Terms of Service

Last Updated on May 30th, 2018

Thank you for visiting the Otter.ai website, mobile application and platforms (the “Platform”) provided by AISense, Inc… By accessing or using the Platform or any other AISense products, software, and services provided to you on, from or through the Platform (collectively the “Services”), whether automated or otherwise, you (“Customer”) agree to be bound by these terms of service, the AISense Privacy Policy and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Platform (“Terms” or “Agreement”). Please read these Terms carefully before using the Services. If you do not agree to be bound by any of these Terms, you may not use the Services.

Acceptance of Agreement

These Terms govern your access and use of the Services offered by AISense and any information displayed on the Platform. By using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and AISense. You represent that you are legally able to accept these Terms, and affirm that you are of legal age to form a binding contract. AISense’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement. The Services are not intended for and should not be used by anyone under the age of 13. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement.

The terms “you,” “your,” “yourself” shall also include your employees, agents, business representatives and any other individuals that you provide access to the Services through your Account (as defined below). You are responsible for ensuring that all persons who access the Services through your account are aware of these Terms and comply with them.

AISense reserves the right to revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Use of the Services

Our Services uses proprietary speech and speaker recognition technology to transform voice conversations into legible text. Among other things, AISense technology makes voice conversations searchable like email or other text communications. The service also enables you to share conversations and associated transcripts with others.

We will make the Services available to you. You are responsible for making all arrangements necessary for you to have access to the Services, including the high-speed internet.

Rules of Conduct

  1. There are rules of conduct that you must follow when you use the Services. You must not:

    • Use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
    • Infringe upon or violate AISense’s intellectual property rights or the intellectual property rights of others;
    • “Harvest” (or collect) information from the Platform using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so);
    • Use automated means to access the Platform, or gain unauthorized access to the Platform or to any account or computer system connected to the Platform;
    • Obtain, or attempt to obtain, unauthorized access to areas of the Platform or our systems;
    • “Flood” the Platform with requests or use the Services in any manner that could disable, overburden, damage, or impair the Platform;
    • Circumvent or reverse engineer the Platform or its systems;
    • Manipulate or forge identifiers in order to disguise the origin of any information posted on the Platform or otherwise provided to us or our employees;
    • Impersonate or attempt to impersonate AISense, an AISense employee, another user, or any other person or entity;
    • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
    • Spam, phish, pharm, pretext, spider, crawl, or scrape; or
    • Engage in any other conduct that interfere with anyone’s use or enjoyment of the Services, or which, as determined by us, may harm AISense or users of the Services or expose them to liability.
  2. You and others that you record are solely responsible for any content that becomes part of the Customer Data (as defined below). If you record through or upload to the Platform materials, recordings, videos, pictures, or files (“Customer Data”), you affirm, represent, and warrant that any processing of such Customer Data by AISense will not violate any applicable laws or regulations, and that such content shall not, and you will not upload, transmit, or contribute anything that:

    • Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
    • Promotes sexually explicit pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
    • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
    • Divulges another person’s or entity’s confidential or private information;
    • Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
    • Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
    • Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
    • Contains any virus, malware, spyware or other harmful content or code, or materials that otherwise violate this Agreement.
  3. The Services provide a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. It may be an offense in your jurisdiction to record other individuals without their prior written consent. It is your responsibility to follow applicable foreign, federal and local laws when using such feature, including informing the participants in your meetings that the discussion is being recorded. We absolutely do not condone the use of our Services for illegal purposes.

  4. The use of the Services is done at your own discretion and risk and with the agreement that you will be solely responsible for Customer Data and the consequences of recording, submitting and publishing Customer Data on or through the Services.

Monitoring and Enforcement

We may review conduct for compliance purposes. We are not responsible for the content of any of your materials, recordings, videos, pictures, data, information, content, or files (“Customer Data”) or the way you choose to store or process any Customer Data on the Platform.

We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms. We have the right to:

Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS AISENSE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review any material before it is uploaded to or posted on the Platform, and cannot ensure prompt removal of objectionable material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Ownership

  1. AISense materials

    The Services, including the Platform and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by AISense, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. AISense, its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Services. You must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform or the Services unless explicitly authorized in these Terms or by the owner(s) of the materials.

    We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license to use the Services in accordance with this Agreement and its intended purposes only. Except for allowing you to use the Services as set forth herein, you are not receiving any other license or any other rights, including intellectual property or other proprietary rights of AISense. You understand that you have no rights to the Platform or Services or any other AISense property except as indicated in these Terms. All of our rights not expressly granted by this license are hereby retained.

  2. Customer materials

    Customer retains all ownership rights in Customer Data. However, by transmitting, uploading or posting Customer Data on or through the Services, you hereby grant AISense a worldwide, non-exclusive, royalty-free, license to access, process, copy, export, and display Customer Data, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; © as required by law; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data as may be necessary to grant this license.

  3. Feedback

    We always appreciate your feedback or other suggestions about the Services. If you send us any feedback or suggestions regarding the Services, we may or may not use it. Customer grants us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer.

Registration and Account Security

To use certain features or areas of the Services, you will be required to provide personal and/or demographic information as part of a registration or login process and to create an account (“Account”). In addition, certain features of the Services are only available to our registered users, and to access those areas of the Services you will be required to log in using your username and password. In connection with such registration, AISense may refuse to grant you, and you may not use, a username (or email address) or screen name that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, that is offensive, or that AISense rejects for any other reason in its sole discretion.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if AISense suspects that your information is untrue or inaccurate, not current, or incomplete, AISense may, in its sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the AISense Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your password or Account information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Payment Terms

Certain of our Services are subject to payments now (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for Paid Services are deemed part of this Agreement. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. AISense reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize AISense to withhold any monies and/or debit any monies from any account that you have identified to AISense for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to AISense.

Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income.

Term and Termination

You may stop using our Services at any time. We may terminate or suspend your access to or ability to use any and all Services at any time, without prior notice or liability, for any reason or no reason. In particular, AISense may immediately terminate or suspend your Account if you are in breach of these Terms or if your Account has been flagged for copyright infringement. Upon termination, we will refund you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to AISense or any third party.

Warranty Disclaimer

YOUR USE OF THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN IS AT YOUR OWN RISK. THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AISENSE NOR ANY PERSON ASSOCIATED WITH AISENSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER AISENSE NOR ANYONE ASSOCIATED WITH AISENSE REPRESENTS OR WARRANTS THAT THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE PLATFORM, AND ANY CONTENT OR PRODUCTS THEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AISENSE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

AISENSE MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. AISENSE ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. AISENSE DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY CUSTOMER DATA, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. YOU AGREE THAT AISENSE HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AISENSE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE PLATFORM, OR ANY CONTENT OR PRODUCTS THEREIN, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL AISENSE’S TOTAL LIABILITY FOR ALL DAMAGES UNDER THIS AGREEMENT EXCEED THE LESSER OF (I)THE AGGREGATED AMOUNTS YOU PAID TO AISENSE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE CLAIM, OR (II) $1,000.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless AISense, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Customer Data, any use of the Platform content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

Privacy

We respect your privacy. Please see our Privacy Policy. By visiting this Site and accessing and using the Services, you consent to our collection and use of your personal information as set forth in the Privacy Policy.

DMCA Notice

If you believe that any content uploaded or posted to, or otherwise made available on the Services infringes upon any copyright which you own or control, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Sec. 512©(3) for further detail):

Please include your name, mailing address, telephone number, email address, and direct your notification to our Designated Agent by email at legal@aisense.com or by regular mail at:

AISense, Inc.
Attn: Copyright Notices
5150 El Camino Real, Suite A-22
Los Altos, CA 94022

Please note that filling a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly materially misrepresents that a product or content is infringing the copyrights of others could be liable for damages pursuant to applicable laws.

Upon receiving a proper notification of alleged copyright infringement as described above, we may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also may advise the alleged infringer of the DMCA statutory counter notification procedure, by which the alleged infringer may respond to your claim and request that we restore the material.

Miscellaneous

  1. Survival. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification.

  2. No Waiver; Severability. No waiver of by AISense of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  3. Governing Law and Jurisdiction. All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, the Services and these Terms shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  4. Entire Agreement. These Terms, together with our Privacy Notice, shall constitute the entire agreement between you and AISense concerning the Services.

If you have any questions about these Terms, please contact us at legal@aisense.com or at the following mailing address:

AISense, Inc.
5150 El Camino Real, Suite A-22
Los Altos, CA 94022