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Terms of Service

Effective Date: 2026-04-21 Version: 1.0

These Terms of Service ("Terms") are a legally binding agreement between you ("Customer", "you") and Theta One AI ("Theta One", "we", "us"). By creating an account, accessing the Theta One API Console, or calling any Theta One API, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility​

1.1 Adults only. The Service is available only to individuals who are at least nineteen (19) years of age and who have the legal capacity to enter into a binding contract. Accounts held by minors will be suspended on discovery.

1.2 Organizational accounts. If you are creating an account on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

1.3 Export and sanctions. You may not use the Service if you are located in, or are a resident of, any country subject to a comprehensive embargo by the Republic of Korea, the United States, or the European Union, or if you appear on any applicable restricted-party list.

2. The Service​

2.1 What we provide. Theta One provides programmatic access to speech-to-text (STT) and pronunciation-scoring APIs, a developer Console for account and API-key management, and technical documentation. Current endpoints, rate limits, and constraints are documented at docs.thetaone-ai.com.

2.2 Changes. We may add, change, or deprecate features. Breaking API changes will be announced by email to the account holder at least fourteen (14) days in advance.

2.3 Beta features. Features labeled "beta", "preview", or "experimental" are provided as-is and may be changed or removed without notice. Beta features are not covered by any service-level commitment.

3. Account and API Keys​

3.1 Accurate information. You must provide accurate registration information and keep it current.

3.2 Credential security. You are responsible for the secrecy of your password and API keys. API keys are shown once upon creation. You must rotate or revoke any key that is lost or exposed.

3.3 Account activity. You are responsible for all activity under your account, including API calls made with your keys, whether by you, your employees, your integrations, or third parties you authorize.

3.4 Suspension. We may suspend your account or keys without prior notice if we reasonably believe that use of the Service violates these Terms, the Acceptable Use Policy, or applicable law, or poses a security or fraud risk.

4. Fees, Credits, and Billing​

4.1 Prepaid credits. Most customers pay by topping up prepaid credits. Pricing per second of processed audio is published at Pricing. Credits are consumed per successful billable request.

4.2 Postpaid (contract). Enterprise customers may pay under a separate written agreement. If that agreement conflicts with these Terms, the written agreement controls for that customer.

4.3 Taxes. Published fees are exclusive of value-added tax, withholding tax, and any other taxes or duties, which are your responsibility unless we are legally required to collect them.

4.4 Refunds. Unused prepaid credits are non-refundable except where required by law. Credits consumed by retried requests are billed per-attempt; you are responsible for client-side deduplication.

4.5 Chargebacks and disputes. You must contact support@thetaone.co before initiating a payment dispute. Unjustified chargebacks may result in account termination and recovery of associated fees.

5. Customer Data and Responsibility​

5.1 "Customer Data" means audio files, text, metadata, and any other content you or your end users submit to the Service.

5.2 Your ownership. Customer Data is and remains your property (or the property of your licensors). You grant Theta One a limited, worldwide, royalty-free license to process Customer Data solely to provide, secure, and improve the Service as described in these Terms and the Privacy Policy.

5.3 Your obligations. You represent and warrant that:

  • You have all rights, consents, and authority necessary to submit Customer Data to the Service and to grant the license in Section 5.2;
  • You have provided all notices and obtained all consents (including parental consent for any minor whose voice or data is submitted) required by applicable law;
  • Customer Data does not violate any law, contract, or third-party right.

5.4 End users. If you offer an application that uses the Service to end users (including minors), you are the controller of those end users' personal data and are responsible for lawful basis, notices, and consent under PIPA, GDPR, COPPA, and other applicable laws. Theta One processes that data as your processor on your documented instructions.

5.5 No sensitive uses by default. You may not use the Service for biometric identification, emotion recognition, medical diagnosis, or any regulated-industry purpose (healthcare, credit, employment, law-enforcement decision-making) without a written agreement signed by Theta One authorizing that use.

6. Acceptable Use​

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the AUP is a material breach of these Terms.

7. Intellectual Property​

7.1 Our IP. The Service, API, Console, documentation, logos, and all related software and content are the intellectual property of Theta One or its licensors. Nothing in these Terms transfers ownership of our IP to you.

7.2 Limited license. Subject to these Terms and timely payment of fees, we grant you a non-exclusive, non-transferable, revocable license to call the API and use the Console for your internal business purposes.

7.3 Output. Subject to Section 5 and applicable law, we claim no ownership over the transcriptions, scores, or other output generated for you by the Service. Output is provided on an "as is" basis and may contain errors; you are responsible for verifying output before relying on it.

7.4 Feedback. If you send us suggestions or feedback, you grant Theta One a perpetual, irrevocable, royalty-free license to use that feedback without restriction.

8. Confidentiality​

Each party will protect the other's non-public, proprietary information disclosed under these Terms with at least the degree of care it uses to protect its own confidential information, and not less than reasonable care. This Section does not apply to information that is public, independently developed, or lawfully obtained from a third party.

9. Data Protection​

The processing of personal data under these Terms is governed by our Privacy Policy. For Customer Data processed on your behalf as a processor (Section 5.4), our Data Processing Addendum applies and is available on request at privacy@thetaone.co.

10. Warranty Disclaimer​

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THETA ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF OUTPUT. THE SERVICE IS NOT DESIGNED FOR USE IN LIFE-SUPPORT, MEDICAL, OR OTHER HIGH-RISK ACTIVITIES.

Nothing in this Section limits liability for matters that cannot be excluded under applicable consumer-protection law (including the Korean Act on the Regulation of Terms and Conditions, the EU Consumer Rights Directive, and the California Consumer Legal Remedies Act).

11. Limitation of Liability​

11.1 Cap. To the maximum extent permitted by law, Theta One's total aggregate liability arising out of or related to these Terms will not exceed the greater of (a) the fees you paid to Theta One in the twelve (12) months before the event giving rise to liability, or (b) one hundred US dollars (US $100).

11.2 Excluded damages. Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, or lost data, even if advised of the possibility.

11.3 Exceptions. The caps and exclusions in this Section do not apply to (a) either party's indemnification obligations, (b) a party's breach of Section 7 (IP) or 8 (Confidentiality), (c) Customer's payment obligations, or (d) liability that cannot be limited under mandatory law.

12. Indemnification​

You will defend, indemnify, and hold Theta One harmless from any third-party claim arising out of (a) your Customer Data, (b) your breach of these Terms or the AUP, or (c) your use of the Service in violation of law.

13. Term and Termination​

13.1 Term. These Terms apply for as long as you use the Service.

13.2 Termination by you. You may close your account at any time from the Console's Settings → Account page, or by emailing support@thetaone.co.

13.3 Termination by us. We may terminate your account on thirty (30) days' notice for convenience, or immediately for material breach, non-payment, or an AUP violation.

13.4 Effect. On termination, your right to use the Service ends, remaining prepaid credits are forfeited except where refundable by law, and we will delete or return Customer Data as described in the Privacy Policy. Sections that by their nature should survive termination (including Sections 5.4, 7, 8, 10, 11, 12, 14) will survive.

14. Governing Law and Disputes​

14.1 Korean customers. If your billing address is in the Republic of Korea, these Terms are governed by the laws of the Republic of Korea, and the Seoul Central District Court has exclusive jurisdiction as the court of first instance, subject to mandatory consumer jurisdiction rules.

14.2 All other customers. For all other customers, these Terms are governed by the laws of the Republic of Korea without regard to conflict-of-laws principles, and disputes will be resolved by binding arbitration under the KCAB International Rules in Seoul, in English, before a single arbitrator. Either party may seek injunctive relief in any court of competent jurisdiction.

14.3 EU and UK consumers. If you are a consumer residing in the EU, EEA, or UK, nothing in Section 14.1 or 14.2 deprives you of the protection of mandatory consumer law in your country of residence, and you may bring proceedings in your local courts.

14.4 No class actions. To the extent permitted by law, disputes will be resolved individually, not as part of a class or collective action.

15. Changes to These Terms​

We may update these Terms. If a change is material, we will notify the account holder by email at least thirty (30) days before it takes effect (or the minimum longer period required by law). Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.

16. Miscellaneous​

  • Entire agreement. These Terms, the AUP, the Privacy Policy, and any order form or written agreement are the entire agreement between the parties on this subject.
  • Assignment. You may not assign these Terms without our written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • Severability. If any provision is held unenforceable, the remainder will continue in effect.
  • No waiver. Failure to enforce a provision is not a waiver.
  • Language. The English version of these Terms controls. Translations are provided for convenience.
  • Notices. Notices to you may be sent to the email address on file. Notices to us must be sent to legal@thetaone.co.

Contact​

Theta One AI Email: legal@thetaone.co Support: support@thetaone.co