Terms and Conditions

Effective from October 10, 2024

Thank you for visiting Nerdmask. These Terms of Service ("Terms") govern your access and use of the free and paid services, software, and website (collectively, "Services") provided by Nerdmask ("Nerdmask", "we", "us", or "our").

1. Acceptance of Agreement

By using our Services, you indicate your acceptance of this Agreement, which becomes a binding contract between you and Nerdmask. You represent that you have the legal capacity to accept these Terms and confirm that you are of legal age to form a binding contract. The terms "you", "your" will also include your employees, agents, business representatives and any other person to whom you provide access to the Services through your Account. You are responsible for ensuring that all persons who access the Services through your account know and comply with these Terms. Nerdmask reserves the right to revise and update these Terms from time to time at its sole discretion. All changes take effect immediately when posted. Your continued use of the Services after the posting of revised Terms means that you accept and agree to the changes.

2. License to Use

The user is granted a limited, non-exclusive and non-transferable license to use the Nerdmask application in accordance with these terms. This license is for personal and non-commercial use.

3. Nerdmask Services

Our Services allow users to transform audio recordings into text that can be searched, summarized and shared with others. The Services also provide voice recognition and audio, video and text transcription functions. You can choose to use the free version of the Services or access premium features through our credit system. Credits are required to access certain features and can be purchased at current rates. We will make the Services available to you. You are responsible for making all necessary arrangements to have access to the Services.

4. Credit System

Credits are Nerdmask's virtual currency that allows you to access premium features. The credit system works under the following conditions: Credits are non-refundable once used, have no expiration date, cannot be transferred to other users, are automatically debited when using premium features, can be purchased in packages at current rates, the price of credits may vary according to market and promotions, unused credits remain in your account indefinitely, and the price of credits for future purchases is not guaranteed.

4.1 Differences between Web and Mobile Version

Please note that there are differences in payment models and prices between the web version and the mobile version of Nerdmask: In the web version, access to premium features is done by purchasing credits, which can be acquired in different packages. In the mobile version, access to premium features is done through recurring subscriptions managed by app stores (App Store, Google Play). Prices may vary between the web and mobile version due to different cost structures and platform commissions. Purchases made on one platform (web or mobile) are not automatically transferable to the other platform, although your account and data do sync between them.

5. Intellectual Property

All intellectual property rights related to the application and its original content are owned by Nerdmask or its licensors. Unauthorized reproduction, distribution or modification of any content of the application is prohibited. Nerdmask retains all rights to the platform and its functionalities. The content you upload remains your property, but you grant us a license to process and display it as necessary to provide the service.

6. No Infringement of Third Party Rights

Nerdmask declares that the application does not infringe the intellectual property rights of third parties. In the event of any claim by a third party that the application infringes their intellectual property rights, Nerdmask will be solely responsible for the investigation, defense, settlement and release of such claim.

8. Compliance with Third Party Terms

The user must comply with applicable third party agreement terms when using the Nerdmask application. For example, if the application allows VoIP calls, the user must not violate their wireless data service agreement when using the application.

7. Third Party Content

Our application may include content, data or links provided by third parties. Nerdmask is not responsible for the accuracy or completeness of such content, and the user accesses it at their own risk.

9. Rules of Conduct and Acceptable Use

When using our services, you agree not to: Use the Services in a way that violates any applicable law, infringe intellectual property rights, collect information using automated tools, attempt to access restricted areas without authorization, introduce viruses or malicious code, or interfere with other users' use. The user agrees not to use the application for illegal, defamatory, obscene activities or activities that infringe the rights of third parties. Any misuse may result in suspension or termination of access to the application.

10. Customer Data

You are responsible for any content that you upload or record through the Services. By using our Services, you warrant that you have the necessary rights to the content you provide and that it is not: Defamatory or objectionable, promotes discrimination or violence, infringes third party rights, discloses confidential information, or contains harmful or illegal material.

10b. Public Content, Public Profiles and Study Directory

To enhance the learning experience for our community, Nerdmask may make publicly accessible and indexable by search engines (such as Google) a portion of the content generated from the materials you upload (such as summaries, flashcards, exams, and other AI-generated study materials), as well as public study profiles for our users. These public profiles may display your display name, the subjects and topics you are studying, how long you have been studying on the platform, your study activity and aggregated learning statistics. Public profiles will NOT display personal data such as your email address, age, phone number, payment information, password, physical address, or any other sensitive personal data. Nerdmask reserves the right to select which content and profiles are made public based on quality and educational relevance criteria.

If at any time you prefer that your profile no longer be public, you can (a) disable public visibility at any time from Settings → Privacy → "Public profile" toggle, which will make your profile inaccessible to visitors and stop it from appearing in search engines, or (b) contact us by email at juan@nerdmask.com so we can handle it manually.

Important note about search engine deindexing: when you disable your public profile, it will become inaccessible to visitors immediately. However, search engines such as Google may take between 2 and 30 days to remove the URL from their results. If you need urgent removal, contact us at juan@nerdmask.com.

For more information about how we handle public information, see our Privacy Policy.

11. Recordings and Consent

It is your responsibility to obtain the necessary consent before recording conversations or uploading content involving third parties. Laws regarding conversation recording vary by jurisdiction.

12. Payments

If you wish to purchase credits, you may be asked to provide certain information relevant to your Purchase, including, without limitation, your credit card number, credit card expiration date, and billing address. You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you provide to us is true, correct and complete. We may use an external payment processor to bill you through a payment account linked to your Account. The processing of payments will be course to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Fees are stated excluding taxes, levies, duties or similar governmental assessments of any nature. You will be responsible for paying all Taxes associated with your Purchase.

13. Refund Policy

To request a refund for your Nerdmask subscription or credits, please follow these steps: If you paid through the iPhone app, you must do it through Apple at reportaproblem.apple.com, choosing the corresponding option. Nerdmask cannot interfere in that process, since the payment was made through their payment platform. If you paid through the web, send an email to juan@nerdmask.com, include in the subject: "Refund Request - [Your Name]", and provide your full name, the email associated with your account, date of purchase, reason for refund request, and order or transaction number (if available). Refund requests will be evaluated on a case-by-case basis. The maximum period to request a refund is 7 days from the date of purchase. Refunds for web payments are processed exclusively through Stripe. Nerdmask does NOT issue refunds via bank transfer, wire transfer, or any other method outside of Stripe. The refund will be credited to the same payment method used in the original purchase. Depending on your card-issuing bank, the refund may take between 5 to 10 business days to appear on your statement. Nerdmask is solely responsible for processing the refund through Stripe; any billing discrepancies, exchange rate differences, additional bank charges, or delays in crediting the funds are the sole responsibility of your bank or card-issuing institution and must be resolved directly with them. Credits that have already been used are not eligible for refund. Subscriptions canceled after the 7-day refund period are not eligible for refund. Services that have already been provided are non-refundable.

Weekly Payment Refund Policy

Weekly payments are non-refundable unless requested within 24 hours of purchase. Any request made after this period will be automatically rejected.

14. Account Security

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. If you believe someone has accessed your account without authorization, you must notify us immediately. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

15. Termination

We may suspend or terminate your access to the Services at any time if you violate these terms. Unused credits will not be refunded in case of termination for breach.

16. Limitation of Liability

Nerdmask provides the Services "as is" without warranties of any kind. We are not responsible for losses or damages arising from the use of our Services, including loss of data or inaccuracies in transcriptions. Nerdmask will not be liable for direct, indirect, incidental or consequential damages resulting from the use or inability to use the application, even if informed of the possibility of such damages.

17. Indemnification

You agree to indemnify and hold harmless Nerdmask against any claims arising from your use of the Services or violation of these terms.

18. International Use

You acknowledge that access to the Services may not be legal under certain national, state, territorial or other jurisdictions. You are responsible for complying with all applicable local laws and regulations regarding the use of the Services.

19. Force Majeure

Nerdmask will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including, without limitation, acts of war, terrorism, pandemics, Internet or telecommunications failures, power outages and natural disasters.

20. Service Modifications

Nerdmask may modify, suspend or discontinue any aspect of the Service at any time, including the availability of any feature or content. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

21. Miscellaneous Provisions

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and indemnification. No waiver by Nerdmask of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to exercise a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

22. Applicable Law

These terms are governed by the laws of Argentina. Any dispute will be resolved exclusively in the courts of Buenos Aires, Argentina.

23. Apple-Specific Terms

The following provisions apply specifically to users who access the application through Apple devices: Both you and the end user acknowledge that this Agreement is entered into solely between Nerdmask and the end user, and not with Apple. Nerdmask, not Apple, is solely responsible for the Licensed Application and its content. The end user is granted a limited, non-transferable license to use the Licensed Application on any Apple device that the user owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Nerdmask is solely responsible for providing maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required by applicable law. Both Nerdmask and the end user acknowledge that Apple has no obligation to provide maintenance and support services with respect to the Licensed Application. In the event that the Licensed Application fails to conform to any applicable warranty, the end user may notify Apple, and Apple will refund the purchase price of the Licensed Application to the end user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Licensed Application. Nerdmask acknowledges that it is responsible for addressing any claims of the end user or third parties relating to the Licensed Application or the end user's possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Both the user and Nerdmask acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon the user's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the user as a third-party beneficiary. The end user represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

User Communications

By providing us with your contact information, you agree that we may use your email and/or phone number to contact you for the purpose of improving our products and services. These communications may include surveys, feedback requests, information about product updates, or invitations to testing programs. You may opt out of these communications at any time by following the unsubscribe instructions provided in our communications.

Contact Information

You can contact us with questions related to this Privacy Policy or requests to exercise your privacy rights by sending an email to juan@nerdmask.com.

Last updated: February 25, 2025