Terms of Service
Effective Date: October 5, 2026
Last updated: October 4, 2026
Version: terms-v1
These Terms of Service ("Terms") are a binding agreement between you and Novaire Capital Corporation, a company based in Ontario, Canada ("we", "us" or "our"), about ReCut - AI Video Editor ("ReCut"), our video editing app for iPhone, and the servers and services behind it. You accept these Terms when you sign in to ReCut, and by using it. If you don't agree with them, don't use ReCut.
Please read Section 21 carefully. It contains a binding arbitration agreement, a class action waiver and a jury trial waiver that affect how disputes between you and us are resolved. You can opt out of arbitration by emailing support@userecut.com within 30 days of first accepting these Terms (Section 21G). If you are a consumer in Ontario or Quebec, or in another place whose consumer protection law doesn't allow them, the arbitration agreement and the class action waiver don't apply to you and you keep your statutory rights (Section 21H).
1. These Terms and the Related Documents
1A. What These Terms Cover
These Terms govern your use of ReCut: the app, your ReCut account, the AI features, your subscription and any access you receive through a creator code.
1B. Documents That Form Part of These Terms
The following documents form part of these Terms. Where one of them deals with a topic in more detail, it applies to that topic:
- the Privacy Policy, which explains what personal information we collect and how we use it;
- the Data Privacy Policy, which explains how ReCut's AI handles your recordings, carries the full text of the AI consent you see in the app, and lists every company that processes data for us;
- the Refund Policy, which explains how refunds, trials, cancellations and renewals work for App Store purchases; and
- Delete Your Data, which explains how to delete your account and your data.
Two policies are sections of these Terms: the Fair Use Policy (Section 7), which publishes every usage limit, and the Copyright & DMCA Policy (Section 12), which explains how to report copyright infringement.
Each document is published at the address below:
- Terms of Service: https://userecut.com/terms
- Privacy Policy: https://userecut.com/privacy
- Data Privacy Policy: https://userecut.com/data-privacy
- Refund Policy: https://userecut.com/refunds
- Delete Your Data: https://userecut.com/delete-your-data
If one of these documents conflicts with these Terms, these Terms prevail, except that the Privacy Policy and the Data Privacy Policy prevail on how we handle personal information.
2. Eligibility
2A. Children
ReCut is not directed to children under 13. ReCut doesn't ask your age. If you are a parent or guardian and believe a child under 13 has a ReCut account, email support@userecut.com and we will delete it.
2B. Other Requirements
You may use ReCut only if you are allowed to use it under the laws that apply to you. You may not use ReCut if we have previously suspended or terminated your account for breaking these Terms, unless we agree in writing.
3. Your Account
3A. How You Sign In
You sign in with Apple or Google. ReCut has no passwords, and there is no way to use it without signing in.
Before you sign in, ReCut shows you this line: "By continuing you agree to the ReCut Agreement." Continuing is your acceptance of these Terms. We record the version of the Terms you accepted with your account; the version of this text is terms-v1.
3B. One Person per Account
Your account is for you alone. You may not share it, let other people use it, sell it or transfer it. You may not create more than one account to obtain more free trials, more edits, more minutes or more creator-code access.
3C. Keeping Your Account Secure
You are responsible for the security of the Apple or Google account you sign in with, and for everything done through your ReCut account. If you believe someone else has used your account, tell us at support@userecut.com.
4. What ReCut Does
4A. The Service
ReCut lets you record or import talking videos on your iPhone, use AI to find the dead air, filler words, retakes and tangents in them, review and change every cut in an editor, and export the finished video. Recording, editing, previewing and exporting happen on your iPhone. The AI features are the only part of ReCut that sends anything from your videos off your iPhone, as Section 6 explains.
ReCut also offers Quick cut, which removes silences on your iPhone, works without an internet connection and uses no edit.
During setup, ReCut may show an estimate of the editing time it could save you, worked out from your answers to a few questions. Estimates like this are illustrations, not promises: the time you actually save depends on your videos and how you edit them.
4B. What You Need
ReCut runs on iPhone with iOS 17.0 or later. The AI features need an internet connection. To use ReCut you need an active subscription, a free trial, or access granted through a creator code (Sections 8 and 9).
4C. Changes to the Service
We improve ReCut over time, so features may be added, changed or removed. If a change materially reduces what your current paid plan includes, we will tell you in the app or on our website before it takes effect. ReCut is an editing tool, not a storage or backup service.
5. Your Projects Stay on Your iPhone
Projects live only on this iPhone. Deleting ReCut deletes them. ReCut keeps no copy of your projects or videos on its servers, so it can't restore them.
This means:
- if you delete ReCut, lose or reset your iPhone, or delete your account, your projects are gone and we can't recover them;
- you are responsible for keeping copies of anything you want to keep: export the videos you care about and keep your original recordings outside ReCut; and
- when you delete your account, ReCut removes the projects on your iPhone after you confirm (Section 16).
6. AI Features and Your Consent
6A. Consent Before Any Audio Is Sent
ReCut's AI features send data off your iPhone, so ReCut asks for your consent before any audio is sent: continuing on the sign-in screen agrees to the ReCut Agreement, whose AI consent names Deepgram, OpenRouter and Anthropic and explains what each receives. Its current version is ai-consent-v1, and its full text is published in the Data Privacy Policy.
You can turn AI processing off at any time in Settings and still edit by hand and use Quick cut. If your agreement couldn't be recorded when you signed in, or the consent text changes, ReCut asks on a screen of its own, where you can choose "Not now". Our servers check your consent before every AI edit. If we change the providers, what is sent or how it is used, we update the consent version and ask you again.
6B. What Leaves Your iPhone and Who Processes It
Only the audio track of your video leaves your iPhone. Video frames, photos, thumbnails and your project library never do.
- Deepgram turns the audio track into text, with word timings and filler-word flags.
- Anthropic's AI models read the transcript to find retakes, false starts, repeats and tangents, only when those cuts are on. The transcript text reaches Anthropic's AI models through OpenRouter, a service that passes it to Anthropic and returns the answer.
- Silences are found on your iPhone.
These providers process this data for us to provide the service to you. The Privacy Policy and the Data Privacy Policy describe every provider we use.
6C. How Long It Is Kept
The audio is deleted right after transcription and is never kept longer than 48 hours. Transcripts and cut plans are deleted when your iPhone receives them, or within 7 days if it never does. Deleted data can remain in database backups for up to 7 days before it is gone.
Anthropic may keep the transcript text it receives for up to 30 days, and does not use it to train its models. Deepgram is told not to use your audio to improve its models. ReCut does not train AI models on your videos, audio or transcripts.
6D. Turning AI Processing Off
You can turn AI processing off in Settings at any time. Turning AI processing off stops new AI edits and cancels AI edits that haven't finished; their audio and transcripts are then deleted. It doesn't recall data already processed, which is deleted on the schedule above. Manual editing keeps working.
6E. AI Output Can Be Wrong
AI cuts can be wrong. Review your video before you share it; every AI cut can be restored.
ReCut's AI can cut words you wanted to keep, keep words you wanted cut, misjudge a retake or a tangent, and produce transcripts and captions with mistakes. You are responsible for reviewing every video, including its captions, before you post, publish or share it. AI output is a suggestion. It is not advice, and we don't promise any particular result, audience or outcome from using it.
6F. Language
ReCut's AI is built for English speech. With other languages it may miss cuts, and the app may tell you: "ReCut works best with English speech, so some cuts may have been missed."
7. Fair Use Policy: Edits and Limits
Every AI edit has a real cost, so each plan has published limits, including Ultimate, which is sold as "Unlimited*" within fair use. This section is ReCut's Fair Use Policy. The numbers in it are the ones our servers enforce.
7A. What an Edit Is
An edit is one AI processing of one project, covering all of its clips. Running AI again on a project is a new edit. Each video in a batch is its own project, so each is its own edit. An edit also uses audio minutes equal to the length of the audio it processes. Quick cut, which removes silences on your iPhone, uses no edit.
7B. How Edits Are Counted
An edit is counted when its result is ready. It isn't counted when you cancel it before transcription starts, or when it fails because of ReCut or one of its providers. It is counted when the result is limited by the content itself, such as a video with too little clear speech.
When you start an edit, it is reserved against your limits until it finishes. An edit you cancel after transcription has started is counted, because the work has been done. An edit that isn't counted uses none of your edits or audio minutes, and the app tells you: "This edit wasn't counted." An edit that wasn't counted is not a payment or a credit of money.
7C. The Numbers
These are the limits for every plan and for the free trial:
| Free trial | Starter | Pro | Ultimate ("Unlimited*", fair use) | |
|---|---|---|---|---|
| Edits a month | The chosen plan's, for the trial | 100 | 300 | 1,000 |
| Audio minutes a month | The chosen plan's, for the trial | 300 | 900 | 2,000 |
| Edits per rolling 24 hours | 10 | 25 | 60 | 150 |
| Audio minutes per rolling 24 hours | 30 | 90 | 240 | 600 |
| Edits processing at once | 1 | 1 | 3 | 3 |
| Edits waiting in the queue | 2 | 2 | 10 | 10 |
| Audio tracks (music, voiceover) | The chosen plan's | Not included | Included | Included |
| Batch (up to 10 videos) | The chosen plan's | Not included | Included | Included |
Access through a creator code has the Starter limits.
7D. "Unlimited*" Means Fair Use
Ultimate is sold as "Unlimited*". The asterisk means this Fair Use Policy. Ultimate includes 1,000 edits and 2,000 audio minutes a month, and 150 edits and 600 audio minutes per rolling 24 hours. These limits are far above what one person editing their own videos normally uses; they exist to keep the service fast and available for everyone. When an Ultimate account reaches one, the app says so and shows when you can make more edits.
7E. Free Trials
During a free trial, the trial's own limits apply: 10 edits and 30 audio minutes per rolling 24 hours, 1 edit processing at a time, and up to 2 more waiting in the queue. The trial counts as the period for the plan's monthly allowance. When the trial becomes a paid subscription, the plan's own limits apply.
7F. Allowances, Resets and Rolling Limits
- Monthly allowances. Each plan includes a number of edits and audio minutes per month. The month resets on the monthly anniversary of your purchase date, including on annual plans. Unused edits and minutes don't roll over.
- Rolling 24-hour limits. Each plan also limits the edits and audio minutes you can use in any rolling 24 hours: they count what you used in the 24 hours before you start a new edit, not a calendar day. When you reach one, you can make more edits once enough time has passed, and the app shows when.
- Server time. Every limit is measured on our server's clock, not your iPhone's, so changing your device's clock doesn't change your limits. The meters in the app are for your information.
- Upgrades. After an upgrade, what you have already used this month counts against the new plan's limits, and your monthly reset date doesn't change.
7G. Processing at Once, the Queue and Batches
- Processing at once. The number of edits that can process at the same time is 1 on Starter, 3 on Pro and 3 on Ultimate.
- Queue. Edits beyond that wait in a queue of up to 2 on Starter, 10 on Pro and 10 on Ultimate. When the queue is full, you can start another edit once one finishes.
- Batch. Pro and Ultimate can submit a batch of up to 10 videos at once. Each video becomes its own project and its own edit, and the batch follows the processing and queue limits above.
7H. Project Limits
A project can be up to 15 minutes long and hold up to 100 clips. The audio sent for one edit can be up to 25 MiB (about 26 MB).
7I. High Demand
During very high demand, or when one of our AI providers is briefly unavailable, we may temporarily hold new edits instead of starting them. The app shows them as "High demand", and you get a notification when they are ready if you allow notifications. Held edits keep their place in the queue and are counted only when their result is ready; if one can't be processed, it fails and isn't counted. Edits that are already processing are not interrupted.
7J. Abuse, Strikes and Holds
Our servers check every AI edit. A submission that is longer than the project limit, or that contains anything other than the audio ReCut extracts from your project (such as a video track or location data), is rejected, isn't counted, and adds a strike to the account. Several strikes in a short time place an automated hold on the account, which pauses new AI edits and cancels edits still waiting to start; those canceled edits aren't counted.
We also watch for patterns that suggest abuse, such as automated or scripted use, shared accounts, and one person using several accounts to repeat free trials or get around limits. Where we find abuse, we may lower limits, hold AI edits, or suspend or terminate the account under Section 17. If you believe a hold or a strike is a mistake, email support@userecut.com and we will review it.
7K. Changes to These Numbers
We may change these limits. When we do, we update this section with a new "Last updated" date and republish it, and our servers apply the published numbers. We will tell you in the app or on our website before a reduction takes effect. Increases can take effect as soon as they are published.
8. Subscriptions and Billing
8A. Plans
ReCut offers three plans, Starter, Pro and Ultimate, each billed monthly or annually. Every ReCut subscription product belongs to one App Store subscription group, ReCut Premium, so you can hold only one of them at a time:
| Product | Plan | Billed |
|---|---|---|
com.recut.monthlysub20 |
Starter | Monthly |
com.recut.yearlysub1603 |
Starter | Annual |
com.recut.yearlysub160 |
Starter | Annual |
com.recut.yearlysub1607 |
Starter | Annual |
com.recut.yearlysub100 |
Starter | Annual |
com.recut.monthlysub50 |
Pro | Monthly |
com.recut.yearlysub4003 |
Pro | Annual |
com.recut.yearlysub4007 |
Pro | Annual |
com.recut.monthlysub90 |
Ultimate | Monthly |
com.recut.yearlysub7203 |
Ultimate | Annual |
com.recut.yearlysub7207 |
Ultimate | Annual |
Prices are shown by the App Store in your local currency before you buy, and may include taxes where the law requires. Subscriptions are sold and billed by Apple through the App Store and charged to your Apple Account.
You need a ReCut account to subscribe: ReCut asks you to sign in before it shows the subscription screen, so your subscription is tied to your account as well as to your Apple Account.
8B. Free Trial
Some plans are offered with a free trial. Its length (3 or 7 days, depending on the offer), the price that applies after it and the billing period are shown on the subscription screen before you confirm, and that screen governs. You can have one free trial per Apple Account across the whole ReCut Premium group, whichever plan you choose. The trial's limits are in the Fair Use Policy (Section 7E). When the trial ends, it becomes a paid subscription unless you cancel at least 24 hours before it ends.
8C. Payment and Auto-Renewal
Payment is charged to your Apple Account when you confirm the purchase, or when your free trial ends. Before you buy, ReCut shows the price and period and this notice: "Renews automatically until canceled. Cancel at least 24 hours before the period ends in your App Store subscription settings. Charged to your Apple Account." Your subscription renews automatically for the same period until you cancel it at least 24 hours before the current period ends.
8D. Upgrades, Downgrades and Period Changes
Apple handles plan changes within the ReCut Premium group:
- an upgrade (to a higher plan) takes effect at once, and Apple adjusts what you pay for the unused part of the old plan under its own rules;
- a downgrade (to a lower plan) takes effect at your next renewal, and you keep the higher plan until then; and
- a change of period on the same plan takes effect at your next renewal.
After an upgrade, what you have already used this month counts against the new plan's limits, and your monthly reset date doesn't change.
8E. Cancelling
You can cancel at any time in your App Store subscription settings (on your iPhone: Settings, then your name, then Subscriptions), or from Profile, then Manage subscription, in ReCut. Cancelling stops the next renewal. You keep access until the end of the period you have paid for.
Deleting the app doesn't cancel your subscription. Deleting your account doesn't cancel your subscription. Cancel it in the App Store.
8F. Refunds
Apple decides refunds for App Store purchases. ReCut can't issue refunds and doesn't promise one. You can ask Apple through its Report a Problem page (reportaproblem.apple.com). The Refund Policy explains more.
8G. Restoring Purchases
If you reinstall ReCut or move to a new iPhone, sign in to your ReCut account and tap Restore purchases, in Profile or in the menu that opens when you close the subscription screen, while signed in to the Apple Account you bought with. Restoring doesn't charge you. It confirms an existing subscription with Apple; it never grants access by itself.
8H. Family Sharing
Family Sharing is not available for ReCut subscriptions. Each subscription is for the one person whose account it is on.
8I. Price Changes
We may change subscription prices. Apple tells you about a price change for your subscription in advance and, where Apple's rules or the law require it, asks for your agreement before the new price applies. If you don't agree, you can cancel before it takes effect.
8J. When Your Access Ends
ReCut checks your subscription each time it starts and when a period ends. If your subscription ends or lapses, or Apple reverses the purchase, and you have no other access, ReCut returns to the subscription screen. Edits still waiting to start when your subscription ends are canceled and aren't counted. Your projects stay on your iPhone while the app is installed.
8K. Promotional and Alternative Offers
We may present promotional or alternative offers, for example a different offer shown if you start a purchase and then cancel Apple's payment sheet. Unless the offer screen says that a lower price is introductory and names the price that follows it, an offer is its own subscription product and renews at the price it was sold at. The price, billing period and renewal terms shown on the offer screen when you buy are the ones that apply. Wording such as "limited time" describes how long the offer is shown in the app; it doesn't change your cancellation rights or create a right to a refund.
9. Creator Codes
During setup, ReCut asks whether a creator sent you. If you enter a creator code, our server checks it before anything unlocks. A valid code may grant Starter-level access, with the Starter plan's limits, for the time set for that code. The following rules apply to creator codes:
- Limited. Each code can be used only a limited number of times, and may stop working when its uses run out.
- One per account. Each account can use one creator code, ever.
- May expire. Access from a code may end on a date set for that code. We may also end a code, or the access it grants, if it was obtained or used in breach of these Terms.
- Not for sale. Codes can't be sold, bought, traded or transferred, and access from a code stays with the account that used it.
- No cash value. Code access is not a purchase. It has no cash value and can't be exchanged for money or for a subscription.
- Paid plans come first. If you subscribe while you have code access, your paid plan applies. If that subscription later ends while your code access is still running, the code access applies again.
A creator code is the only way to use ReCut without a subscription or a free trial.
10. Your Content
10A. You Own Your Content
Your videos, recordings, audio, transcripts, captions, text and projects ("your content") belong to you, or to whoever licensed them to you. These Terms don't transfer any ownership of your content to us.
10B. The Limited Licence You Give Us
To provide the AI features, we need permission to handle part of your content. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit and process the audio track you submit, and the transcript and cut plan made from it, and to have our service providers do so on our behalf, only as needed to provide ReCut to you. This licence ends for each piece of content when it is deleted under the schedule in Section 6C. It doesn't let us publish your content, show it to anyone else or use it for advertising.
ReCut does not train AI models on your videos, audio or transcripts.
10C. Feedback
If you rate a cut or send us feedback, we may use it to improve ReCut without owing you anything. A transcript is included with feedback only when you choose to include it. The Privacy Policy explains how long feedback is kept.
10D. Your Responsibility for Your Content
You are responsible for your content and for how you use and share what you make with ReCut. You confirm that you have all the rights and permissions your content needs, including from the people who appear or speak in it.
11. Acceptable Use
You agree not to use ReCut, or help anyone else use it, to:
- edit, process or share content you don't have the rights to, or that infringes anyone's copyright, trademark, privacy, publicity or other rights;
- record, or process the voice of, any person without the consent the law requires where you and they are, or record anyone in a private place without their consent;
- make or share content that is illegal, sexually exploits minors, threatens, harasses, bullies, defames or impersonates anyone, promotes violence or hatred, or deceives people in a way that causes them harm;
- copy, modify, decompile, disassemble or reverse engineer the app or our servers, or try to discover their source code, except where the law allows it despite this restriction;
- get around, disable or interfere with any limit, check, security feature or paywall, including by sending our servers anything other than the audio the app produces, or files larger or longer than the project limits;
- use automated means (bots, scripts or modified apps) to access ReCut or its servers, or send requests in a way that overloads them;
- share an account, use several accounts to get around limits, trials or code rules, or let other people use your subscription;
- resell, rent, sublicense or otherwise commercially provide access to ReCut, its AI features or its servers to others, or use ReCut to build a competing product;
- upload or send anything containing malware or harmful code, or try to gain access to accounts, data or systems that aren't yours; or
- break any law or regulation, or any of Apple's terms that apply to you.
You may use ReCut to make videos for personal or business purposes, as long as you follow these Terms. We may investigate suspected misuse and act on it under Section 17. The Fair Use Policy (Section 7J) describes how we handle abuse of the AI features.
12. Copyright & DMCA Policy
This section explains how we handle claims of copyright infringement, including notices under the U.S. Digital Millennium Copyright Act ("DMCA") and Canada's notice-and-notice regime.
12A. Our Approach
We respect the intellectual property rights of others and expect everyone who uses ReCut to do the same. We respond to notices of alleged infringement that meet the requirements of the law, and we terminate the accounts of repeat infringers in appropriate circumstances.
12B. Your Responsibility
Only edit content you have the rights to. That means content you created yourself, content you have a licence or permission to use, and recordings of people who have given the consent the law requires. Before you post a video you made with ReCut, make sure you have the rights to everything in it, including music, footage, images and text. Sections 10 and 11 set out these rules.
12C. What ReCut Stores
Only the audio track of your video leaves your iPhone. Video frames, photos, thumbnails and your project library never do. The audio is deleted right after transcription and is never kept longer than 48 hours. ReCut keeps no copy of your projects or videos on its servers, so it can't restore them.
Because your projects and finished videos stay on your iPhone, most copyright complaints about videos made with ReCut concern copies that were posted on another service, such as a social network or video platform. Only that service can remove what was published there, so please send your notice to it as well. We still act on every valid notice we receive about ReCut or about someone's use of it, including by applying our repeat-infringer policy.
12D. Our Designated Agent
Send DMCA notices and counter-notices to our designated agent:
- Designated agent: Copyright Agent, Novaire Capital Corporation
- Email: support@userecut.com
- U.S. Copyright Office registration: DMCA-1081862
The agent's full designation, including its postal address and telephone number, is on file in the U.S. Copyright Office's DMCA Designated Agent Directory (https://dmca.copyright.gov/osp/). Search it for Novaire Capital Corporation or the registration number above.
Only notices of copyright infringement and counter-notices go to this agent. For anything else, including questions about your account or subscription, use support@userecut.com.
12E. How to Send a Notice of Infringement
Under 17 U.S.C. §512(c)(3), your notice must be in writing and include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed or, if several works are covered by one notice, a representative list of them;
- identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and information reasonably sufficient for us to locate it;
- information reasonably sufficient for us to contact you, such as your address, telephone number and email address;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
A notice that doesn't substantially meet these requirements may not be acted on. Before you send one, consider whether the use could be permitted, for example as fair use or fair dealing.
12F. What We Do When We Receive a Valid Notice
When we receive a notice that meets these requirements, we act on it promptly. Depending on what the notice concerns, we may remove or disable access to the material where we hold it, stop processing it, notify the user concerned and give them a copy of the notice, and record the notice for our repeat-infringer policy.
12G. How to Send a Counter-Notice
If material you submitted was removed or disabled and you believe that happened because of a mistake or misidentification, you may send a counter-notice to our designated agent. Under 17 U.S.C. §512(g)(3), it must be in writing and include:
- your physical or electronic signature;
- identification of the material that was removed or to which access was disabled, and where it appeared before that happened;
- a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who sent the original notice or that person's agent.
When we receive a valid counter-notice, we promptly send a copy to the person who sent the original notice and tell them that we will restore the material, or stop disabling access to it, in 10 business days. We then do so no less than 10 and no more than 14 business days after we received the counter-notice, unless our designated agent first receives notice that the person who sent the original notice has filed an action seeking a court order to restrain the alleged infringement.
12H. Repeat Infringers
We terminate, in appropriate circumstances, the accounts of users who are repeat infringers. An account that is the subject of valid notices on more than one occasion, or that we otherwise find to be repeatedly infringing, may be suspended or terminated under Section 17. We may also restrict access for a single serious infringement.
12I. Misrepresentation
Under 17 U.S.C. §512(f), anyone who knowingly and materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner or us. Don't send a notice or a counter-notice unless you are sure it is accurate.
12J. Copyright Owners in Canada
Canada's Copyright Act sets up a notice-and-notice regime (sections 41.25 to 41.27). A copyright owner may send a notice of claimed infringement that meets the requirements of section 41.25 to support@userecut.com. Where that regime applies to us, we will forward the notice to the person it concerns where we can identify them, tell you that we did or why we couldn't, and keep the records the Act requires. A notice under this regime doesn't by itself lead to removal, and it must not include an offer to settle or a demand for payment.
13. ReCut's Intellectual Property and Your Licence to Use the App
ReCut, including its software, design, text, graphics, caption styles, name and logos, belongs to us or our licensors and is protected by intellectual property laws. Some components are provided under open-source or other licences, whose terms apply to those components.
Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use ReCut on any Apple-branded iPhone that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. We keep every right not expressly given to you. The videos you make with ReCut are yours (Section 10); our licence to you covers only the app and the service.
14. Third-Party Services
ReCut relies on these third-party services to run: Supabase (Canada), Deepgram, OpenRouter, Anthropic, RevenueCat, Superwall, PostHog, Sentry, Meta, TikTok, Appstack, Apple and Google.
They host our servers and sign-in, transcribe and analyze audio for the AI features, handle App Store subscriptions and the subscription screen, measure product use and advertising, deliver notifications, and report crashes. The Privacy Policy and the Data Privacy Policy explain what each one does and what data it receives. When you sign in with Apple or Google, or buy through the App Store, their own terms and privacy policies also apply to you.
We choose these services with care, but we don't control them. To the extent the law allows, we are not responsible for their availability, errors or conduct, or for losses caused by their outages or changes.
15. Apple and the App Store
The following terms apply because you got ReCut from Apple's App Store:
- Acknowledgement. These Terms are between you and Novaire Capital Corporation only, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for ReCut and its content. These Terms can't give you usage rules that conflict with the Apple Media Services Terms and Conditions.
- Scope of licence. Your licence to use ReCut is the one described in Section 13: non-transferable, for use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. We are solely responsible for providing any maintenance and support for ReCut, as described in these Terms or as the law requires. Apple has no obligation to provide any maintenance or support for ReCut.
- Warranty. We are solely responsible for any product warranty, whether express or implied by law, to the extent it isn't effectively disclaimed. If ReCut fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any, to you under this Apple term. To the maximum extent the law allows, Apple has no other warranty obligation for ReCut, and any other claim, loss, liability, damage, cost or expense caused by a failure to conform to a warranty is our responsibility, subject to these Terms. Subscriptions are covered by Section 8F and the Refund Policy.
- Product claims. We, not Apple, are responsible for addressing any claim by you or anyone else relating to ReCut or your possession or use of it, including product liability claims, claims that ReCut fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws.
- Intellectual property. If anyone claims that ReCut or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
- Legal compliance. You confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints and claims about ReCut go to Novaire Capital Corporation at support@userecut.com.
- Third-party terms. When you use ReCut you must also comply with any third-party agreement that applies to you, such as your mobile data plan.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
16. Deleting Your Account
You can delete your account in ReCut at any time: go to Profile, then Settings, then Delete account, or use the account menu on the subscription screen, and type DELETE to confirm. Deleting your account deletes it and all its data on our servers, then the projects on your iPhone. It can't be undone. Deleted data can remain in database backups for up to 7 days before it is gone.
Deleting your account doesn't cancel your subscription. Cancel it in the App Store. Delete Your Data explains what is deleted and when.
17. Suspension and Termination
17A. By You
You may stop using ReCut at any time and delete your account as described in Section 16. To stop paying, cancel your subscription in the App Store (Section 8E).
17B. By Us
We may suspend, restrict or terminate your account or your access to all or part of ReCut if:
- you break these Terms, including the acceptable use rules in Section 11 or the Fair Use Policy in Section 7;
- we reasonably suspect fraud, abuse, infringement or a security risk connected to your account;
- we must do so to comply with the law, a court order or a request from a competent authority; or
- we stop offering ReCut, or the part of it concerned.
Where it is reasonable and lawful, we will tell you before we act and explain why, so you can respond. We may act without notice where the breach is serious, where there is a risk of harm, or where the law prevents us from giving notice. If we stop offering ReCut altogether, or end your access for a reason that is not your fault, we will tell you in advance in the app or on our website where we reasonably can. Refunds for App Store purchases remain Apple's decision (Section 8F).
17C. What Happens on Termination
When your account ends, your right to use ReCut ends. Your projects remain only on your iPhone until you delete the app. Sections 5, 6C, 10, 12, 13 and 15 to 24 continue to apply after termination, together with any other part of these Terms that by its nature should.
18. Disclaimer of Warranties
To the maximum extent permitted by law, ReCut, including its AI features and everything they produce, is provided "AS IS" and "AS AVAILABLE", without warranties or conditions of any kind, whether express, implied or statutory, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing or usage of trade.
Without limiting the paragraph above, we don't warrant that:
- ReCut will be uninterrupted, timely, secure or free of errors or harmful components;
- any AI cut, transcript or caption will be accurate, complete or suitable for your purpose;
- your projects, recordings or exported videos will not be lost, corrupted or deleted: they live only on your iPhone, and keeping copies is your responsibility (Section 5); or
- any third-party service ReCut depends on will be available or free of errors.
If you are a consumer, you may have legal guarantees that can't be excluded, for example under Ontario's Consumer Protection Act, 2002 or Quebec's Consumer Protection Act. This section doesn't limit those guarantees; it applies only as far as the law of the place you live allows.
19. Limitation of Liability
To the maximum extent permitted by law:
- Excluded damages. Neither we nor our officers, directors, employees, contractors, agents, affiliates, licensors or service providers are liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or content, arising out of or relating to ReCut or these Terms, whatever the legal theory (contract, tort including negligence, or anything else), even if we were told such damages were possible.
- Lost projects and videos. We are not liable for the loss, corruption or deletion of your projects, recordings or videos, however it happens, including when you delete the app or your account, lose or reset your iPhone, or when the app fails. Your projects live only on your iPhone and we keep no copy of them.
- Aggregate cap. Our total liability for all claims arising out of or relating to ReCut or these Terms is limited to the greater of (a) the amounts you paid for ReCut subscriptions in the 12 months before the event giving rise to the claim, and (b) US$50.
These limits apply even if a limited remedy fails of its essential purpose, and they are part of the basis of the bargain between you and us. They don't limit liability that the law doesn't allow to be limited, such as liability for our fraud, intentional or gross fault, or for death or bodily injury caused by our negligence, or any right you have as a consumer that can't be waived by agreement. Where the law of the place you live doesn't allow a limit, that limit applies to you only as far as the law allows.
20. Indemnification
To the extent permitted by law, you agree to indemnify, defend and hold harmless Novaire Capital Corporation and its officers, directors, employees, contractors, agents and affiliates from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising out of or relating to:
- your content, including any claim that it infringes someone's rights or that you recorded someone without the consent the law requires;
- your use of ReCut, or of the videos you make with it, in breach of these Terms; or
- your breach of any law or of anyone else's rights.
We may take over the defence of any claim covered by this section at your expense, and you will cooperate with us. If you are a consumer and the law of the place you live doesn't allow or limits this obligation, it applies to you only as far as that law allows.
21. Governing Law and Dispute Resolution
21A. Informal Resolution First
Most concerns can be settled quickly. Before starting an arbitration or a court claim, you and we each agree to try to resolve the dispute informally. Send a written notice to support@userecut.com with your name, the email address on your ReCut account, a description of the dispute and what you are asking for. We will send any notice to you at the email address on your account. If the dispute isn't resolved within 60 days after the notice is received, either of us may start proceedings as this section allows. Limitation periods are suspended during those 60 days, to the extent the law allows.
21B. Governing Law
These Terms, and any dispute arising out of or relating to them or to ReCut, are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply. If you are a consumer, this choice of law doesn't deprive you of the protection of the mandatory provisions of the law of the place where you live.
21C. Binding Arbitration
Except as Sections 21D and 21H provide, any dispute, claim or controversy between you and us arising out of or relating to these Terms or ReCut, including its formation, interpretation, breach or validity, will be resolved by final and binding arbitration administered by the ADR Institute of Canada ("ADRIC") under its Arbitration Rules in force when the arbitration starts.
- The arbitration will be heard by a single arbitrator, in English, and its seat will be Toronto, Ontario. Unless you and we agree otherwise, hearings may take place by videoconference or telephone, or on written submissions only.
- Filing, administration and arbitrator fees are paid as ADRIC's rules provide. If you show the arbitrator that the fees you would pay are prohibitive compared with the cost of going to court, we will pay as much of them as the arbitrator finds necessary to prevent that.
- The arbitrator may award the same individual relief a court could award, but only to you or us individually, and only as needed for the individual claim.
- The arbitrator decides any question about the interpretation, scope or enforceability of this arbitration agreement, except that only a court may decide whether the class action waiver in Section 21F is enforceable.
- Judgment on the award may be entered in any court with jurisdiction.
21D. Exceptions: Small Claims and Injunctions
Even under the arbitration agreement, either of us may:
- bring an individual claim in a small claims court, including the Ontario Small Claims Court, if the claim qualifies and stays there; and
- ask a court for an injunction or other urgent relief to protect intellectual property or to stop unauthorized access to, or abuse of, ReCut.
21E. Mass Arbitration
If 25 or more demands for arbitration that raise similar claims are filed against us by, or with the help of, the same or coordinated lawyers or organizations, they will be administered in batches of up to 25 demands, with each side choosing half of each batch. The next batch starts only after the previous one is resolved. Demands waiting for their batch are not considered filed for the purpose of administrative fees, and limitation periods for those claims are suspended until their batch starts. A court with jurisdiction may enforce this section.
21F. Class Action and Jury Trial Waiver
You and we each agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class action, class arbitration, consolidated action or representative proceeding. The arbitrator may not combine more than one person's claims. You and we also each waive any right to a trial by jury, to the extent the law allows. If a court decides that the class action waiver can't be enforced for a particular claim, the arbitration agreement doesn't apply to that claim, which proceeds in court under Section 21I, and the waiver still applies to every other claim.
21G. Your Right to Opt Out of Arbitration Within 30 Days
You can opt out of the arbitration agreement in Section 21C, the mass arbitration terms in Section 21E and the class action waiver in Section 21F. To do so, email support@userecut.com within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out", your name, the email address on your ReCut account, and a statement that you opt out. A parent or guardian may send it for a user who is a minor. Opting out doesn't affect any other part of these Terms, and it won't change how we treat you.
21H. Consumers in Ontario, Quebec and Other Places
If you are a consumer who lives in Ontario or Quebec, or in another place whose consumer protection law makes a pre-dispute agreement to arbitrate, or a class action waiver, unenforceable against consumers (for example, Ontario's Consumer Protection Act, 2002 and Quebec's Consumer Protection Act), then:
- the arbitration agreement in Section 21C, the mass arbitration terms in Section 21E and the class action waiver in Section 21F don't apply to you;
- you may bring your claim in a court with jurisdiction, including the courts of the place where you live where that law allows it, and you may take part in a class proceeding; and
- you keep every right that the consumer protection law of the place where you live gives you.
After a dispute has arisen, you and we may still agree to resolve it by arbitration, if the law allows that agreement.
21I. Courts
For any dispute that isn't arbitrated, you and we submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, and waive any objection to that venue, except where the law of the place you live gives you, as a consumer, the right to bring or defend the claim in the courts of that place.
21J. If Part of This Section Can't Be Enforced
If any part of this Section 21 is found unenforceable, the rest of it still applies, except as Section 21F says about the class action waiver.
21K. Time Limit on Claims
To the extent the law of the place you live allows, any claim arising out of or relating to these Terms or ReCut must be started within one year after it arises; otherwise it is permanently barred. Where that law sets a longer period that can't be shortened by agreement, as consumer protection and limitation laws in Ontario, Quebec and elsewhere may, that longer period applies.
22. Changes to ReCut and to These Terms
We may update these Terms, and the documents that form part of them, from time to time. When we make a material change, we will tell you through the app or on our website before it takes effect, and update the Effective Date and version above. Changes don't apply to a dispute that was already the subject of a notice under Section 21A before the change was published.
We record the version of the Terms you accepted when you sign in; this text is version terms-v1. If you keep using ReCut after a change takes effect, the updated Terms apply to you. If you don't agree to a change, stop using ReCut and cancel your subscription in the App Store before the change takes effect. If the law of the place you live gives you more rights when terms change, you keep them.
23. General Provisions
- Entire agreement. These Terms, including the documents listed in Section 1B, are the entire agreement between you and us about ReCut, and replace any earlier agreement on that subject.
- Severability. If a court or arbitrator finds any part of these Terms invalid or unenforceable, that part is changed to the minimum extent needed to make it enforceable, or removed if that isn't possible, and the rest of these Terms stays in effect.
- No waiver. If we don't enforce a part of these Terms, that doesn't waive our right to enforce it later. A waiver must be in writing.
- Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms as part of a merger, acquisition, reorganization or sale of assets, or by operation of law; if we do, your rights under them continue.
- Force majeure. We are not responsible for a delay or failure caused by events beyond our reasonable control, such as natural disasters, war, labour disputes, network or power failures, or failures of third-party services.
- Notices. We may send you notices through the app or to the email address on your account. You can send us notices at support@userecut.com.
- Relationship. Nothing in these Terms creates a partnership, employment, agency or joint venture between you and us.
- Third-party beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms (Section 15). Nobody else is.
- Interpretation. Headings are for convenience only. "Including" means "including without limitation".
24. Language
ReCut's legal documents are written in English, and the English version governs. We may publish French versions later; if we do, the English version still governs where they differ.
25. Contact Us
For questions about these Terms, contact us:
Novaire Capital Corporation (Ontario, Canada)
Email: support@userecut.com (support, privacy requests and the Privacy Officer, copyright notices)