Terms.

These Terms of Use ("Terms") govern your access to and use of the Quendian macOS application and the website at quendian.app (collectively, the "Service"), operated by Kapital Labs LLC ("Quendian," "we," "us," or "our"). Please read them carefully.

Acceptance

By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not download, install, or use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

License

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use Quendian solely for your personal or internal business purposes on Apple-branded hardware you own or control. You may not: (a) sublicense, sell, resell, transfer, or otherwise commercialize the Service; (b) reverse engineer, decompile, or disassemble any portion of the Service except as permitted by applicable law; (c) use the Service to build a substantially similar or competing product; or (d) remove or alter any proprietary notices or labels.

Recording consent and lawful use

Quendian captures audio from your microphone and system output to produce transcripts and summaries of meetings and conversations. Recording laws vary significantly by jurisdiction — some require consent from one party to a conversation, others require all parties to consent. By using Quendian, you agree to:

• comply with all applicable federal, state, provincial, and local laws governing the recording of audio communications in every jurisdiction where you use the Service;
• obtain any required consent from other participants before recording, including where required by wiretapping statutes, GDPR, or equivalent data protection frameworks applicable to those participants;
• not use the Service to record any person in circumstances where doing so is prohibited by law or constitutes an invasion of a reasonable expectation of privacy; and
• accept full and sole responsibility for your compliance with recording and privacy laws. Quendian assumes no liability for your failure to comply.

Third-party services and API keys

The Service operates with API keys you supply to connect to third-party AI providers, including but not limited to Anthropic, OpenAI, Groq, and OpenRouter, as well as locally hosted model runners such as Ollama. Your use of those providers is subject to their respective terms of service and privacy policies. Quendian is not a party to your agreements with those providers and accepts no liability for their acts or omissions. You are responsible for all charges and usage incurred under your API keys.

If you use Quendian Cloud, your data is additionally processed by third-party infrastructure providers we engage to deliver the service — including authentication, AI inference, payment processing, and cloud hosting providers. Each operates under contractual obligations to us. Your subscription billing is processed by our payment processor acting as merchant of record; by subscribing, you agree to their applicable buyer terms in addition to these Terms.

AI-generated output

Transcriptions and summaries produced by the Service are generated by AI models and may be inaccurate, incomplete, or misleading. The Service is provided as a productivity aid only. You must not rely on AI-generated output for legal, medical, financial, safety-critical, or any other purpose where accuracy is material without independent human verification. Quendian makes no representation as to the accuracy, completeness, or fitness for any particular purpose of any output generated through the Service.

Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUENDIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUENDIAN'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO QUENDIAN IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS (USD $100). IN NO EVENT SHALL QUENDIAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Subscription cancellation and refunds

Paid subscriptions to Quendian Cloud are billed and processed by Paddle.com Market Limited ("Paddle"), our merchant of record. As required by applicable consumer protection law, you have a 14-day right of withdrawal from the original transaction date. To request a refund, contact support@quendian.app or use the Paddle portal. All refunds are subject to Paddle's Checkout Buyer Terms and Refund Policy.

Quendian Cloud is a metered service: every Cloud transcription and Cloud summary consumes capacity we pay for at the time of use. By initiating any Cloud transcription or Cloud summary during the 14-day window, you expressly consent to our beginning performance immediately and acknowledge that you will lose your right of withdrawal to the extent permitted by Paddle's Buyer Terms. Refund eligibility within the 14-day window is therefore limited to accounts that have used less than 10% of their tier's monthly Cloud allotment in the current period. Subscriptions that have exceeded this threshold are non-refundable, but you may cancel future renewals at any time from the Paddle portal (web purchases) or System Settings → Apple ID → Subscriptions (App Store purchases). Cancellations take effect at the end of the current billing period; no proration is given for unused time.

Termination

You may discontinue use of the Service at any time by uninstalling the application. We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms or if we discontinue the Service. Provisions that by their nature should survive termination — including disclaimers, liability limitations, and governing law — shall survive.

Governing law and disputes

These Terms are governed by the laws of the United States applicable to agreements made and performed entirely within the United States, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall first be submitted to good-faith negotiation. If unresolved, disputes shall be settled by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. Class actions and class arbitrations are waived to the extent permitted by law.

Changes to these Terms

We may revise these Terms from time to time. We will update the effective date below when we do. Your continued use of the Service after any revision constitutes your acceptance of the updated Terms. If a revision materially alters your rights, we will make reasonable efforts to notify you.

Contact

Questions about these Terms may be directed to support@quendian.app.

Effective: 05-2026