These Terms of Use (these "Terms") constitute a binding agreement between you and Fermion Research, Inc., a Delaware corporation ("Fermion Research", "we", "us" or "our"), governing your use of Detta. Please read them carefully.
Article 1. Acceptance
1.1 Agreement. Detta is a dictation application for the Mac made by Fermion Research, Inc. It is free to download and use. By downloading or using it, you agree to these Terms and to the Detta Privacy Policy.
1.2 Privacy Policy. The Detta Privacy Policy (the "Privacy Policy") describes how we process information in connection with Detta and is incorporated into these Terms by reference.
1.3 Capacity. You must be at least 16 years of age to use Detta, or older where the law of your country so requires. By using Detta, you represent that you meet this requirement and are legally able to enter into these Terms.
1.4 Definitions. Capitalised terms used but not defined in these Terms, including "Detta", "the Service", "Dictation", "Recording", "Transcript", "Shared Content", "Sharing Setting", "Account" and "Quick Note", have the meanings given to them in Article 2 of the Privacy Policy.
Article 2. Licence Grant and Restrictions
2.1 Licence. Subject to your compliance with these Terms, Fermion Research hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use Detta on Mac computers that you own or control, solely in accordance with these Terms.
2.2 Restrictions. Except as expressly permitted by these Terms or by an open-source licence that applies to a particular component under Article 6, you shall not: (a) sell, rent, lease, sublicense or otherwise commercially redistribute Detta; (b) remove or alter any proprietary notice in Detta; or (c) engage in any conduct prohibited by Article 3.
2.3 Reservation of Rights. All rights not expressly granted in these Terms are reserved by Fermion Research and its licensors.
Article 3. Acceptable Use
3.1 Permitted Use. Detta is provided for dictating your own words and for transcribing audio that you have the right to use.
3.2 Prohibited Conduct. You shall not, and shall not attempt to:
(a) use Detta for any malicious purpose;
(b) use Detta to harass, defraud or threaten any person;
(c) use Detta to record or surveil any person without that person's consent;
(d) use Detta in violation of any applicable law;
(e) disable, bypass or interfere with the protections built into Detta, including, without limitation, sign-in and the Sharing Setting;
(f) reverse engineer, alter or imitate Detta's update or code-signing mechanism;
(g) distribute modified copies of Detta as if they originated from Fermion Research;
(h) send automated or bulk traffic to our services; or
(i) use scripts or other software to create Accounts or to upload data in place of Detta.
3.3 Enforcement. If an Account is used in breach of Section 3.2, we may suspend or close that Account and delete the Shared Content associated with it, and we may report unlawful use to the competent authorities.
3.4 Consistency. Section 3.2 is identical to Section 1.2 of the Privacy Policy.
Article 4. Accounts and Google Sign-In
4.1 Sign-In Required. Sign-in is required to use Detta, and it uses your Google account only. Detta opens Google's sign-in page in your browser and requests your basic profile and email address.
4.2 Sessions. Our server verifies the sign-in with Google and starts a session that lasts 90 days, after which Detta asks you to sign in again. If you sign out, Detta ends your session, deletes the Sharing Queue and its key on your Mac, and uploads nothing further.
4.3 Your Responsibility. You are responsible for maintaining the security of the Google account you use to sign in to Detta and for all activity that occurs under your Account.
4.4 Google Terms. Your use of your Google account is governed by Google's own terms and privacy policy, and Fermion Research is not responsible for Google's services.
4.5 Account Data. The information we keep about your Account is described in Article 10 of the Privacy Policy.
Article 5. Updates
5.1 Update Mechanism. Detta uses Sparkle, the open-source updater for Mac applications. Once a day, Detta checks fermionresearch.com/appcast.xml for a new version.
5.2 Installation. Updates are downloaded from github.com/fermionresearch/detta-releases. Detta installs an update only if its signature matches the key built into Detta and you choose to install it.
5.3 Disabling Checks. You may turn automatic update checks off in Settings.
5.4 Updates Governed by these Terms. Any update you install forms part of Detta and is governed by these Terms, unless it is accompanied by separate terms, in which case those terms govern.
5.5 Information Processed. The information transmitted by an update check, and the retention of related server logs, are described in Section 5.12 of the Privacy Policy.
5.6 No Obligation. Fermion Research is under no obligation to provide any update, and may modify or discontinue any feature of Detta at any time.
Article 6. Third-Party Components and Open-Source Notices
6.1 Phonon-2 Model Weights. The Phonon-2 model weights are released under the Creative Commons Attribution 4.0 International licence ("CC BY 4.0"), which they inherit as a derivative of NVIDIA's Parakeet TDT 0.6B v3 (nvidia/parakeet-tdt-0.6b-v3).
6.2 Our Command Line and Public Code. Our command line and the code in our public repositories are released under the Apache License, Version 2.0.
6.3 Other Third-Party Components. Detta includes the following third-party components: (a) Sparkle, the open-source updater for Mac applications, which Detta uses for updates; and (b) for the speech engine, an embedded Python runtime with open-source libraries, namely PortAudio, libsndfile, NumPy, SciPy, MLX, mlx-audio and libtorch. Each component is licensed under its own open-source licence, and the corresponding notices are available in Detta's acknowledgements. None of these components sends data anywhere.
6.4 Precedence. The licences described in this Article, and not these Terms, govern your use of the model weights, the code and the components to which they apply. To the extent of any conflict between these Terms and such a licence in respect of those materials, that licence prevails.
Article 7. Intellectual Property
7.1 Ownership. Except for the materials described in Article 6, Detta, including its software, design, names, logos and documentation, is owned by Fermion Research and its licensors and is protected by intellectual property laws. The names "Detta", "Phonon" and "Fermion Research" and the associated logos are trademarks of Fermion Research, and nothing in these Terms grants you any right to use them.
7.2 Your Dictations. As between you and Fermion Research, you retain whatever rights you hold in your Dictations, Transcripts, Quick Notes and other content.
7.3 Shared Content. Where the Sharing Setting is on and Shared Content is uploaded to us, you grant Fermion Research a worldwide, royalty-free, non-exclusive licence to use that Shared Content for the purposes described in Article 6 of the Privacy Policy, until it is deleted in accordance with Article 8 of the Privacy Policy. You represent that you have the rights necessary to grant this licence in respect of any audio you dictate or transcribe with Detta.
7.4 Feedback. If you send us a problem report or other feedback, we may use it to find and fix faults in Detta without obligation to you.
Article 8. Disclaimer of Warranties
8.1 As Is. DETTA IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERMION RESEARCH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.2 Accuracy. Speech recognition makes mistakes. Fermion Research does not warrant that any Transcript will be accurate, complete or error-free, and you should check anything important before you rely on it.
8.3 Availability. Fermion Research does not warrant that Detta or the Service will be uninterrupted, secure or free of errors.
8.4 Jurisdictions. Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions in this Article apply only to the extent permitted by law.
Article 9. Limitation of Liability
9.1 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERMION RESEARCH SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM YOUR USE OF DETTA, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF FERMION RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERMION RESEARCH'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR DETTA SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).
9.3 Non-Excludable Liability. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including, where applicable, liability for death or personal injury caused by negligence, or for fraud.
Article 10. Indemnification
10.1 Indemnity. To the extent permitted by applicable law, you shall defend, indemnify and hold harmless Fermion Research and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or relating to (a) your breach of these Terms, including Article 3, or (b) your recording or transcription of any person or audio in violation of applicable law or of the rights of any third party.
10.2 Procedure. Fermion Research shall notify you of any claim for which it seeks indemnification and may participate in the defence of that claim with counsel of its choosing.
Article 11. Termination
11.1 By You. You may stop using Detta at any time by signing out and removing Detta from your Mac. Removing Detta does not delete Shared Content already uploaded; to request its deletion, email contact@fermionresearch.com from the Google account address with which you signed in, as described in Article 8 of the Privacy Policy.
11.2 By Us. If your Account breaks these Terms, Fermion Research may suspend or close it and delete what it has shared, as provided in Section 3.3.
11.3 Effect. Upon termination, the licence granted in Section 2.1 ends. Articles 6 to 10, 12 and 15 survive termination.
Article 12. Governing Law and Venue
12.1 Governing Law. These Terms, and any dispute arising out of or relating to them or to Detta, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.
12.2 Venue. Subject to Section 12.3, the state and federal courts located in the State of Delaware shall have exclusive jurisdiction over any such dispute, and you and Fermion Research consent to the personal jurisdiction of those courts.
12.3 Mandatory Consumer Law. Nothing in this Article deprives you of the protection of any mandatory provision of the consumer protection or data protection law of the country or state in which you reside, or of any right to bring proceedings in the courts of that place where that law so provides.
Article 13. Changes to these Terms
13.1 We may update these Terms. The current version will always appear on this page with its effective date, and continuing to use Detta after a change means that you accept the updated Terms.
Article 14. Contact
Questions about these Terms should be directed to Fermion Research at contact@fermionresearch.com.
Article 15. General
15.1 Entire Agreement. These Terms, together with the Privacy Policy and the licences described in Article 6, constitute the entire agreement between you and Fermion Research regarding Detta.
15.2 Severability. If any provision of these Terms is held unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
15.3 No Waiver. A failure by Fermion Research to enforce any provision of these Terms is not a waiver of its right to do so later.
15.4 Assignment. You may not assign these Terms without our prior written consent. Fermion Research may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of its assets.
15.5 Notices. Notices to Fermion Research under these Terms shall be sent to contact@fermionresearch.com. We may give notice to you by publishing it on this page.
15.6 Interpretation. Headings are for convenience only and do not affect interpretation. The words "including" and "include" are to be read as if followed by "without limitation". In the event of any conflict between these Terms and the Privacy Policy concerning the processing of Personal Data, the Privacy Policy prevails.
15.7 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency or employment relationship between you and Fermion Research.