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Terms of Service & End User License Agreement

These Terms of Service and End User License Agreement (together, the “Agreement” or “EULA”) are a binding contract between you (“you” or “User”) and Sandor Abraham Abad Fernandez (“Foni,” “we,” “us,” or “Licensor”), an individual operating the Foni service from the Republic of Chile. By downloading, installing, accessing, or using Foni (the “Licensed Application” or “Service”), you agree to be bound by this Agreement. If you do not agree, do not install or use Foni.

1. Acknowledgment

You acknowledge and agree that this Agreement is concluded solely between you and Licensor, and not with Apple Inc. (“Apple”). Licensor, not Apple, is solely responsible for the Licensed Application and its content. You acknowledge that this Agreement does not provide for usage rules for the Licensed Application that are in conflict with, or broader in scope than, the Apple Media Services Terms and Conditions or the Apple Developer Program License Agreement (together, the “Apple Terms”) as of the effective date of this Agreement.

2. Scope of License

Licensor grants you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Terms, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. This Agreement governs any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application and, if you sell your Apple device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), reverse-engineer, disassemble, decompile, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

3. Eligibility and User Accounts

You must be at least 13 years old to use Foni. You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to keep it updated.

4. Description of Service

Foni provides meeting recording, automated transcription, AI-powered summarization, and related productivity features. The Service is provided “as is” and “as available” and may be updated, modified, suspended, or discontinued by Licensor at any time in its sole discretion, with or without notice.

5. Recording Consent & Legal Responsibility

You are solely and exclusively responsible for obtaining any and all consents required by applicable law from every participant before recording any meeting, conversation, phone call, or interaction using Foni. Recording laws vary significantly by jurisdiction and may require the consent of one party, all parties, or specific disclosures. Foni does not verify, monitor, or enforce consent.

Recording without appropriate consent may violate civil and criminal laws. By using Foni, you represent and warrant that (a) you have obtained all legally required consents, (b) your use of the Service complies with all applicable laws in your jurisdiction and the jurisdiction of every participant, and (c) you will not use Foni to record any person or communication in a manner that is unlawful. You agree to indemnify and hold harmless Licensor from any claim arising out of your failure to obtain proper consent.

6. Acceptable Use

You agree not to:

  • Use Foni to record conversations without proper consent from all required parties;
  • Upload, transmit, or generate content that is illegal, defamatory, harassing, infringing, obscene, or that violates the rights of others;
  • Attempt to reverse-engineer, decompile, disassemble, or derive the source code of the Licensed Application;
  • Use the Service to harass, stalk, threaten, or harm any person;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or any connected networks;
  • Use automated means (bots, scrapers) to access the Service;
  • Share, sell, or transfer your account credentials to any third party;
  • Use the Service to generate or distribute spam, malware, or misleading content;
  • Circumvent or attempt to circumvent any usage limits, access controls, or subscription requirements.

7. Your Content

You retain all ownership rights in the audio recordings, transcripts, summaries, and other content you create using Foni (“User Content”). You grant Licensor a limited, non-exclusive, royalty-free, worldwide license to host, store, process, transmit, and display your User Content solely to the extent necessary to operate and provide the Service to you (including transcription, summarization, and backup). This license terminates when you delete the relevant User Content or close your account, except where retention is required by law or for legitimate backup cycles as described in our Privacy Policy.

You represent and warrant that you have all rights necessary to upload and process your User Content through the Service and that your User Content does not infringe the rights of any third party.

8. Intellectual Property

Foni and its original content (excluding User Content), features, functionality, software, designs, trademarks, logos, and all related intellectual property are and will remain the exclusive property of Licensor and its licensors, protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in this Agreement transfers any ownership of Licensor's intellectual property to you.

9. AI & Transcription Accuracy

Transcriptions and AI-generated summaries produced by Foni are generated automatically using machine learning models and may contain errors, omissions, hallucinations, or inaccuracies, including incorrect words, misattributed speakers, fabricated content, and missed segments. You acknowledge that you must not rely on Foni output for any legal, medical, financial, safety-critical, compliance, or other decision where accuracy is material, without independent human review. Licensor makes no representation or warranty regarding the accuracy, completeness, or reliability of any Foni output.

10. Data and Privacy

Your use of Foni is governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using Foni, you consent to the practices described in the Privacy Policy.

11. Subscriptions & Payments

Foni offers auto-renewable subscription plans (Monthly and Yearly) through Apple's In-App Purchase system. By subscribing:

  • Payment is charged to your Apple ID account at confirmation of purchase.
  • The Monthly plan includes a 3-day free trial for new subscribers. If you do not cancel before the trial ends, you will be charged the standard Monthly price automatically.
  • Subscriptions automatically renew at the same price and duration as the original purchase unless you turn off auto-renewal at least 24 hours before the end of the current period.
  • The account will be charged for renewal within 24 hours prior to the end of the current period at the cost displayed in the App Store.
  • You can manage and cancel your subscription in Settings > Apple ID > Subscriptions on your device.
  • No refunds will be provided for partial subscription periods. All refund requests must be directed to Apple in accordance with Apple's refund policies.
  • Prices are subject to change. We will notify you in advance of any price change; your continued subscription after the price change takes effect constitutes acceptance of the new price.

12. Service Discontinuation

If Licensor discontinues the Service, active subscriptions will not be renewed beyond the current billing period. No partial refunds will be issued for the remaining days of an active subscription period. Licensor will make reasonable efforts to notify subscribers in advance of any planned service discontinuation.

13. Third-Party Services

Foni relies on third-party services including, without limitation, Deepgram (transcription), Anthropic Claude (AI summarization), Supabase (authentication, database, and storage), Apple (app distribution and in-app purchases), and Vercel (web hosting). Your use of Foni may be subject to the terms and policies of these providers. You agree to comply with any applicable third-party terms when using the Service. Licensor is not responsible for the acts or omissions of any third-party service provider.

14. Maintenance and Support

Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

15. Warranty

Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility.

16. Product Claims

Licensor and you acknowledge that Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of HealthKit, HomeKit, or similar frameworks if applicable.

17. Intellectual Property Rights

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

18. 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. You further agree to comply with all applicable export control and economic sanctions laws and regulations, and all other applicable laws and regulations, in your use of the Service.

19. Indemnification

You agree to indemnify, defend, and hold harmless Licensor, its affiliates, and its and their respective officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Service; (b) your User Content; (c) your violation of this Agreement; (d) your violation of any applicable law or the rights of any third party, including any recording consent laws; and (e) any dispute between you and any other user or third party.

20. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT. LICENSOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY RECORDING, TRANSCRIPT, OR OUTPUT WILL BE ACCURATE OR PRESERVED WITHOUT LOSS.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSOR'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO LICENSOR (DIRECTLY OR VIA APPLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$50.

22. Termination

Licensor may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for violation of this Agreement. You may terminate this Agreement at any time by deleting your account through the app's Settings. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Sections 7, 8, 15–21, 23–29, and this sentence) will so survive.

23. Third-Party Beneficiary

You and Licensor 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.

24. Force Majeure

Licensor will not be liable for any failure or delay in performance under this Agreement that is due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, pandemics, labor disputes, internet or telecommunications failures, or failures of third-party service providers.

25. Changes to This Agreement

Licensor reserves the right to modify this Agreement at any time. Material changes will be posted on this page with an updated effective date and, where feasible, communicated in the app. Your continued use of the Service after changes take effect constitutes acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the Service.

26. Governing Law & Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the Republic of Chile, without regard to its conflict-of-law principles. The parties agree to submit to the exclusive jurisdiction of the ordinary courts of the city of Santiago, Chile, for the resolution of any dispute arising out of or relating to this Agreement, except that Licensor may seek injunctive or equitable relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer resident in a jurisdiction whose laws grant you non-waivable protections, nothing in this Agreement deprives you of those protections.

27. Severability & Entire Agreement

If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Service and supersedes all prior agreements and understandings.

28. Assignment

You may not assign or transfer this Agreement or any rights or obligations under it without Licensor's prior written consent. Licensor may assign this Agreement freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

29. Waiver

No failure or delay by Licensor in exercising any right under this Agreement will operate as a waiver of that right, nor will any single or partial exercise preclude any further exercise of any right.

30. Contact

Licensor: Sandor Abraham Abad Fernandez, Republic of Chile.
Any questions, complaints, or claims with respect to the Licensed Application should be directed to sandorabad.cl@gmail.com.

Last updated: April 16, 2026