Terms

General Terms of Business and Licence Conditions

Last updated: July 2026.

1. Scope

These terms govern the use of the "Diktavo" software (the "Software") provided by Joshua Böhme, Poststrasse 4, 9443 Widnau, Switzerland. Sales and billing are handled by the merchant of record, Polar Software Inc.

2. Licence

The user receives a simple, non-transferable right to use the Software. The Software is licensed, not sold. The licence may be used on multiple devices at the same time. Redistribution, rental, and circumvention of copy protection are prohibited. Decompilation is permitted only to the extent mandatorily required by law (in particular to achieve interoperability).

Reverse engineering, disassembly, and decompilation of the Software beyond this mandatory statutory allowance are prohibited. Likewise prohibited are circumventing, disabling, or tampering with technical protection, licensing, or activation checks, and creating, distributing, or using tools for that purpose (e.g., cracks, keygens, patches). Creating derivative works from the Software or embedding it in other products is not permitted beyond the scope provided by law. A violation of this section entitles the provider to terminate the licence without notice and to injunctive relief and damages under the applicable general legal provisions.

3. Subscription, Term, Cancellation

The Pro subscription is concluded through the merchant of record, Polar Software Inc.; Polar's Buyer Terms apply in addition, governing contract formation, renewal, cancellation, and withdrawal. The monthly subscription renews monthly and may be cancelled at any time, effective at the end of the current month (notice period of at most one month). The annual subscription renews annually and may be cancelled at any time, effective at the end of the current term, via the customer account (link provided in the purchase confirmation). Price changes for future billing periods are announced by email at least 30 days in advance; if the user does not object, or does not cancel by the end of the period, the new price is deemed accepted.

4. Free Plan

With a free account, Diktavo remains permanently available with a quota of 3,000 words per week, using the same on-device speech recognition as Pro. The week begins on the weekday of first sign-in. During the first 7 days after installation, the weekly quota does not apply. There are no costs and no cancellation is required.

5. Prices & Payment

The prices shown on the website at the time of purchase apply. Taxes are stated and remitted by the merchant of record.

6. Withdrawal / Refund

See the Right of Withdrawal and Refund Policy.

7. Warranty & Liability

Statutory warranty rights available to consumers remain unaffected, including, for buyers in the EU, the provisions on digital products (Sections 327 et seq. of the German Civil Code (BGB) / Directive (EU) 2019/770). The Software is provided with the greatest possible care, but without any guarantee of uninterrupted, error-free operation.

Liability for intent and gross negligence, as well as for damages resulting from injury to life, body, or health, is unlimited. In cases of ordinary negligence, the provider is liable only for breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract), and liability is in any case limited in amount to the foreseeable damage typical for this type of contract. Liability is otherwise excluded. Mandatory statutory claims, in particular under product liability law, remain unaffected.

8. Availability, Disruptions and Cure

Diktavo's speech recognition runs locally on the user's device. Some functions require a connection to the provider's servers, in particular signing in, the periodic confirmation of the account and of Pro access, the redemption of codes, the optional synchronisation of the history, and the download of speech-recognition models and updates. Use without an account is not possible; if the app goes for a longer period without a server connection (currently seven days), it asks the user to confirm the account again. No particular availability is promised for these server functions, and no availability percentage is agreed. Whether an interruption amounts to a defect is determined solely by the applicable statutory provisions; this section does not agree any departure from the objective requirements for conformity of digital products (Section 327e BGB, Art. 8 of Directive (EU) 2019/770). The statutory duty to supply updates, including security updates, remains unaffected.

The provider may carry out maintenance work and temporarily interrupt the server functions for that purpose. Planned maintenance windows are announced in advance where possible and, as far as possible, scheduled at times of low usage. Where circumstances arise for which the provider is not responsible, in particular force majeure and strictly necessary security measures, the provider is released from performance for the duration of the disruption; the user's statutory rights in respect of defects and the user's claim to an extension under paragraph 3 remain unaffected.

The provider's obligation to make paid Pro access available for the paid term is not affected by paragraphs 1 and 2. If Pro cannot be used for a period that is more than insignificant, the provider extends the paid term by the duration of the impairment; this also applies where the cause lies with a service provider engaged by the provider. The provider grants the extension on its own initiative as soon as it becomes aware of the disruption, and the user may also request it afterwards. For a monthly subscription, the next billing date shifts accordingly. Impairments arising solely from the user's own environment, such as the user's internet access or device, are not covered. The extension is in addition to the user's statutory rights and does not restrict them; the user may instead choose the statutory rights, in particular a price reduction.

If the user notices a defect or a technical disruption, in particular where a paid activation has not taken effect or has not taken effect in full, the user may report this to the provider at any time (support@diktavo.com). The report is not a precondition for the user's statutory rights; it is, however, the fastest route to a solution and the precondition for the provider being able to cure. The provider is entitled and obliged to cure within a reasonable period, free of charge and without significant inconvenience to the user, for example by carrying out the activation, by correcting the account data, or by supplying a corrected version. One attempt at cure is enough: if it is unsuccessful, if cure is impossible, if it is refused, if it is not achieved within a reasonable period, or if it cannot reasonably be expected of the user in the circumstances, the user may assert the further statutory rights in respect of the defect, in particular a price reduction, termination of the contract, and repayment of the price on account of the defect. The statutory cases in which the user may demand a price reduction or termination immediately remain unaffected. The statutory allocation of the burden of proof remains unaffected, in particular the presumption that a defect appearing within the supply period was already present. Where the applicable law grants the user more extensive or immediate rights, those rights prevail; for users habitually resident in Switzerland, the rights under Art. 197 et seq. of the Swiss Code of Obligations in particular remain unaffected. The handling of refunds by the merchant of record remains unaffected; this section does not limit what Polar refunds under its Buyer Terms.

Paragraph 4 concerns the rights in respect of defects only. The statutory right of withdrawal and the voluntary 14-day satisfaction guarantee under the Right of Withdrawal and Refund Policy remain unaffected by it: neither requires a defect, a reason, or a prior attempt at cure, and neither is delayed, restricted, or made conditional by an offered or ongoing cure. Statutory rights in respect of defects, in particular the rights of consumers regarding digital products, and all other mandatory statutory rights of the user remain unaffected in full.

The provider may block the use of a specific program version where its continued operation places users at concrete risk, in particular in the case of a security vulnerability or a defect causing loss of data, or where the provider is legally obliged to do so. In that case the provider blocks only the affected version, tells the user the reason, supplies a working version as quickly as possible, and extends the paid term by the duration of the block. If the user does not wish to wait, the provider repays the price for the unused period. A block on account of a breach of section 2 requires a prior request with a reasonable deadline, except in the case of a serious breach.

9. Third-Party Software

The Software includes open-source components as listed under Open-Source Licences.

10. Governing Law

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence. To the extent legally permissible, the place of jurisdiction is Widnau, Canton of St. Gallen, Switzerland; statutory consumer venues of jurisdiction remain unaffected.