Terms of Use

These Terms of Use ("Terms") govern your use of the Noter AI mobile applications for iPhone, iPad and Android (the "App") and related services, including the meeting bot, calendar features and our website (together with the App, the "Services"). The Services have been developed by the Noter AI Team ("Noter AI," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By downloading, installing, or using the Noter AI App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, please do not use the App.

2. Age Requirements

You must be at least 13 years of age to use the App. If you are in the European Economic Area or the United Kingdom and you are under 16 (or a lower age of digital consent set by your country's law), you may only use the App with the consent of a parent or guardian, who agrees to these Terms on your behalf. If you are under the age of majority where you live, a parent or guardian must agree to these Terms for you. By using the App, you represent and warrant that you meet these requirements. If you do not, you are not permitted to use the App.

3. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install a copy of the App on a mobile device owned or controlled by you
• Use the App for your own personal purposes or the internal purposes of your work or business

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. Your account is for you alone. You are responsible for all activity under your account and for keeping your sign-in details secure.

4. Restrictions

You agree not to:

• Copy, modify, or create derivative works based on the App
• Distribute, transfer, sublicense, lease, lend, resell, or rent the App or your account to any third party
• Reverse engineer, decompile, or disassemble the App, except where the law allows it despite this restriction
• Make the functionality of the App available to multiple users through any means
• Get around usage limits, free trial rules, subscription checks, or security features, or use automated means (such as bots or scripts) to access the Services
• Interfere with, overload, or disrupt the Services or the systems of our service providers
• Use the Services to build a competing product, or to train or benchmark AI models
• Use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms
• Use the App to violate any rights of third parties
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark)

5. Prohibited Content

You agree NOT to use Noter AI to record, transcribe, store, or process any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Promotes violence, terrorism, hate speech, or discrimination against any individual or group
• Contains child sexual abuse material (CSAM) or exploits minors in any way
• Infringes on any patent, trademark, trade secret, copyright, or other intellectual property rights
• Violates the privacy or publicity rights of any third party
• Contains malicious code, viruses, or any other harmful components
• Is obtained through illegal recording or without proper consent from all parties as required by law
• You are not allowed to record or share because of a confidentiality duty, court order, or other legal restriction

We reserve the right to suspend or terminate your account immediately and without notice if we reasonably believe you are using the App for any prohibited purpose. We may also report illegal activity to appropriate law enforcement authorities.

6. Intellectual Property Rights

The App 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 Noter AI, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. If you send us suggestions or feedback, we may use them freely without any obligation to you.

7. User Content and Recording Consent

The App lets you create, record, import, and store content such as audio recordings, transcripts, summaries, translations, notes, and chat messages ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

By using the App, you grant us a worldwide, non-exclusive, royalty-free license, for as long as your User Content is stored with us, to:

• Host, store, copy, process, transcribe, translate, and summarize your User Content in order to provide, maintain, secure, and support the Services
• Share your User Content with our service providers (such as our transcription, AI, storage, and meeting bot providers) only as needed to provide the Services, as described in our Privacy Policy
• Store your User Content on our servers for backup and synchronization purposes

We do not sell your User Content and we do not use it to train AI models. You are responsible for the User Content you create and must ensure that you have all necessary rights to grant us this license.

8. AI Output and Transcription Accuracy Disclaimer

IMPORTANT: Noter AI uses artificial intelligence to create transcripts, speaker labels and names, summaries, key points, translations, restyled notes, and chat answers ("AI Output"). You acknowledge and agree that:

• AI Output is generated automatically and may contain errors, omissions, or inaccuracies. It may attribute words to the wrong speaker, mistranslate, leave out important points, or state things that were never said
• The accuracy of AI Output depends on various factors including audio quality, background noise, accents, languages, technical terminology, and multiple speakers
• AI Output is provided "as is" and should not be relied upon as 100% accurate
• You should always review and verify AI Output before using or sharing it for any important purpose
• AI Output is not legal, medical, financial, or other professional advice. You should NOT rely on it for legal, medical, financial, or any critical decisions without independent verification
• Noter AI makes no guarantees regarding the accuracy of AI Output and is not liable for any errors or their consequences

9. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

10. Subscriptions, Free Trials and Payments

• Plans and prices. Some features require a paid subscription. We may offer weekly, monthly, and yearly plans. Prices are shown in the App and in the App Store or Google Play before you buy. They vary by country and may include taxes.
• Free trials. We may offer a free trial, for example 3 days. Unless you cancel at least 24 hours before the trial ends, your subscription will start and you will be charged at the end of the trial. Trial eligibility is decided by Apple or Google and by us, and is usually limited to one trial per person.
• Automatic renewal. Subscriptions renew automatically at the end of each period, and you will be charged for the next period within 24 hours before the current period ends, unless you cancel at least 24 hours before the end of the current period.
• Cancellation. You can cancel at any time in your Apple ID subscription settings (iPhone and iPad) or in the Google Play Store (Android). Deleting the App or your account does not cancel your subscription. After you cancel, you keep access until the end of the period you already paid for.
• Payments and refunds. All payments are processed by Apple or Google, not by us. Refund requests are handled by Apple or Google under their own refund policies. We cannot issue refunds for purchases made through the App Store or Google Play. Except where the law requires otherwise, payments are non-refundable and there are no refunds for partial periods.
• Price changes. We may change subscription prices. Apple or Google will tell you in advance as their rules require, and may ask for your consent before a price increase applies to you. If you do not agree to a new price, you can cancel before it takes effect.

11. Free Plan and Usage Limits

We may offer some features for free. Free features, and limits on the Services (such as maximum recording length, import length, file size, or fair use limits on AI features), are described in the App and may change at any time. We may also apply reasonable limits to paid plans to prevent abuse and keep the Services working for everyone.

12. Updates, Changes and Discontinuation

We may from time to time provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the App. We may also change our service providers, or suspend or discontinue all or part of the Services. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features and/or functionalities of the App. If we discontinue the Services entirely, we will try to give you reasonable notice so you can export your notes.

13. Third-Party Services

The Services work with third-party services that we do not own or control, including meeting platforms (such as Zoom, Microsoft Teams, Google Meet, and Webex), calendar services (such as Google Calendar and Microsoft Outlook), sign-in providers, app stores, and the providers we use to run the Services. These services may change, limit, or stop working with Noter AI at any time, and a meeting bot may be refused entry, removed, or fail to record. We are not responsible for any third-party content or services and do not endorse them. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

14. Your Data and Backups

Recordings can fail, uploads can be interrupted, and processing can fail. We do not guarantee that any recording, transcript, or note will be captured, processed, or kept. You are responsible for keeping your own copies of anything important to you, for example by exporting your notes and audio. When you delete a note or your account, the data may not be recoverable.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS
• TRANSCRIPTION, SUMMARY, OR TRANSLATION ACCURACY OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE SERVICE

We do not warrant that the App will be uninterrupted, secure, or error-free, that defects will be corrected, that the App is free of viruses or other harmful components, that the meeting bot will join or record any meeting, or that AI Output will be accurate or complete. The App and all AI Output are provided for general informational purposes only.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOTER AI, ITS OWNER, AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ERRORS, INACCURACIES, OR OMISSIONS IN TRANSCRIPTIONS OR OTHER AI OUTPUT
• DECISIONS MADE BASED ON TRANSCRIBED CONTENT OR AI OUTPUT
• LEGAL CONSEQUENCES ARISING FROM YOUR RECORDING OF CONVERSATIONS OR MEETINGS
• LOSS OR CORRUPTION OF AUDIO FILES OR TRANSCRIPTIONS
• SERVICE INTERRUPTIONS OR DATA LOSS

RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (USD 50).

17. Specific Exclusions

WITHOUT LIMITING SECTION 16, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTER AI IS NOT LIABLE FOR:

• ANY DATA LOSS, INCLUDING LOSS OF AUDIO RECORDINGS OR TRANSCRIPTIONS
• ANY INACCURACIES, ERRORS, OR OMISSIONS IN TRANSCRIPTIONS OR OTHER AI OUTPUT
• ANY SERVICE INTERRUPTIONS, OUTAGES, OR FAILURES, INCLUDING A MEETING BOT THAT FAILS TO JOIN OR RECORD
• ANY DECISIONS OR ACTIONS YOU TAKE BASED ON TRANSCRIBED CONTENT OR AI OUTPUT
• ANY LEGAL CONSEQUENCES FROM YOUR RECORDING OF CONVERSATIONS OR MEETINGS
• ANY CORRUPTION, DELETION, OR FAILURE TO STORE YOUR DATA
• ANY ACTS OR OMISSIONS OF THIRD-PARTY SERVICES, INCLUDING MEETING PLATFORMS, CALENDAR PROVIDERS, APP STORES, AND OUR SERVICE PROVIDERS
• ANY THIRD-PARTY CLAIMS ARISING FROM YOUR USE OF THE APP

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE APP AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ANY DATA, AUDIO FILES, OR TRANSCRIPTIONS THAT ARE IMPORTANT TO YOU.

18. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Noter AI and its owner, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:

• Your violation of these Terms
• Your use of the App
• Your recording of conversations or meetings without proper consent or notice, including any claim by a person recorded by you or by a meeting bot you sent
• Your violation of any applicable wiretapping, eavesdropping, or recording consent laws
• Any claim that your User Content infringes the rights of any third party
• Your reliance on, or sharing of, transcriptions or other AI Output for any purpose

19. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

To the extent permitted by law, you and Noter AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

• No Class Actions: YOU AND NOTER AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
• Informal Resolution First: Before initiating arbitration, you agree to contact us at support@noterai.net to attempt to resolve the dispute informally within 30 days.
• Arbitration Rules: Any arbitration will be conducted under the rules of a mutually agreed-upon arbitration provider, or if no agreement is reached, under the UNCITRAL Arbitration Rules.
• Location: Arbitration shall take place in Kuwait or, at your election, may be conducted remotely via video conference.
• Consumers in the EEA, UK and Switzerland: This arbitration section does not apply to you if the law where you live does not allow it. You may bring a claim in the courts of your country of residence and use any alternative dispute resolution scheme available to you.

20. Termination

These Terms shall remain in effect until terminated by you or us. We may, in our sole discretion, suspend or terminate your access to the Services at any time, with or without prior notice, including if you breach these Terms, if required by law, or if we discontinue the Services. Upon termination, your right to use the App will cease immediately. You may stop using the Services at any time by deleting your account and the App. Termination does not cancel a subscription bought through Apple or Google; you must cancel it in your store settings. Sections that by their nature should survive termination (including Sections 6, 7, 8, and 14 to 29) will survive.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kuwait, without regard to its conflict of law provisions. Subject to the arbitration clause above, you agree to submit to the personal and exclusive jurisdiction of the courts located in Kuwait for any matters not subject to arbitration. If you are a consumer, this choice of law does not take away the protection of mandatory laws of the country where you live.

22. Rights That Cannot Be Limited

Nothing in these Terms limits or excludes any rights you have, or any liability we have, that cannot be limited or excluded under applicable law. This includes, where applicable, your statutory rights as a consumer in the European Union, the United Kingdom, and other countries, and liability for death or personal injury caused by negligence, or for fraud. Where the law does not allow a limitation or exclusion in these Terms, it applies only to the extent the law allows.

23. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. Changes are effective when we post them, and the "Last Updated" date above will change. If a change is material, we will try to notify you in the App or by email before it takes effect. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. If you do not agree, you must stop using the Services and cancel your subscription.

24. Apple-Specific Terms

If you are using the App on an iOS device, the following additional terms apply:

• These Terms are between you and NoterAI only, not with Apple
• Apple has no obligation to furnish any maintenance and support services with respect to the App
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App
• Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws
• Apple is not responsible for addressing any third-party claim that the App infringes intellectual property rights
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms
• You must comply with applicable third-party terms when using the App
• You must comply with the App Store Terms of Service

24a. Google Play-Specific Terms

If you are using the App on an Android device downloaded from Google Play, the following additional terms apply:

• These Terms are between you and NoterAI only, not with Google
• Google has no obligation to furnish any maintenance and support services with respect to the App
• Google is not responsible for addressing any claims relating to the App
• You must comply with the Google Play Terms of Service when using the App

25. Contact Information

If you have any questions about these Terms, please contact us at:

26. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Noter AI regarding the use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

27. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

28. Waiver

No waiver by Noter AI 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 Noter AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

29. Assignment

You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations under these Terms, for example as part of a sale or transfer of the App or our business, as long as this does not reduce your rights under these Terms.