Terms of Service & EULA

1. Acknowledgment

This Agreement is concluded between you and Bakhshi Mnatsakanyan ("Developer", "we", or "us") only, and not with Apple Inc. ("Apple"). The Developer, not Apple, is solely responsible for the App and the content thereof. This Agreement does not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions.

2. The Service

Silkwave is a client interface for generative artificial intelligence. The Service includes features for:

• Text-based chat with AI models.
• Audio recording (microphone and system audio) and transcription.
• Image generation and editing.

Key Acknowledgment: The App is a client interface. It does not provide the underlying AI services (unless running strictly on-device models like Apple Intelligence). To use cloud-based features, you are required to provide your own Application Programming Interface (API) keys.

3. Scope of License

The Developer grants you a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

4. Subscriptions & Refunds

• Pro Subscription: To access premium features, including unlimited messaging, audio recording, transcription, and image generation, you may purchase a "Silkwave Pro" subscription.
• Free Trial: We may offer a free trial for the Pro Subscription. At the end of the trial period, your subscription will automatically renew, and you will be charged the subscription fee unless you cancel at least 24 hours before the trial ends.
• Auto-Renewal: Subscriptions will automatically renew at the end of each period unless you cancel it at least 24 hours before the end of the current period.
• Billing: All payments are processed through Apple's App Store. You are responsible for managing your subscription, including cancellations, through your Apple ID account settings.
• Apple Refund Policy: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

5. AI Providers & On-Device Models

Third-Party Terms: You must comply with applicable third-party terms of agreement when using the App. For example, if you use OpenAI or Google keys, you must comply with their respective Terms of Service.

• Cloud Providers: Your relationship with any third-party API provider is strictly between you and that provider. You are solely responsible for any usage fees they charge.
• On-Device Models: When using Apple Intelligence or local models (e.g., Ollama), processing occurs locally on your Mac.

6. Acceptable Use

You agree not to use the Service to:

• Illegal Recording: Use the audio recording and transcription features to record conversations without the consent of all parties, where required by applicable law. You are solely responsible for knowing and complying with the wiretapping and privacy laws of your jurisdiction.
• Harmful Generation: Generate or edit images or text to create deepfakes, non-consensual sexual content (NCSC), child sexual abuse material (CSAM), or content that promotes violence or hate speech.

7. Intellectual Property & Claims

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

8. Maintenance & Support

The Developer is solely responsible for providing any maintenance and support services with respect to the App as specified in this Agreement or as required under applicable law. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

9. Warranty & Product Claims

The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Developer, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the App or the End-User's possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

AI Disclaimer: You acknowledge that AI models can hallucinate. The Developer is not responsible for inaccuracies in transcriptions or generated content.

10. Legal Compliance

You represent and warrant that (i) you 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) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Third Party Beneficiary

You and the Developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR INDIRECT DAMAGES, LOSS OF DATA, OR DAMAGES ARISING FROM (A) YOUR USE OF THE APP; (B) YOUR FAILURE TO OBTAIN REQUIRED CONSENT FOR AUDIO RECORDINGS; OR (C) CONTENT GENERATED BY THIRD-PARTY OR LOCAL MODELS.

13. Contact Us

If you have any questions, complaints, or claims with respect to the App, please contact us at: