Terms of Service

These Terms of Service govern your access to and use of the Mismo — AI Voice Memos application operated by Damian Izaguirre ("we," "our," or "us"). By creating an account or using the App, you agree to be bound by these Terms. If you do not agree, do not access or use Mismo.

These Terms apply alongside our Privacy Policy, which is incorporated by reference.

Mismo is intended for users 13 years of age and older. By creating an account, you represent that you are at least 13 years old and that your use of the App complies with all applicable laws. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• — Provide accurate information when creating your account
• — Keep your password secure and not share it with others
• — Notify us immediately at heymismo@gmail.com if you suspect unauthorized access
• — Accept responsibility for all activity conducted through your account

We reserve the right to suspend or terminate accounts that violate these Terms.

Subscription Plans. Mismo offers an optional paid subscription ("Mismo Pro") with monthly and annual billing options. Pricing is displayed within the App prior to purchase.

Free Trial. New users may be offered a free trial. At the end of the trial, your subscription begins automatically unless cancelled at least 24 hours before the trial expires. Free trials are available once per Apple ID per subscription group.

Billing. All payments are processed by Apple through the App Store. Subscriptions automatically renew at the end of each billing period unless cancelled.

Cancellation. You may cancel at any time — either from within the App under Settings → Manage Subscription, or through iPhone Settings → Apple ID → Subscriptions. Both are managed by Apple; cancellation takes effect at the end of the current billing period, and you keep access until then.

Refunds. All refund requests are handled by Apple. We do not process refunds directly. To request a refund, visit reportaproblem.apple.com.

Price Changes. We may change subscription pricing with advance notice. Continued use after a price change constitutes acceptance.

You agree not to:

• — Record conversations or individuals without their consent where required by applicable law
• — Collect or store personal information of others without their consent
• — Attempt to reverse engineer or extract source code from the App
• — Use automated tools to access or extract data from the App
• — Attempt to gain unauthorized access to the App or its infrastructure
• — Use the App in violation of any applicable law
• — Impersonate any person or entity
• — Interfere with the integrity or performance of the App

You retain full ownership of all audio recordings, transcripts, summaries, and other content you create within Mismo. By using the App, you grant us a limited, non-exclusive, royalty-free license to store, process, and transmit your content solely as necessary to provide the service to you.

This license does not permit us to sell, share, or use your content for any purpose beyond operating the App for you. We do not claim any intellectual property rights over your content.

The Mismo application, including its name, logo, design, code, and features, is owned by Damian Izaguirre and protected by applicable intellectual property laws. These Terms grant you a limited, non-transferable license to use the App on your personal device for personal use only.

You may not copy, modify, distribute, sell, or create derivative works based on any part of Mismo without our express written permission.

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

• — The App will be uninterrupted or error-free
• — AI-generated transcripts, summaries, or folder suggestions will be accurate
• — The App will meet your specific requirements
• — Data stored in the App will never be lost or corrupted

AI-generated content is provided for convenience only. You are responsible for verifying its accuracy before relying on it.

TO THE FULLEST EXTENT PERMITTED BY LAW, DAMIAN IZAGUIRRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow these limitations, so the above may not apply to you in full.

You may terminate your account at any time through Settings → Delete Account. Upon termination, your account and data are deleted per our Privacy Policy.

We reserve the right to suspend or terminate your access at any time for conduct that violates these Terms or is harmful to other users or third parties.

Sections 6, 7, 8, 9, and 11 of these Terms survive termination.

Acknowledgement. These Terms are between you and Damian Izaguirre only, not with Apple. Damian Izaguirre, not Apple, is solely responsible for the App and its content.

Scope of License. Your license to use the App is non-transferable and limited to Apple-branded devices you own or control, subject to Apple's App Store Terms of Service.

Maintenance and Support. Damian Izaguirre is solely responsible for maintenance and support. Apple has no obligation to provide support for the App.

Warranty. If the App fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price. Apple has no other warranty obligation with respect to the App.

Product Claims. Damian Izaguirre, not Apple, is responsible for addressing any claims relating to the App, including product liability, legal compliance, and consumer protection claims.

Intellectual Property. Damian Izaguirre, not Apple, is solely responsible for defending any intellectual property infringement claims relating to the App.

Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon your acceptance.

Legal Compliance. You represent that you are not located in a U.S.-embargoed country and are not listed on any U.S. Government list of prohibited parties.

These Terms are governed by the laws of the State of Texas, without regard to conflict of law provisions. Any legal action shall be brought exclusively in the state or federal courts in Dallas County, Texas, and you consent to personal jurisdiction there.

We may update these Terms from time to time. We will notify you of material changes by posting a notice within the App and updating the date above. Continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the App and delete your account.