Terms of Service

1. Acceptance and Eligibility

By creating an account or otherwise using the Service, you accept these Terms and confirm that you are able to form a legally binding contract with us.

You must be at least 16 years old, or the age of digital consent in your country if that is higher, to use the Service. The Service is not directed to and is not for anyone under 13.

If you are between the local minimum age and the age of majority in your jurisdiction, you may use the Service only where lawful and through, and under the supervision of, a parent or legal guardian who agrees to these Terms on your behalf and through their account.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

2. Accounts

To use most features, you create an account by providing accurate, current, and complete information, including a valid email address that we verify by a confirmation link. You may sign in with an email and password or with a Google account.

You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly at contact@pepys.co if you suspect unauthorized use.

Accounts are for a single person. You may not share, sell, transfer, or assign your account or its credits to anyone else, and you may not let others use your account.

3. What the Service Does

Pepys is a pay-once, usage-based audio and video transcription tool. It is not a subscription. You either upload an audio or video file, or paste a link to media hosted on a third-party platform (such as a video, social, podcast, or streaming platform) or another URL; we fetch the media from that source and transcribe it.

The Service produces a timestamped, searchable transcript. Optional features include speaker diarization (identifying who spoke when), AI-generated summaries, AI-generated chapters, translation into other languages, AI "framework" analyses (structured notes), and an AI chat that answers questions about your transcript. You may set an optional personal "about you" / persona context that tailors AI output.

Some features, including speaker diarization, are only available for supported content and sources. Where a higher-rate feature is unsupported for your content (for example, certain short-form social media clips or jobs transcribed from existing captions) or would not produce a useful result, we may decline or not apply it, and we will not charge the higher rate when the feature is not actually applied. The higher rate applies only when the feature is performed.

We apply reasonable limits to protect the Service and prevent abuse, including maximum file size, maximum duration, concurrency limits, and rate limits.

4. Acceptable Use and Your Content

Your representations about content

You are solely responsible for the files you upload, the links and URLs you paste, and any persona context you provide ("Your Content"). By submitting Your Content, you represent and warrant that:

• You own Your Content or have all necessary rights, consents, licenses, and permissions to upload, transcribe, and process it, and to have us process it through our subprocessors.
• You have obtained any consent required from people who are recorded, and your recording and use of the content complies with all applicable recording, consent, and wiretap laws, including any "all-party consent" requirements that apply to you.
• For any link or URL you paste, you are authorized to access the media at that source and to have us fetch it on your behalf, and doing so violates no applicable terms of service, access controls, or law of the platform or site that hosts it. You are responsible for that use, and we are not a party to your relationship with any third-party platform or site.

Prohibited uses

You agree not to use the Service to upload, process, or generate, and not to otherwise engage in:

• Illegal content or activity, or content that infringes any third party's intellectual property, privacy, or other rights.
• Recordings made without consent where such recording or use is unlawful.
• Malware, or any code or material designed to harm, disrupt, or gain unauthorized access to any system.
• Attempts to bypass, manipulate, or defeat credit metering, usage caps, rate limits, or other access controls.
• Reverse engineering, decompiling, or attempting to derive the source code of the Service, except to the limited extent applicable law prohibits this restriction.
• Scraping or automated access not expressly permitted, reselling or sublicensing the Service, or otherwise commercially exploiting the Service except as allowed by these Terms.
• Any activity that overburdens, degrades, or interferes with the Service or its infrastructure.

We may investigate suspected violations and may suspend or terminate access for conduct that breaches this section.

5. Intellectual Property and License to Process Content

Your Content

As between you and KMF Ventures, you retain ownership of Your Content and of the transcripts and other outputs generated from it. We do not claim ownership of Your Content.

To operate the Service, you grant KMF Ventures a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, convert, transmit, process, and display Your Content and the resulting outputs, solely to provide, maintain, secure, and improve the Service. This license includes sending Your Content and outputs to the subprocessors we use to run the Service (see the section on how we process content).

This license ends when you delete the relevant content or your account, except for (i) copies held in routine backups or transient processing that are overwritten or purged in the ordinary course, and (ii) limited records we are required to retain by law or as described in the retention provisions below. We claim no ongoing right to use content after it is deleted.

Our intellectual property

KMF Ventures and its licensors own all rights in the Pepys software, the Pepys name and brand, the website, and all related materials. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms. No other rights are granted, and nothing in these Terms transfers any of our intellectual property to you.

6. How We Process Content; Subprocessors

Processing flow

Media you upload or that we fetch from a link is stored in cloud object storage, converted (audio is downsampled), split into chunks, and sent to a speech-to-text provider for transcription. The transcript is reassembled and stored. Transcript text may then be sent to a large-language-model ("LLM") provider – routed through an AI gateway configured for zero data retention – to generate summaries, chapters, translations, framework analyses, and chat answers.

Subprocessors

We rely on a small set of trusted third-party "subprocessors" to provide the Service, described by the role each plays:

• Cloud hosting and storage – running the application and storing account data, uploaded media, and transcript files.
• Speech-to-text – transcription and, where you enable it, speaker diarization.
• AI / LLM processing – summaries, chapters, translations, framework analyses, and chat answers, routed through an AI gateway configured for zero data retention.
• Payments and Merchant of Record – Polar handles payments, billing, sales tax/VAT, and card storage as our Merchant of Record (Polar uses Stripe as its payment processor).
• Transactional email – verification links, receipts, and account notices.
• Link resolution – fetching and resolving the media and captions behind links you paste.
• Sign in with Google (OAuth) – authentication, if you choose it.

This describes the categories of subprocessors we use and is not necessarily exhaustive. A current list of the specific subprocessors we use is available on request at contact@pepys.co, and our handling of personal data is described in our Privacy Policy.

No sale; no training on your content

We do not sell personal information, and we do not use customers' content to train our own models. Where supported by our agreements, content sent to AI subprocessors is not used by them to train their models, and our AI gateway is configured for zero data retention.

Privacy and retention

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. For signed-in users, uploaded files, transcripts, and derived outputs are retained until you delete them or delete your account; deleting your account cascades to your files, jobs, transcripts, and ledger. We may retain limited records (such as transaction and credit-ledger records) as required for legal, accounting, tax, and fraud-prevention purposes.

7. AI and Accuracy Disclaimer

Transcripts, speaker diarization, summaries, chapters, translations, framework analyses, and chat answers are generated by automated systems and may contain errors or omissions. They are provided for your convenience and are not guaranteed to be accurate, complete, or reliable.

Outputs are not professional, legal, medical, or financial advice. You are responsible for reviewing and verifying any output before relying on it, and you use it at your own risk.

8. Free Account Trial

You must create an account before starting a provider-backed transcription. New accounts receive free transcription credits and do not require a payment card to begin.

Free credits and trials are offered at our discretion, are subject to rate limits and other safeguards, and may be limited, reduced, or withdrawn at any time.

9. Credits, Payment, and Taxes

Credits

The Service is metered in credits: 1 credit = 1 minute of audio. Credits never expire. You purchase one-time credit packs (for example, 20, 50, 100, or 200 hours) or a custom top-up. Payments are processed by Polar, which acts as our Merchant of Record and is the seller of record for your purchase.

Some features are charged at a higher rate. Speaker diarization is charged at 3 credits per minute rather than the standard rate, and only when it is actually applied to supported content. We will indicate the applicable rate before you use a higher-rate feature.

Free grants and bonuses

New accounts receive a one-time free starter grant of 60 minutes that never expires. If you create an account right after a free sample transcript, you instead receive a one-time grant of 180 minutes in total (inclusive of, and in place of, the standard 60-minute starter grant), granted once per user. These free grants and bonuses are promotional, non-refundable, and have no cash value.

Authorization to charge

You authorize us, through Polar (our Merchant of Record), to charge your selected payment method for the credits and features you purchase, plus any applicable taxes. Prices are exclusive of taxes, duties, and similar charges where applicable; as Merchant of Record, Polar calculates, collects, and remits any applicable sales tax or VAT.

Immediate provision of digital content

Credits are digital content that is provided and consumed immediately when you use the Service. Where you have a statutory right of withdrawal or "cooling-off" right (for example, as a consumer in the EU or UK), by purchasing and using credits you request that we begin providing the digital service immediately and you acknowledge that you lose the right of withdrawal as to any credits you have consumed. We may capture this consent at checkout. This does not affect any non-waivable consumer rights you may have, as described in the Refunds section below.

Auto-reload (optional)

You may optionally enable auto-reload. Your card is saved by Polar when you complete a purchase; if you enable auto-reload, you authorize us to charge that saved card off-session to top up your credits automatically when your balance falls below a threshold you choose, up to an optional monthly spend cap you set.

Each auto-reload charge generates an emailed receipt so you are notified when a charge occurs. Off-session charges may require additional bank authentication (such as Strong Customer Authentication) and can fail or be declined; if a charge cannot be completed, your credits will not be topped up. You can change or turn off auto-reload at any time in your account, with immediate effect on future charges.

Price changes

We may change our prices. Price changes apply prospectively and do not affect credits you have already purchased. Because credits never expire, previously purchased credits remain valid at the rate in effect when they were purchased.

Chargebacks and abuse

Initiating a chargeback without first contacting us, or abusing payments, promotions, or credits, may result in suspension or termination of your account and forfeiture of affected credits.

10. Refunds

All credit purchases are final. Because credits are applied to your account and made available for immediate use, all sales are final and credits are non-refundable, except where a refund is required by applicable law.

• Credits – whether used or unused – are non-refundable. Credits never expire, so any credits you do not use remain in your account until you use them.
• Free and promotional grants and bonuses are non-refundable and have no cash value.

Nothing in this section limits any non-waivable refund, withdrawal, or cancellation rights you may have under applicable consumer law (see also the immediate provision of digital content note above). If you believe you are entitled to a refund under such law, or you were charged in error, email contact@pepys.co and we will review it.

11. Service Availability

The Service is provided on an "as is" and "as available" basis. We do not guarantee any particular uptime, and the Service may be unavailable from time to time, including for maintenance. We may modify, suspend, add, or discontinue features at any time. We are not liable for any unavailability, modification, or discontinuation of the Service or any feature, except to the extent applicable law provides otherwise.

12. Copyright and DMCA

We respect intellectual property rights and respond to clear notices of alleged copyright infringement. If you believe content processed through the Service infringes your copyright, send a notice to contact@pepys.co that includes:

• Identification of the copyrighted work you claim is infringed.
• Identification of the material claimed to be infringing and information reasonably sufficient to let us locate it.
• Your contact information (name, address, telephone number, and email).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
• Your physical or electronic signature.

We may remove or disable access to allegedly infringing material and will, in appropriate circumstances, terminate the accounts of repeat infringers.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• KMF VENTURES AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KMF VENTURES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless KMF Ventures and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your use or misuse of the Service; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party, including any third-party platform's terms, any recording or consent law, or any intellectual property or privacy right.

16. Termination and Suspension

You may stop using the Service and terminate your account at any time by deleting it. Deleting your account removes your associated files, jobs, transcripts, and ledger, subject to limited records we retain as described in the retention provisions above and as required by law.

We may suspend or terminate your access, with or without notice, if you breach these Terms, abuse the Service, or where we reasonably believe suspension or termination is necessary to comply with law, protect the Service or other users, or prevent harm or fraud.

On termination, your right to use the Service ends and any remaining credits are forfeited and non-refundable, except where a refund is required by applicable law (see the Refunds section). Any provision of these Terms that by its nature should survive termination – including those on Your Content representations, intellectual property, the AI and accuracy disclaimer, data retention, payment obligations and chargebacks, refunds, disclaimers, limitation of liability, indemnification, governing law and dispute resolution, and the miscellaneous provisions – survives.

17. Governing Law and Dispute Resolution

Governing law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules.

Informal resolution first

Before bringing a formal claim, you agree to first contact us at contact@pepys.co and give us a chance to resolve the dispute informally. We will try in good faith to resolve it. Please allow 30 days from the date you notify us before starting an arbitration or court proceeding.

Binding arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

IF A DISPUTE IS NOT RESOLVED INFORMALLY, YOU AND KMF VENTURES AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, EXCEPT AS STATED BELOW. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and may take place in Wyoming or, at your election, by video or telephone or in your home county. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this clause.

Arbitration fees. For claims subject to the AAA Consumer Arbitration Rules, we will pay the arbitration filing and administration fees that those rules require us to pay, and we will pay the arbitrator's fees as allocated under those rules. Each party otherwise bears its own attorneys' fees and costs, except as the arbitrator may award under applicable law.

CLASS-ACTION WAIVER. YOU AND KMF VENTURES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

30-day opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing contact@pepys.co within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in court.

Forum for other disputes

For any dispute not subject to arbitration, you and KMF Ventures agree to the exclusive jurisdiction of the state and federal courts located in Wyoming, and you consent to personal jurisdiction and venue there.

Consumer rights

Nothing in these governing-law, arbitration, or forum provisions deprives you, as a consumer, of the protection of mandatory consumer-protection laws of your country of habitual residence, or of any right you may have under applicable law to bring or defend proceedings in the courts of that country.

18. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice, such as by email or a notice in the Service before the changes take effect. Your continued use of the Service after the updated Terms take effect means you accept them. If you do not agree to the updated Terms, stop using the Service and delete your account.

19. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and any terms presented at the point of purchase, are the entire agreement between you and KMF Ventures regarding the Service and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing to be effective.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, or the acts or failures of third-party providers.

Notices. We may send notices to the email associated with your account or post them in the Service. You may send notices to us at contact@pepys.co.

Contact. Questions about these Terms? Email us at contact@pepys.co.