Please also review our Data Processing Agreement, which is incorporated into these Terms.

Gollum AI LLC (“Company”, “we”, “our”, “us”) offers this application, website, and associated services (collectively, “App”) for use subject to these Terms of Use. For the purposes of these Terms of Use (“Terms”), “User” or “you” refers to any individual or entity using the App. Users may include, but are not limited to, business professionals, teams, and individual users.

Your use of this App constitutes your agreement to all associated Terms. By using the App, you represent that you are lawfully able to enter into contracts and that you are at least 18 years of age. Please read the following Terms carefully and keep a copy for your records.

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App Overview

The App provides AI-powered recording and note-taking tools for meetings and conversations. It offers features for Users to record audio, generate transcriptions, create meeting summaries, and access key highlights without the need for third-party meeting participants or bots. The App includes functionality for Users to download recordings and transcripts, and search through past meetings. 

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Account Creation and Management

Users may create an account to use the App. All Users must be at least 18 years old to create and manage their own account. Users must provide accurate, current, and complete information during the registration process and keep this information updated. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account, even if such activities are not authorized by the account holder. This responsibility includes all recordings, transcriptions, and meeting summaries generated through their account. Users must immediately notify Company of any unauthorized use or security breach. Company reserves the right to suspend or terminate accounts at its sole discretion. Users are prohibited from transferring their accounts to any other person or entity.

Users are solely responsible for ensuring that their use of the App complies with all applicable data protection, privacy, and recording laws, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and all applicable state, federal, and international privacy regulations. By using the App, Users represent and warrant that they: (i) Obtain clear, informed consent from all individuals before recording, transcribing, storing, or sharing any conversation or meeting using the App, where required by law; (ii) Understand that recording without proper consent may be illegal, and it is solely the user’s responsibility to comply with all applicable recording and privacy laws; (iii) Will not collect, store, or share sensitive personal data, such as financial information, government IDs, health records, or children’s data, in violation of applicable laws; (iv) Acknowledge that the Company does not monitor, verify, or control the content Users record or process and bears no liability for any claims arising from unauthorized or unlawful data collection; (v) Are responsible for ensuring their compliance with their organization’s data retention, deletion, and security policies; and (vi) Will indemnify, defend, and hold the Company harmless from any claims, fines, or penalties resulting from a User’s failure to comply with data protection laws or obtain proper consent. If a User is subject to special industry regulations, such as HIPAA, GLBA, or FINRA, they acknowledge that the Company is not a regulated entity and that the App does not provide compliance with such laws. Users must not use the App to process regulated data unless they independently ensure full compliance. In the event of a suspected data breach affecting personal data collected through the App, the Company will notify Users as required by applicable law. However, Users acknowledge that no system is entirely secure, and the Company is not liable for unauthorized access, data loss, or third-party breaches except as required by law.

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Plans and Pricing

The App is currently available with a free plan. Additional plan and pricing information for the App will be listed on the App and/or Company’s website. Any additional payment terms displayed when selecting a plan are binding. Company reserves the right to modify its pricing structure at any time, with notice provided to active Users before any price changes take effect.

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Intellectual Property

Company retains all right, title, and interest in and to the App and its AI technology, including all related intellectual property rights. This includes, but is not limited to, the software, user interface designs, architecture, modifications, enhancements, updates, documentation, and AI processing methods. Users retain ownership of their original content and hereby grant Company a perpetual, worldwide, non-exclusive license to process, use, store, and analyze such content as necessary for the App’s functionality. Users warrant that they have all necessary rights and permissions for any content or intellectual property they use through the App. All transcriptions, summaries, highlights, and other AI-generated outputs are the intellectual property of Company. Users are strictly prohibited from: (i) modifying, creating derivative works, decompiling, reverse engineering, disassembling, or otherwise attempting to derive source code from the App; (ii) bypassing, disabling, or interfering with any security features, access controls, or technical limitations implemented in the App; (iii) using the App or its outputs to develop, train, or improve any competing AI model, transcription tool, or similar service; or (iv) redistributing, reproducing, sublicensing, or commercially exploiting any AI-generated content provided through the App without express written consent from Company. Company grants Users a limited, non-exclusive, non-transferable, and revocable license to use the App and its AI-generated content solely for their personal or internal business purposes as outlined in these Terms. This license may be revoked at any time at Company’s sole discretion. Users may share recordings, transcriptions, summaries, and other AI-generated content with meeting participants, but may not share, sell, or distribute the App’s functionality or AI capabilities to third parties. No rights or licenses are granted to Users except as expressly set forth herein. Any use of Company’s intellectual property beyond the scope of this license is strictly prohibited and may result in termination of the User’s account and potential legal action. This Section shall survive the termination of these Terms.  

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Force Majeure

Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, cyberattacks, telecommunications failures, government actions, war, terrorist attacks, labor shortages, power outages, or any other event outside of Company’s control that prevents or delays performance. Company shall make reasonable efforts to resume performance as soon as practicable. 

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Termination

These Terms remain in effect until terminated by either party. Company may suspend or terminate access to the App, in whole or in part, at any time, with or without cause, at its sole discretion. This includes, but is not limited to, cases where the User violates these Terms, fails to obtain required recording consents, engages in unauthorized use of AI-generated content, or participates in illegal or fraudulent activity. Company may also suspend or terminate access if continued use presents security risks, violates applicable laws or regulations, or results in regulatory exposure. If User fails to make timely payment for a paid plan, access may be suspended or terminated until payment is received. Additionally, Company reserves the right to terminate if third-party service providers discontinue or restrict services critical to the App’s functionality. If Company terminates a paid User’s access without good cause, User will receive a pro rata refund for the unused portion of the subscription. Users may terminate their account at any time by following the designated account settings process. Deleting the App does not automatically terminate these Terms, and Users remain responsible for any unpaid fees. Upon termination, all rights granted to the User immediately cease, and Company may delete all User data, including recordings and transcriptions, except where retention is required by law. Sections intended to survive termination shall survive.

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Privacy Policy

Your use of the App and website is subject to our Privacy Policy, which explains how we collect, use, store, and protect your personal data. We take reasonable security measures to safeguard User data, but no system is entirely secure. You are responsible for maintaining the security of your account, and we are not liable for unauthorized access, loss, or disclosure of data except as required by law. The App may integrate with third-party services, including analytics, advertising, and cloud storage providers. These third-party services operate under their own terms and policies, and we do not control or assume liability for their actions, security, or availability. Your interactions with these third parties are at your own risk. For full details, please review our Privacy Policy.

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Electronic Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that Company provides electronically, via email and on the App or website, satisfy any legal requirement that such communications be in writing. 

The App and website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company.

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Use of Communication Services

The App may provide various ways for Users to communicate with Company regarding technical support, feature requests, or other service-related matters. When communicating with Company, Users agree to: (i) Communicate professionally and respectfully; (ii) Not share information unrelated to the services provided by the App; and (iii) Not distribute any content that is unlawful, offensive, or infringes on intellectual property rights. Company reserves the right to review and remove any communications at its discretion but has no obligation to. While Company does not actively monitor all communications, it may disclose information if required by law or to protect the rights of Users or the public. Users are advised to exercise caution when sharing information. Company disclaims liability for any actions resulting from these communications.

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Warranties and Disclaimers

  1. General Disclaimer and Limitation of Warranties: THE APP AND ALL SERVICES PROVIDED BY COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (II) THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (III) REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY TRANSCRIPTIONS, SUMMARIES, OR OTHER CONTENT OR INFORMATION OBTAINED THROUGH THE APP; AND (IV) ANY GUARANTEE OF PERFORMANCE OR RESULTS.

  2. AI-Generated Content Disclaimer: COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF TRANSCRIPTIONS, SUMMARIES, OR OTHER AI-GENERATED CONTENT. THE APP IS AN ASSISTIVE TOOL ONLY AND DOES NOT CONSTITUTE A VERBATIM TRANSCRIPTION SERVICE. USERS ACKNOWLEDGE AND AGREE THAT: (I) THE APP’S TRANSCRIPTIONS, SUMMARIES, AND OTHER OUTPUTS ARE GENERATED THROUGH AI TECHNOLOGY AND MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES; (II) USERS ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ANY AI-GENERATED CONTENT FOR ACCURACY AND COMPLETENESS; (III) USERS SHOULD NOT RELY ON THE APP’S OUTPUTS AS THE SOLE RECORD OF ANY MEETING OR CONVERSATION; AND (IV) USERS ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN BASED ON THE APP’S OUTPUTS. BY USING THE APP, USERS EXPLICITLY AGREE TO HOLD COMPANY HARMLESS FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THEIR USE OF THE APP OR ANY DECISIONS MADE BASED ON INFORMATION PROVIDED THROUGH THE APP.

  3. Regulatory Compliance Disclaimer: USERS ACKNOWLEDGE AND AGREE THAT THE APP IS NOT DESIGNED OR INTENDED TO ENSURE COMPLIANCE WITH ANY SPECIFIC LEGAL, FINANCIAL, MEDICAL, OR INDUSTRY REGULATIONS, INCLUDING BUT NOT LIMITED TO HIPAA, GDPR, CCPA, GLBA, FINRA, OR OTHER APPLICABLE LAWS. USERS ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THEIR USE OF THE APP COMPLIES WITH ANY LEGAL OR REGULATORY OBLIGATIONS APPLICABLE TO THEM. THE APP AND ITS AI-GENERATED OUTPUTS ARE PROVIDED AS AN ASSISTIVE TOOL AND DO NOT CONSTITUTE LEGAL, FINANCIAL, MEDICAL, OR PROFESSIONAL ADVICE. USERS SHOULD CONSULT APPROPRIATE PROFESSIONALS BEFORE RELYING ON ANY CONTENT PRODUCED BY THE APP. IF A USER IS SUBJECT TO SPECIFIC COMPLIANCE OBLIGATIONS, THEY AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING THEIR OWN ADHERENCE TO SUCH LAWS AND REGULATIONS.

  4. Third-Party AI Disclaimer: THE APP MAY INCORPORATE THIRD-PARTY ARTIFICIAL INTELLIGENCE (AI) MODELS, MACHINE LEARNING TECHNOLOGIES, OR EXTERNAL INTEGRATIONS THAT ARE NOT OWNED, DEVELOPED, OR CONTROLLED BY THE COMPANY. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, LEGALITY, SECURITY, OR COMPLIANCE OF THIRD-PARTY AI OUTPUTS. USERS ACKNOWLEDGE THAT RELIANCE ON ANY THIRD-PARTY AI-GENERATED CONTENT IS AT THEIR OWN RISK. COMPANY BEARS NO RESPONSIBILITY FOR ERRORS, INACCURACIES, OR LEGAL IMPLICATIONS ARISING FROM THE USE OF SUCH AI MODELS OR SERVICES. USERS REMAIN RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY AND SUITABILITY OF ANY AI-GENERATED CONTENT BEFORE RELYING ON IT.THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

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Indemnification

  1. You: You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, employees, directors, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from: (i) your breach of these Terms, including but not limited to any violation of data protection laws, privacy policies, or recording consent requirements; or (ii) your negligence, willful misconduct, or breach of law. Your liability under this indemnification shall be limited to the proportion of fault attributable to you. This indemnification obligation shall survive the termination of these Terms and your use of the App.

  2. Company: Company will indemnify, defend, and hold harmless User from third-party claims alleging that the App, as provided by Company, directly infringes a third party’s intellectual property rights. This indemnification is conditioned on User (i) promptly notifying Company of the claim, (ii) providing reasonable assistance, and (iii) allowing Company sole control over the defense and settlement. If such a claim arises, Company may, at its discretion: (i) modify or replace the App to avoid infringement, (ii) obtain the necessary rights for continued use, or (iii) terminate access to the infringing portion of the App with a pro rata refund for any unused prepaid fees. This indemnification does not apply to claims arising from User content, third-party integrations, unauthorized modifications, or use of the App beyond the permitted scope. Company’s liability under this indemnification obligations is limited to its proportion of fault and to direct damages only. If Company determines continued use of the App may result in liability, it may suspend or terminate affected services with notice.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, COMPANY’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY, IF ANY. COMPANY SHALL NOT 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, EVEN IF COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

FOR THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS COVERED UNDER THE COMPANY’S INDEMNIFICATION OBLIGATIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY. FAILURE TO FOLLOW THE INDEMNIFICATION PROCEDURE OUTLINED IN THESE TERMS MAY LIMIT YOUR ABILITY TO RECOVER DAMAGES OR PURSUE CLAIMS AGAINST COMPANY.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LOSSES OR DAMAGES RESULTING FROM COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS.

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Governing Law and Dispute Resolution

Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration shall take place in the State of Delaware, though you or Company may choose to participate remotely via telephone or video conference. The arbitration proceedings and outcome shall be confidential. Discovery shall be permitted in accordance with the AAA’s Consumer Arbitration Rules. Fees shall be paid according to AAA Consumer Rules. The arbitrator may reallocate costs and fees, including attorneys’ fees, in their final award. If the arbitrator determines that your claims are frivolous, you may be required to reimburse Company for fees and costs.

YOU AND COMPANY AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION OR OTHER GROUP PROCEEDING. YOU HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS A CLASS REPRESENTATIVE OR AS A MEMBER OF A CLASS. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. The arbitrator’s award shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.

You have the right to opt out of this agreement to arbitrate and class action waiver within 30 days of first using the App’s services by sending written notice to Company by mail, to the physical address, or by email, to the email address, provided in the Contact Us Section of these Terms stating your intent to opt out.

Notwithstanding the foregoing, (i) either party may seek injunctive or equitable relief in a court of competent jurisdiction, and (ii) either party may bring small claims in a court of competent jurisdiction. This Section survives termination of these Terms or your relationship with Company.

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Severability

If any provisions of these Terms or any application of such provision to any party or circumstances, shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of the Terms or the application of such provision to such person or circumstances, other than the application as to which such provision is determined to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and shall be enforced to the fullest extent permitted by law.

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Entire Agreement and Updates

These Terms constitute the entire agreement between you and Company regarding your use of the App. Company reserves the right, in its sole discretion, to modify or replace these Terms at any time. Company will make reasonable efforts to notify Users of any significant changes to these Terms. The most current version of the Terms will supersede all previous versions. Your continued use of the App after any changes to the Terms constitutes your acceptance of such changes. Company encourages you to review the Terms periodically for any updates or changes.

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Contact Us

Company welcomes your questions or comments:

Gollum AI LLC

1111B S Governors Ave STE 26713, Dover, DE 19904

legal@gollumassistant.com

Effective as of: February 14 2024