Terms of Service

1. Who these terms are with

These terms are a contract between you and MissingLayer B.V., Korte Lijnbaanssteeg 1/4570, 1012 SL Amsterdam, Netherlands, registered with the Dutch Chamber of Commerce under number 97964840 ("we", "us"). By creating an account or using the app you accept them.

The app is distributed through Apple's App Store and Google Play. Apple's Licensed Application End User License Agreement or the Google Play Terms of Service also applies to your download, depending on where you got the app. Where these terms give you more protection, these terms apply.

2. Using LinkVoice

We grant you a personal, non-exclusive, non-transferable licence to install and use LinkVoice on devices you own or control, for your own use, in accordance with these terms and the rules of the store you got it from. You must be at least 13 years old, or 16 in the European Union, to create an account.

You may not copy, modify, reverse engineer, resell or make the app available to others, extract the app's server credentials, or use automated means to access our servers, except where the law allows it regardless of this clause.

3. Your account

LinkVoice keeps an account for you; signing in with Apple or Google is optional. You are responsible for keeping your device and sign-in secure and for everything done through your account. One account is for one person; interpreting time is not transferable between accounts, except that signing in to an account you already have moves the plan and paid time on the device into it. You can delete your account at any time in Settings, as described in the Privacy Policy. Deletion is immediate and forfeits any unused time.

4. Interpreting time, subscriptions and credits

How time is counted

Interpreting time is counted in seconds while the app is listening during a conversation. Time is not counted while the app is idle or while a translation is being spoken. Subtitles mode counts in the same way as a conversation.

Free use

Each device receives 10 minutes of interpreting time once, and a small allowance of typed-text and photo translations in the Translate and Camera tabs, once. These have no cash value and may be changed for new accounts at any time. Creating multiple accounts, or resetting a device, to obtain more free time is not allowed.

Subscriptions

Subscriptions are auto-renewing plans purchased through the App Store or Google Play: Week renews every week and Year every year. The plans and their prices are shown in the app before you buy. Payment is charged to your Apple ID at confirmation of purchase and again at the start of each period unless you cancel at least 24 hours before the end of the current period. You can manage or cancel subscriptions in your iPhone's Settings → Apple ID → Subscriptions; deleting the app or the account does not cancel a subscription. On Android the same subscriptions are purchased through Google Play, charged to your Google account, and managed or cancelled in the Play Store under Payments and subscriptions.

Fair use

Week and Year subscriptions have no allowance of minutes and are subject to a fair-use limit that depends on the country of your store account: 3 hours a day and 12 hours a week, 2.5 hours a day and 10 hours a week, or 2 hours a day and 8 hours a week, counted in UTC days and in weeks starting on Monday.

In the Translate and Camera tabs, a subscription or pass is subject to a daily fair-use limit of 250 typed texts and 50 photos, counted in UTC days, whichever is reached first. Unusually long texts or dense photos can reach it sooner.

Earlier plans and purchases

The monthly Starter, Plus and Pro subscriptions, the pass and the top-up are no longer sold. A monthly subscription bought earlier continues on its terms until it is cancelled: it grants a monthly allowance of minutes that resets when it renews, and unused monthly minutes do not carry over. Minutes from a pass expire the number of days after purchase that the app showed for it; other purchased minutes (credits) do not expire while your account exists. Time is used from a pass first, then from the monthly allowance, then from credits.

Prices, refunds and changes

Prices are shown in the App Store or Google Play in your local currency and may include tax. Purchases are processed by Apple, and refund requests must be made to Apple through reportaproblem.apple.com; we cannot issue App Store refunds ourselves. Google Play purchases are processed by Google and refunds are requested through Google Play. If Apple or Google refunds or revokes a purchase, the corresponding time is removed from your balance, and your balance may go to zero. We may change plans and prices for future periods; changes to an active subscription follow the store's rules, which include notifying you and, where required, asking for your consent.

If you are a consumer in the European Union, you agree that the service begins immediately after purchase and acknowledge that the statutory right of withdrawal is lost once interpreting time has been used, to the extent the law allows this.

5. Accuracy of interpretation

LinkVoice uses automated speech recognition and machine translation. As with any automated interpretation, the output can sometimes be inaccurate or incomplete, especially with background noise, names, numbers, dialects, overlapping speakers or specialised vocabulary. Please do not rely on LinkVoice alone in medical, legal, financial, immigration, safety or emergency situations, or where a certified interpreter is required, and verify anything important another way.

LinkVoice needs an internet connection and depends on third-party services; it may be slow or unavailable at times.

6. Acceptable use

You agree not to use LinkVoice:

• to record, interpret or eavesdrop on people without any notice or consent that the law or common decency requires;
• to harass, threaten, defraud or discriminate against anyone;
• to attempt to make the interpreter do anything other than interpret, or to probe, overload or interfere with our servers or the third-party services we use;
• to circumvent metering, share accounts or credentials, or obtain interpreting time you have not paid for;
• in any way that breaks the law or the terms of the App Store, Apple, or Google.

7. Your conversations

What you and the people you talk with say is yours. We do not receive, store or claim any rights in your audio, transcripts or translations. Conversation history is stored only on your device and is under your control. You are responsible for what you say and for how you use the interpreted output.

8. Third-party services

Interpreting, sign-in, accounts and purchases rely on third-party services, which are listed in the Privacy Policy. Those services are governed by their providers' terms and may change or become unavailable. We may replace a provider with one of equivalent function. Apple is not responsible for the app or for any claims relating to it, and is a third-party beneficiary of these terms with the right to enforce them against you.

9. The service is provided "as is"

To the fullest extent permitted by law, LinkVoice is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of accuracy, fitness for a particular purpose and uninterrupted operation. Nothing in these terms limits statutory guarantees that apply to consumers and cannot be excluded.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss arising from reliance on an interpretation, from a third-party service, or from circumstances beyond our reasonable control. Our total liability for all claims relating to the app in any twelve-month period is limited to the amount you paid us for the app in that period, or €50, whichever is higher. Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

11. Suspension and termination

You can stop using LinkVoice and delete your account at any time. We may suspend or terminate your account if you materially breach these terms, if required by law, or if we discontinue the service; where reasonable we will notify you first and, if the termination is not caused by your breach, refund unused paid credits on a pro-rata basis. Sections 5, 7, 9, 10 and 13 survive termination.

12. Changes to these terms

We may update these terms prospectively when the app changes or when the law requires it. The effective date at the top identifies the current version. For a material change affecting your rights or obligations, we will give reasonable notice through the app, the store release notes or this site before or when the change takes effect, and will request consent where the law requires it. If you do not agree to revised terms, you may stop using and delete the app. No update limits rights that applicable law does not allow us to limit.

13. Governing law and disputes

These terms are governed by the laws of the Netherlands, without regard to its conflict of law rules, and disputes may be brought before the competent courts in the Netherlands, except that, if you are a consumer, you keep the benefit of any mandatory protections and any right to bring proceedings in the country where you live. Consumers in the EU may also use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

14. Contact