Last Updated: 19th September 2024

Welcome to ThirdEar AI. These Terms of Service ("Terms") govern your access to and use of ThirdEar AI's services, including our iOS application, web application, website (www.thirdear.ai), and any other software, tools, features, or functionalities provided by ThirdEar AI (collectively, the "Services"). Please read these Terms carefully, as they constitute a binding legal agreement between you and ThirdEar AI, Inc. ("ThirdEar AI," "we," "our," or "us").

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Services.

2. Eligibility

2.1. Age Requirement: You must be at least 13 years old to use the Services. If you are under 18 years old, you must have your parent or legal guardian's permission to use the Services.

2.2. Capacity: You represent and warrant that you have the legal capacity to enter into these Terms and that you are not prohibited from using the Services under applicable laws.

3. Registration and Account Security

3.1. Account Creation: To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. Account Security: You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you believe your account security has been compromised, you must immediately notify us at support@thirdear.ai.

3.3. Organizational Accounts: If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms. You agree that the organization will be responsible for all use of the Services and any associated accounts.

4. Description of Services

ThirdEar AI provides artificial intelligence-powered services that may include, but are not limited to:

• Real-time transcription and summarization of audio content

• Context-aware search and information retrieval

• Personalized knowledge enhancement and recommendations

• Integration with third-party applications and services

The specific features and functionalities of the Services may be modified, updated, or discontinued at our discretion.

5. User Content and License Grant

5.1. User Content: You retain all rights in, and are solely responsible for, the content you submit, post, or display through the Services ("User Content").

5.2. License Grant to ThirdEar AI: By submitting User Content to the Services, you grant ThirdEar AI a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Services.

5.3. Representations and Warranties: You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant the rights granted herein for any User Content that you submit.

6.Intellectual Property Rights

6.1. Ownership: The Services, including all intellectual property rights in and to the Services and any ThirdEar AI content, are and will remain the exclusive property of ThirdEar AI and its licensors.

6.2. License to Use Services: Subject to these Terms, ThirdEar AI grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business purposes.

6.3. Restrictions: You may not: a) Sell, resell, rent, lease, or distribute the Services or any part thereof b) Modify, decode, reverse engineer, or create derivative works of the Services c) Remove any copyright or proprietary notices from the Services d) Use the Services in any manner that could damage, disable, overburden, or impair ThirdEar AI's systems or networks

7.Privacy and Data Protection

7.1. Privacy Policy: Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data practices.

7.2. Data Processing Agreement: To the extent required by applicable data protection laws, our processing of personal data is governed by our Data Processing Agreement, which is incorporated by reference into these Terms.

7.3. Consent to Data Processing: By using the Services, you consent to the collection, processing, and storage of your information as described in our Privacy Policy and any applicable Data Processing Agreement.

8. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

a) Violate any applicable laws, regulations, or third-party rights b) Use the Services for any illegal, harmful, or abusive activities c) Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity d) Interfere with or disrupt the Services or servers or networks connected to the Services e) Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services f) Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services g) Collect or store personal data about other users without their express permission h) Upload or transmit viruses, worms, or any other malicious code i) Use the Services in any way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services

9.Third-Party Services and Content

9.1. Third-Party Services: The Services may contain links to third-party websites or services that are not owned or controlled by ThirdEar AI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

9.2. Third-Party Content: Any third-party content, including open-source software or other third-party software that may be included in the artificial intelligence and machine learning models you access through the Services, is provided "as is" and we make no warranties regarding such content.

10. Fees and Payment

10.1. Fees: ThirdEar AI reserves the right to charge fees for certain features of the Services. You agree to pay all applicable fees as described on our website or within the Services.

10.2. Payment: All fees are non-refundable and are payable in U.S. dollars. You agree to provide accurate and complete billing information.

10.3. Subscription Services: If you choose to subscribe to any of our paid Services, you authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time, but no refunds will be provided for any unused portion of the subscription period.

10.4. Changes to Fees: We reserve the right to change our fees at any time upon reasonable notice. Your continued use of the Services after such notice constitutes your acceptance of the new fees.

11.Termination

11.1. Termination by You: You may terminate your account and these Terms at any time by contacting us at support@thirdear.ai.

11.2. Termination by ThirdEar AI: We reserve the right to suspend or terminate your access to the Services at any time, with or without cause and with or without notice.

11.3. Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIRDEAR AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THIRDEAR AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

THIRDEAR AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO THIRDEAR AI FOR THE SERVICES IN THE PAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless ThirdEar AI, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, and expenses (including attorneys' fees and costs) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

15. Modifications to the Services and Terms

15.1. Changes to Services: ThirdEar AI reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice.

15.2. Changes to Terms: We may modify these Terms from time to time. We will notify you of any material changes by posting the new Terms on this page with a new effective date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

16. Governing Law and Dispute Resolution

16.1. Governing Law: These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

16.2. Agreement to Arbitrate: You and ThirdEar AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

16.3. Arbitration Procedures: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be conducted in Santa Clara County, California, unless you and ThirdEar AI agree otherwise.

16.4. Class Action Waiver: YOU AND THIRDEAR 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.

16.5. Opt-Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt-out to support@thirdear.ai within 30 days of your first use of the Services.

17. Export Compliance

You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

18. U.S. Government Rights

The Services and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Services are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

19. California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. International Use

ThirdEar AI makes no representation that the Services are appropriate or available for use in locations outside the United States. Accessing the Services from territories where their content is illegal is prohibited. Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.

21. Entire Agreement

These Terms constitute the entire agreement between you and ThirdEar AI regarding the use of the Services, superseding any prior agreements between you and ThirdEar AI relating to your use of the Services.

22. Waiver and Severability

The failure of ThirdEar AI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

23. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ThirdEar AI's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. ThirdEar AI may freely assign or transfer these Terms without restriction.

24. Notices

Any notices or other communications provided by ThirdEar AI under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

25. Contact Information

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

ThirdEar AI, Inc. 

745 waverly St  Palo Alto CA

Email: support@thirdear.ai

By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.