discontinue features of the Service
• Update our AI models and processing capabilities
• Change our integrations with third-party services
• Implement new features and improvements

We will provide reasonable notice of material changes that affect your use of the Service.

10. Integrations and Third-Party Services

10.1 Third-Party Integrations

The Service may integrate with third-party services such as:

• JIRA for ticket tracking
• Calendar applications
• Productivity tools
• Cloud storage services

10.2 Third-Party Terms

Your use of integrated third-party services is subject to their respective terms of service and privacy policies. We are not responsible for third-party services or their availability.

10.3 Integration Risks

You acknowledge that:

• Third-party integrations may affect Service functionality
• We cannot guarantee the continued availability of integrations
• You are responsible for managing your third-party service accounts and permissions

11. Limitation of Liability

11.1 Service Provided “As Is”

The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.2 Limitation of Damages

To the maximum extent permitted by law, our total liability for any claims arising from or relating to the Service shall not exceed:

• For Free Plan users: $100
• For paid subscribers: the amount you paid us in the 12 months preceding the claim

11.3 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or content
• Business interruption
• Loss of goodwill or reputation

11.4 AI-Specific Limitations

We specifically disclaim liability for:

• Errors in AI-generated transcriptions or summaries
• Decisions made based on AI-generated content
• Misinterpretation of voice recordings by our AI systems
• Technical issues with third-party AI services

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or record using the Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our customer support
• Following the account deletion process in your dashboard

13.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in prohibited activities
• Your account remains inactive for extended periods
• We discontinue the Service (with 30 days’ notice)

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Your content will be deleted according to our data retention policy
• Paid subscription fees are non-refundable except as required by law
• Provisions of these Terms that should survive will remain in effect

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Texas, without regard to conflict of law principles.

14.2 Jurisdiction

Any legal proceedings must be brought in the state or federal courts located in Texas.

14.3 Dispute Resolution Process

Before filing any lawsuit, you agree to:

• Contact us directly to attempt resolution
• Participate in good faith negotiations for 30 days
• Consider mediation if direct negotiation fails

14.4 Class Action Waiver

You agree that any dispute will be resolved individually and not as part of a class action or collective proceeding.

15. Business Structure and Separation

Rubber Ducky operates as a distinct service within our consulting company’s portfolio. These Terms apply specifically to Rubber Ducky and do not create any relationship, obligation, or agreement regarding our separate consulting services.

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms.

16.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or third-party service failures.

16.6 Export Control

You acknowledge that the Service may be subject to export control laws and agree to comply with all applicable regulations.

17. Changes to Terms

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Sending email notification to registered users
• Providing in-app notification of changes

Material changes will take effect 30 days after notification. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Contact Information

For questions about these Terms of Service: