Terms of Use

1. Introduction

Welcome to AI Note Taker, a mobile application designed and operated by SparkGenius AI, Inc. ("Company," "we," "us," or "our"). This section outlines the Terms of Use that govern your access to and use of our services ("Services"). By using our Services, you agree to comply with and be bound by these Terms.

1.1 Scope of Services

Our Services are provided exclusively via the iOS version of the AI Note Taker mobile application. The Services include, but are not limited to:

• Audio Recording: Local mobile voice recording and online meeting recording. Our AI Meeting Assistant currently supports Zoom, Microsoft Teams, and Google Meet. This includes support for single or multiple concurrent recording sessions based on your specific plan (Free Plan or Pro Plan).
• Visual Data Capture: The use of your mobile device's camera to take photos of materials (such as whiteboards, slides, or documents) during the recording process.
• AI Analysis: Generation of transcriptions, summaries, and actionable insights based on captured audio.
• AI Chat: Interactive artificial intelligence dialogue features related to your recordings.

1.2 Account Access

AI Note Taker is designed for the Apple ecosystem. To ensure security and seamless integration, access to the Services is provided exclusively through Apple ID authorization (Sign in with Apple). By using the Service, you acknowledge that your account is tied to your Apple ID and subject to Apple's security protocols.

1.3 Agreement Documents

Your agreement with us consists of two key documents:

• These Terms of Use
• Our Privacy Policy

Together, these documents are referred to as the "Agreements." It is crucial that you read, understand, and agree to both documents before using our Services.

1.4 Privacy Policy

Our Privacy Policy is an integral part of your agreement with us. It details how we collect, use, store, and protect your information, including your audio recordings, AI-generated content, and images captured via your camera. You can find our full Privacy Policy at https://www.meetingnotetaker.ai/privacy_policy. We strongly encourage you to review this document carefully.

1.5 Acceptance of Terms

By accessing or using our Services, you acknowledge that:

• You have read and understood these Terms of Use and our Privacy Policy;
• You agree to be bound by the Agreements;
• You are legally capable of entering into a binding contract under applicable laws.

1.6 Disagreement with Terms

If you do not agree with (or cannot comply with) our Agreements, you may not use the Service. However, we value feedback and are open to finding solutions. If you have concerns, please contact us at info@meetingnotetaker.ai before deciding not to use our Services.

1.7 Applicability

These Terms apply to all visitors, users, and others who access or use our Service on iOS devices.

1.8 Updates to Terms

We may update these Terms from time to time to reflect changes in our technology (including AI model updates), legal obligations, or Service features. Continued use of our Services after such changes constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

2. Communications

2.1 Types of Communications

By using our Service, you acknowledge and agree that we may communicate with you through the following channels:

• Email: We send essential service notices to the email address you authorize Apple to share with us. These may include service updates, subscription billing information, security alerts, and newsletters.
• Push Notifications: We may send real-time alerts to your device to facilitate service operation (e.g., notifying you if the Meeting Assistant fails to join a meeting), significant service upgrades, feature adjustments, or special offers.
• Marketing Materials: Promotional content regarding new tools, or limited-time offers.

2.2 Consent to Receive Communications

Your use of our Service constitutes consent to receive these communications. We strive to ensure that our communications are relevant to your experience and help you maximize the utility of our AI transcription and insight tools.

2.3 Opting Out

We respect your preferences regarding non-essential communications. You may manage your communication preferences as follows:

• Emails: Each promotional email we send includes an "unsubscribe" link at the bottom. You may use this link to opt out of marketing newsletters at any time.
• Direct Contact: You may contact us at info@meetingnotetaker.ai to request removal from our promotional mailing lists.

2.4 Essential Communications

Please note that even if you opt out of marketing communications, we will still send you essential service-related messages. These include, but are not limited to:

• Critical security updates regarding your data;
• Significant changes to these Terms of Use or our Privacy Policy;
• Information regarding your subscription status or payment issues processed through Apple Pay.

As these communications are necessary for the secure and legal operation of the Service, you cannot opt out of receiving them as long as you maintain an active account.

2.5 Changes to Communication Preferences

You can update your contact preferences at any time. Given that our Service relies on Apple ID for authentication, please ensure your Apple ID contact information is current to receive these essential notices.

3. Purchases and Payments

3.1 In-App Purchases and Plan Models

AI Note Taker offers a "freemium" service model. Registered users may access limited features via our Free Plan at no cost. To access enhanced features—including longer duration per recording session, support for multiple concurrent meeting recordings, and increased monthly allowances for transcription, AI insights, and AI chat—you may purchase a Pro Plan subscription. All purchases are conducted exclusively as In-App Purchases (IAP) through the Apple App Store. If you change devices or reinstall the App, you can use the 'Restore' button to regain access to your active Pro Plan.

3.2 Payment Processing via Apple Pay

By selecting a Pro Plan or making any other purchase, you agree to pay the fees indicated for that service. All financial transactions are processed exclusively through Apple Pay. SparkGenius AI, Inc. does not directly collect, store, or process your credit card or bank account information; all such data is managed securely by Apple according to Apple's Privacy Policy and Media Services Terms and Conditions.

3.3 User Representations and Warranties

By completing a purchase through your Apple ID, you represent and warrant that:

• You are the authorized holder of the Apple ID used for the transaction;
• You have the legal right to use the payment method associated with your Apple ID;
• All information provided to Apple for billing purposes is true, complete, and accurate.

3.4 Third-Party Terms

Because our payment system is integrated with the iOS ecosystem, your purchase is subject to Apple's Media Services Terms and Conditions. You acknowledge that Apple is a third-party beneficiary of these Terms regarding your payment and subscription.

3.5 Pricing and Availability

The specific pricing, features, and usage limits for the Pro Plan are displayed on the subscription page within the app. We reserve the right to modify our plan structures or adjust pricing at any time. Any price changes will be updated on the in-app subscription page and will apply to the next billing cycle following the change.

3.6 Order and Subscription Refusal

We reserve the right to refuse or cancel your subscription at our sole discretion for reasons including, but not limited to: technical errors in pricing, suspected fraudulent activity, or violation of these Terms of Use.

3.7 Refunds and Billing Disputes

SparkGenius AI, Inc. does not have the technical or legal authority to issue refunds directly. Because all payments are managed by Apple, any refund requests or billing disputes must be directed to Apple Support. To request a refund, please follow Apple's official procedure at https://reportaproblem.apple.com. Refunds are governed by Apple's policies and are not guaranteed by the Company.

4. Contests, Sweepstakes, and Promotions

4.1 Separate Rules

Any contests, sweepstakes, or other promotional activities (collectively, "Promotions") made available through the Service may be governed by specific rules that are separate from these Terms of Use. It is your responsibility to review the specific rules applicable to any Promotion before participating.

4.2 Apple as Non-Sponsor

For the avoidance of doubt, any Promotions offered within the AI Note Taker iOS application are sponsored solely by SparkGenius AI, Inc. or its designated partners. Apple Inc. is not a sponsor of, and is not involved in any manner with, any Promotions conducted through this Service. All prizes and rewards are the sole responsibility of the Company.

4.3 Participant Eligibility

If you choose to participate in a Promotion, you must comply with all eligibility requirements, which may include age or residency restrictions within the United States or other applicable jurisdictions.

4.4 Conflict of Terms

In the event of a conflict between the specific rules of a Promotion and these Terms of Use, the Promotion's specific rules will take precedence only in relation to that Promotion.

5. Subscriptions

5.1 Free Plan (Monthly Allowance)

Upon registering an account via Apple ID, users are automatically enrolled in the Free Plan and granted a limited quota of free service usage each month (the "Free Monthly Allowance").

• Basic Features: The Free Plan includes a basic duration limit per recording session, support for only one (1) meeting recording at a time, and basic monthly allowances for transcription, AI insights, and AI chat.
• Reset Cycle: The Free Monthly Allowance resets at the beginning of each billing cycle. Unused portions of the allowance do not carry over to the next month.
• Adjustments: SparkGenius AI, Inc. reserves the right to adjust the specific volume and features included in the Free Plan (as displayed on the in-app subscription page) at its sole discretion.

5.2 Pro Plan (Subscription Services)

To access usage beyond the Free Plan, you may purchase a Pro Plan. This plan provides:

• Enhanced Capabilities: Longer maximum duration per recording session and support for multiple concurrent meeting recordings.
• Increased Allowances: Significantly higher monthly quotas for transcription minutes, AI-generated insights, and AI chat interactions compared to the Free Plan.
• Plan Details: The specific limits and current pricing for the Pro Plan are detailed on the in-app subscription page.
• Billing: Pro Plan subscriptions are billed on a recurring monthly basis.

5.3 Automated Renewal

All Pro Plan subscriptions will automatically renew at the end of each billing cycle to ensure uninterrupted service.

• Charges: Your Apple ID account will be automatically charged the then-current subscription fee at the end of each billing cycle.
• Cancellation Window: To prevent automatic renewal, you must cancel the subscription manually at least 24 hours before the end of the current subscription period.

5.4 Subscription Management and Cancellation

You have full control over your subscription status. You may manage or cancel your Pro Plan at any time through your iOS Device Settings (Settings > [Your Name] > Subscriptions).

• Effect of Cancellation: If you cancel your subscription, you will continue to have access to Pro Plan features until the end of your current billing cycle, after which your account will revert to the then-current Free Plan.

5.5 Usage Tracking

The AI Note Taker app provides a real-time display of your current usage relative to your Free Plan or Pro Plan limits (e.g., remaining transcription minutes, used AI insight quota, and used AI chat quota). You are responsible for monitoring your usage to avoid service interruptions.

6. Fee Changes

6.1 Right to Modify Fees

SparkGenius AI, Inc. reserves the right to modify subscription fees for the Pro Plan at any time. This includes adjusting the pricing for current plans or introducing new subscription tiers.

6.2 Notification of Changes

Any change in subscription fees will be communicated to you through one or more of the following channels:

• Push Notifications: A system-level or in-app push notification sent to your iOS device.
• In-App Notice: An announcement displayed on the subscription page or the main dashboard of the app.
• Email: A notification sent to the email address associated with your Apple ID.

You are responsible for checking the app and your email periodically for such updates.

6.3 Effective Date of Changes

Any fee changes will take effect at the beginning of the next billing cycle following the notification. This ensures you will not be charged a new rate until your next renewal date.

6.4 Acceptance of New Fees

Your continued use of the Pro Plan after a fee change becomes effective constitutes your acceptance of the new fee. If you do not agree with the fee changes, you must cancel your subscription via your iOS settings at least 24 hours before the next billing cycle begins.

6.5 Apple's Role in Price Changes

For subscriptions processed through the App Store, Apple may also require your explicit consent for certain price increases or send separate system-level notifications according to Apple's App Store policies.

7. Refunds

7.1 General Policy

Except as required by law or as otherwise set forth in these Terms, all subscription fees and in-app purchases made through Apple Pay are non-refundable. Since our Service provides immediate access to digital features (including AI-generated content and allowances), we generally do not offer refunds for partially used subscription periods.

7.2 Apple's Refund Policy and Processing

AI Note Taker is an iOS-exclusive application, and all financial transactions are managed and processed by Apple Inc. via the App Store. In accordance with Apple's Media Services Terms and Conditions, all refunds are at the sole discretion of Apple. SparkGenius AI, Inc. does not directly process payments or issue refunds. Any request for a refund must be submitted directly to Apple Support at https://reportaproblem.apple.com.

7.3 How to Request a Refund

If you believe you are entitled to a refund (e.g., due to an accidental purchase or technical failure), you must follow Apple's standard procedure:

1. Navigate to https://reportaproblem.apple.com;
2. Sign in with your Apple ID;
3. Locate the AI Note Taker subscription or purchase;
4. Select "I'd like to request a refund" and provide the necessary details.

7.4 Subscription Cancellation vs. Refund

Please note that canceling a subscription does not automatically trigger a refund for the current billing cycle.

• Upon cancellation, you will continue to have access to Premium features until the end of your current paid month.
• No pro-rated refunds will be provided by the Company for the remaining days of a billing cycle after cancellation.

7.5 Exceptional Circumstances

If you reside in a jurisdiction where local law mandates a specific refund period (such as certain U.S. states or international jurisdictions), those statutory rights will apply. However, such refunds must still be processed through the Apple App Store interface as described in Section 7.3.

8. User Content and AI-Generated Outputs

8.1 User Content Definition

"User Content" refers to any data or materials you capture, upload, or transmit through the Service, including:

• Audio Data: Voice recordings from local environments or digital meetings held on platforms such as Zoom, Microsoft Teams, and Google Meet (captured via our AI Meeting Assistant).
• Visual Data: Images or photos captured via the App's camera feature.
• AI Outputs: Transcriptions, summaries, insights, and AI chat logs generated based on your inputs.
• Public Contributions: Feedback, reviews, or testimonials you provide regarding the Service.

8.2 Your Responsibility and Content Monitoring

You are solely responsible for the legality, reliability, and appropriateness of all User Content. While we are not obligated to monitor User Content, we reserve the right (but not the obligation) to review, flag, or remove content that we believe violates these Terms or applicable law. By using the Service, you waive any expectation of privacy regarding User Content processed for the purposes of providing the Service, as further detailed in our Privacy Policy.

8.3 MANDATORY COMPLIANCE WITH RECORDING LAWS

THIS IS A CRITICAL LEGAL OBLIGATION.

Recording laws regarding oral and electronic communications vary by jurisdiction (e.g., "One-Party Consent" vs. "All-Party Consent" states like California, Florida, and Illinois).

• Your Duty: You represent and warrant that you have obtained all legally required consents from ALL participants (both in-person and on digital platforms like Zoom) before commencing any recording.
• The AI Meeting Assistant: You acknowledge that the presence of an "AI Note Taker Meeting Assistant" in a digital meeting may serve as notice, but it does not relieve you of your primary legal obligation to ensure every participant has consented to being recorded and transcribed.
• Indemnification: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD SPARKGENIUS AI, INC. HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, FINES, OR LEGAL ACTIONS ARISING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE WIRETAPPING AND PRIVACY LAWS.

8.4 CONSENT FOR VOICE ANALYSIS AND BIOMETRIC DATA

To provide speaker identification (diarization) features, our Service uses Microsoft Azure to analyze voice characteristics and create transient voice templates.

• Authorization: By enabling recording or transcription, you expressly authorize SparkGenius AI, Inc. to perform this analysis on your voice and the voices of all participants in your recorded sessions.
• Represented Consent: You represent that you have the authority to provide this consent on behalf of all participants being recorded.
• Retention: As specified in our Privacy Policy, these voice templates are transient and deleted immediately after the speaker attribution process is complete.

8.5 SERVICE IMPROVEMENT AND OPTIMIZATION

To provide, maintain, and improve the accuracy of our Services (such as increasing transcription precision and reducing AI hallucinations), you grant SparkGenius AI, Inc. a worldwide, non-exclusive, royalty-free license to:

1. Service Operation: Use, host, store, and process User Content solely to generate the AI outputs you request. This includes sharing data with our third-party sub-processors (e.g., OpenAI, Microsoft Azure) under strict confidentiality agreements.

8.6 AI OUTPUT DISCLAIMER (ACCURACY & HALLUCINATIONS)

THE SERVICE RELIES ON ARTIFICIAL INTELLIGENCE. AI-GENERATED OUTPUTS ARE PROVIDED FOR CONVENIENCE ONLY.

• No Guarantee: SparkGenius AI, Inc. does not guarantee the accuracy, completeness, or reliability of any transcription or summary. AI may produce inaccurate or misleading information ("hallucinations").
• No Professional Advice: The Services and AI-generated outputs (including but not limited to summaries and AI chat responses) do not constitute, and are not a substitute for, legal, medical, financial, or other professional advice. SparkGenius AI, Inc. is not a provider of professional services, and you must independently verify all AI-generated information with a qualified professional before relying on it for any purpose.
• Not an Official Record: The Services are not intended to be used as evidence in legal proceedings or as an official record of any government or regulated entity. These outputs should not be treated as official, legally binding, or certified meeting minutes or transcripts. SparkGenius AI, Inc. disclaims all liability for any reliance placed on the Services for such high-stakes or regulated purposes.

8.7 DATA DELETION AND PERSISTENCE

• User Deletion: You may delete your recordings and transcriptions at any time. Deleted content will be removed from our active production servers within thirty (30) days.

9. Prohibited Uses

You agree to use our Service only for lawful purposes and in accordance with these Terms. You are strictly prohibited from using the Service in the following ways:

1. Violation of Laws: In any way that violates any applicable federal, state, local, or international law or regulation, particularly those relating to the recording of oral or electronic communications.
2. Exploitation of Minors: For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. Unsolicited Materials: To transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
4. Impersonation: To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
5. Infringement of Rights: In any way that infringes upon the rights of others, or is in any way illegal, threatening, fraudulent, or harmful, including the unauthorized use of the camera to capture private or sensitive visual data.
6. Interference with Service: To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service.
7. Technical Attacks: Attempting to disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
8. Automated Access: Using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service or scraping AI-generated outputs.
9. Malicious Code: Introducing any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
10. Unauthorized Access: Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
11. Reverse Engineering AI: Attempting to decompile, reverse engineer, or otherwise derive the source code or proprietary algorithms of the AI technologies used within the Service.
12. Falsification of Records: Using the Service to record, transcribe, or summarize content for the purpose of creating fraudulent records, deepfakes, or misleading documentation.

10. Age Restrictions and User Eligibility

10.1 Minimum Age Requirement

The AI Note Taker application and its Services are intended for use solely by individuals who are at least eighteen (18) years old. Access to or use of our Services by anyone under the age of 18 is strictly prohibited.

10.2 User Representations

By downloading, accessing, or using AI Note Taker, you affirm that you are at least 18 years of age and have the legal capacity to enter into this binding agreement.

10.3 Compliance

We do not knowingly target or collect data from minors. If we become aware that a user is under 18, we reserve the right to terminate their access and delete their data immediately without prior notice.

10.4 Responsibility

Users are responsible for ensuring that they do not allow minors to access the Services through their Apple ID or device.

11. Accounts

11.1 Account Creation and Eligibility

• You must be at least 18 years old to use our Service.
• Authentication: Accounts are created and accessed exclusively through Apple ID Authorization (Sign in with Apple).
• By creating an account, you confirm that all information provided via your Apple ID profile is accurate and current.

11.2 Account Security

• You are responsible for maintaining the confidentiality of your Apple ID and the security of your iOS device.
• You agree to accept responsibility for all activities occurring under your account, including all recordings made and subscriptions purchased.
• Notify Apple Support immediately of any unauthorized use of your Apple ID, and notify us if you suspect your account data within AI Note Taker has been compromised.

11.3 Account Tiers and Status

Your account status is determined by your chosen tier:

• Free Plan: All registered Apple ID users receive a limited monthly allowance of free AI services.
• Pro Plan: Paid subscribers receive expanded access and additional concurrent recording capabilities. Your subscription status is managed via your Apple ID and processed through Apple Pay.

11.4 Content and Usage

You may record audio, and capture images for AI processing. We reserve the right to remove or edit any content that violates our terms or is deemed inappropriate.

11.5 Account Termination

• We may suspend or terminate accounts for violations of these terms, provision of inaccurate information, or at our sole discretion.
• You may terminate your account by discontinuing use of our Service and canceling your subscription via your iOS settings.
• Subject to the data retention and de-identification policies described in our Privacy Policy, your right to access and use the Service (including access to saved recordings) will cease immediately upon account termination. The Company is not responsible for any loss of data resulting from termination.
• Upon account deletion, all User Content (including recordings and transcriptions) will be permanently purged from our active production servers and encrypted backup systems within thirty (30) days, subject to our legal retention obligations as described in the Privacy Policy. The Company is not responsible for any loss of data resulting from termination.

11.6 Service Refusal

We reserve the right to refuse service, terminate accounts, or cancel orders (subscriptions) at our discretion, particularly in cases of suspected fraud or illegal recording.

12. Intellectual Property

12.1 Ownership

The Service, including its original software, user interface, features, and functionality (excluding raw User Content), is and will remain the exclusive property of SparkGenius AI, Inc. and its licensors.

12.2 Legal Protection

Our Service is protected by copyright, trademark, and other intellectual property laws in the United States and internationally. You may not use our trademarks, logos, or trade dress without prior written consent.

12.3 Restrictions on Use

Users may not:
Reproduce, modify, or distribute any part of our proprietary Service or AI outputs for commercial purposes without authorization.
Attempt to reverse engineer, decompile, or decode any part of our iOS software or AI logic.
Use any automated means to "scrape" data or AI-generated insights for the purpose of training competing models.

12.4 Reporting Infringement

• If you believe your intellectual property rights have been infringed upon by content within our Service, please contact us at info@meetingnotetaker.ai with details of the alleged infringement.

13. Copyright Policy

We at AI Note Taker respect intellectual property rights and take copyright infringement seriously. Our policy is to respond promptly to any claims of infringement regarding content (including audio, text, or images) processed or posted on our Service.

Reporting Copyright Infringement

If you believe your copyrighted work has been used on our Service without authorization, please:

• Email us at info@meetingnotetaker.ai.
• Use the subject line "Copyright Infringement Claim."
• Provide a detailed description of the alleged infringement as per the "DMCA Notice and Procedure" below.

Warning Against False Claims: Be aware that under Section 512(f) of the DMCA, you may be held liable for damages, including costs and attorneys' fees, if you make material misrepresentations or bad-faith claims of copyright infringement.

Repeat Infringer Policy: We reserve the right to terminate the accounts of users who are deemed to be "repeat infringers" of intellectual property rights.

14. DMCA Notice and Procedure for Copyright Infringement Claims

If you believe your copyrighted work has been infringed on our Service, you may submit a Digital Millennium Copyright Act (DMCA) notification. To ensure proper processing, please provide our Copyright Agent with the following information in writing:

• Signature: A physical or electronic signature of the copyright owner or authorized representative.
• Identification of Work: Clear identification of the copyrighted work claimed to be infringed.
• Identification of Infringing Material: The exact location or identifier within our iOS app where the allegedly infringing material is found (e.g., specific Recording ID or screenshots).
• Contact Information: Your address, phone number, and email address.
• Good Faith Statement: A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• Perjury Statement: A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Counter-Notification:

If you believe your content was removed by mistake, you may submit a counter-notice to our Copyright Agent at info@meetingnotetaker.ai including your name, identification of the removed material, and a statement consenting to the jurisdiction of the federal courts in California.

Note: Misrepresentations in your notice may result in liability for damages. If you are unsure whether material infringes your copyright, consult with a legal advisor before submitting a notice.

15. Error Reporting and Feedback

We value your input to improve AI Note Taker. You can submit feedback, error reports, or suggestions ("Feedback") toinfo@meetingnotetaker.ai. By providing Feedback, you agree to the following:

• Ownership: You grant us full and exclusive ownership rights to your Feedback. You retain no intellectual property rights or claims.
• Use of Feedback: We may use, reproduce, and implement your Feedback for any purpose, without any obligation to compensate or credit you.
• Similar Ideas: We may already have similar ideas in development. Providing Feedback does not entitle you to any rights if similar features are implemented.
• Non-Confidentiality: Your Feedback is treated as non-confidential. Do not share proprietary information.
• License Grant: If ownership transfer is not possible under law, you grant us an exclusive, worldwide, perpetual, irrevocable, sublicensable license to use the Feedback in any manner.

16. Third-Party Services, Links, and Analytics

16.1 External Links and Integrated Platforms

Our Service interacts with and provides links to third-party websites or services that are not owned or controlled by SparkGenius AI, Inc. This includes, but is not limited to, the Apple App Store, and video conferencing platforms such as Zoom, Microsoft Teams, and Google Meet.

• No Control: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
• Platform Terms: When you use our AI Meeting Assistant to record meetings on third-party platforms, you are also subject to the terms and conditions and privacy policies of those respective platforms (e.g., Zoom's Terms of Service, Microsoft's Service Agreement, or Google's Terms of Service).

16.2 Third-Party Analytics and Attribution

To improve our Service, optimize user experience, and analyze marketing performance, the App integrates professional third-party analytics and attribution tools:

• Adjust: Used for mobile attribution and marketing analysis to understand how users discover our App.
• Amplitude: Used for product analytics to understand user behavior and interaction patterns within the App.
• Data Collection: These tools collect non-content metadata (such as device identifiers, IP addresses, and app usage events) but do not access or process the content of your audio recordings or transcriptions. By using the Service, you acknowledge and agree to the data collection practices of these providers.

16.3 Disclaimer of Liability

• Use at Your Own Risk: You acknowledge and agree that accessing external links or using integrated third-party platforms is at your own risk.
• No Liability: SparkGenius AI, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
• Due Diligence: We strongly recommend that you read the terms of use and privacy policies of any third-party services or platforms you utilize in connection with our App. Further details on how these services process data can be found in our Privacy Policy.

17. DISCLAIMER OF WARRANTY

17.1 "AS IS" SERVICE.

SPARKGENIUS AI, INC. PROVIDES THE SERVICE, INCLUDING THE MOBILE APPLICATION AND ALL AI-GENERATED OUTPUTS, ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN.

17.2 AI ACCURACY DISCLAIMER.

YOU ACKNOWLEDGE THAT THE SERVICE RELIES ON ARTIFICIAL INTELLIGENCE, WHICH IS SUBJECT TO INHERENT LIMITATIONS. WE DO NOT WARRANT THAT TRANSCRIPTIONS, SUMMARIES, OR AI CHAT RESPONSES ARE ACCURATE, COMPLETE, OR RELIABLE. AI-GENERATED CONTENT MAY CONTAIN ERRORS, OMISSIONS, OR "HALLUCINATIONS." THE SERVICES ARE NOT INTENDED FOR USE IN ENVIRONMENTS WHERE ACCURACY IS CRITICAL, INCLUDING LEGAL, MEDICAL, OR REGULATORY COMPLIANCE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY AI OUTPUT BEFORE RELYING ON IT. RELIANCE ON ANY AI-GENERATED CONTENT IS AT YOUR OWN RISK.

17.3 NO GUARANTEE OF RESULTS.

SPARKGENIUS AI, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

18. LIMITATION OF LIABILITY

18.1 EXCLUSION OF DAMAGES

To the maximum extent permitted by law, in no event shall SparkGenius AI, Inc., its officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, or consequential damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of data/recordings, or errors in AI-generated content) arising out of or in any way connected with the use or inability to use the Service, regardless of the legal theory (contract, tort, or otherwise), even if we have been advised of the possibility of such damages.

18.2 CAP ON LIABILITY

Our total aggregate liability to you for any and all claims arising out of or related to these Terms or the Service shall not exceed the total amount actually paid by you to the Company for the Pro Plan or other in-app purchases during the twelve (12) months immediately preceding the accrual of the claim.

18.3 RECORDING LAW LIABILITY

You acknowledge that you are solely responsible for obtaining consent for recordings. SparkGenius AI, Inc. shall have no liability for any civil or criminal penalties arising from your violation of applicable recording and privacy laws.

18.4 INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SparkGenius AI, Inc. and its affiliates from and against any claims, damages, or costs (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

18.5 REFUNDS AND BILLING

As set forth in Section 7.2, all billing is managed by Apple Inc. SparkGenius AI, Inc. is not liable for any billing errors or refund denials by Apple.

18.6 APPLE AS THIRD-PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

19. Termination

• Company-Initiated: We reserve the right to terminate or suspend your account (Apple ID login) and access to the Service immediately, without prior notice, for any reason, including breach of Terms or illegal recording practices.
• User-Initiated: You may terminate your account at any time by discontinuing the Service and canceling your subscription via iOS settings.
• Inactivity Termination: We reserve the right to terminate your account and permanently delete all associated User Content if your account remains inactive (no login or recording activity) for a continuous period of twenty-four (24) months. You acknowledge that the Service is not intended as a permanent archiving solution. We will make a reasonable effort to notify you via your registered email address before such deletion occurs.
• Effects of Termination: Upon termination, your right to use the Service ceases immediately.
• Surviving Provisions: Terms related to Ownership, AI Training Licenses, Warranty Disclaimers, Indemnification, and Liability Limitations shall survive termination.

20. Governing Law, Arbitration, and Class Action Waiver

• Governing Law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
• Mandatory Arbitration: You and SparkGenius AI, Inc. agree that any dispute arising out of or relating to these Terms will be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
• Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class-action lawsuit or class-wide arbitration.
• Venue: Arbitration shall take place in Santa Clara County, California, unless otherwise agreed.

21. Changes to Service

• Right to Modify: We reserve the right to modify, suspend, or discontinue the iOS app or any feature (including AI models) at our sole discretion without notice.
• Availability: We do not guarantee continuous access. Maintenance or technical updates may cause temporary interruptions.
• Access Restrictions: We may limit access to certain features (e.g., camera processing or AI chat) for specific user tiers or for security reasons.

22. Amendments to Terms

• Right to Amend: We may modify these Terms at any time. Updated Terms will be effective upon posting in the app or on our website.
• Notification: We may notify you of significant changes to these Terms via push notifications or in-app announcements. However, it is your responsibility to review these Terms periodically. We recommend checking for updates monthly.
• Acceptance: Continued use of the Service after revisions constitutes your acceptance of the updated Terms.

23. Waiver and Severability

• No Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver of that right.
• Severability: If any provision is found invalid by a court or arbitrator, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

24. Acknowledgement

By using AI Note Taker via your Apple ID, you confirm that:

• You have read and understood these Terms of Service and Privacy Policy.
• You agree to be legally bound by all provisions, including the AI Training license and Arbitration agreement.
• You comply with all recording and privacy laws applicable to your use.

25. Contact Us

For support, technical issues, or privacy inquiries, please reach out to us:

• info@meetingnotetaker.ai

We aim to respond within 1-3 business days. For urgent matters regarding account security, please use the subject line "URGENT."