Krisp AI

"- Use Krisp in any manner that could disable, overburden, damage, or impair Krisp or interfere with any other party’s use of Krisp, including their ability to engage in real time activities through Krisp;"

"- Use any manual process to monitor or copy any of the material on Krisp or for any other unauthorized purpose without our prior written consent;"

"**Class Action Waiver. YOU AND COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Company each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638**."

"Exclusions; Venue. Notwithstanding the agreement to resolve all disputes through arbitration, you or Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Company may also seek relief in small claims court for Claims within the scope of that court’s jurisdiction. In the event that the arbitration provisions above are found not to apply to you or to a particular Claim, either as a result of your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Santa Clara County, California. You and Company agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use or your use of Krisp or the Site in the event that the arbitration provisions are found not to apply. In such a case, should Company prevail in litigation against you to enforce its rights under the Terms of Use, Company shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Company may be entitled."

"**Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR COMPANY WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR COMPANY MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED**. “Commencing” means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by Company to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to Krisp or the Site, intellectual property rights of Company, and/or Company’s provision of Krisp or the Site."

"All references to “you” and “your” in these Terms mean the person accepting these Terms as an individual. References herein to “you” and “your” shall also mean the entity or organization for which the representative is acting and its internal users who access or use Krisp under your subscription and with whom you have an employment, contractor, or agency relationship or otherwise provided access to your subscription (collectively, “ **Authorized Users**”). Certain provisions of these Terms may apply only to specific service tiers — for example, some provisions apply only to Krisp’s paid services that are not on Business tier (“ **Pro Services**”), while others may apply only to Business-tier customers. These tier-specific provisions are clearly identified throughout the Terms."

"Krisp may be made available to you on a free trial basis for a limited period beginning on the date you create a trial Account (“ **Trial Period**”). During the Trial Period you may access and use Krisp without charge. Unless you purchase a paid subscription before the end of the Trial Period, the Trial Period will automatically expire, and all access to Krisp will immediately cease. You may not use Krisp after the Trial Period expires unless and until a paid subscription has been activated. Upon expiry of the Trial Period, you will retain access to Your Content for a period of ninety (90) days solely for the purpose of exporting Your Content (“ **Post-Trial Access Period**”). During the Post-Trial Access Period, you may not have access to the full functionality of Krisp. At the end of the Post-Trial Access Period, the Company may delete your Account and Your Content in accordance with our Privacy Policy, data-retention practices, unless prohibited by applicable law. You are solely responsible for exporting Your Content during Post-Trial Access Periodand we take no responsibility for any of Your Content that is lost, damaged, or deleted after the Post-Trial Access Period. The Company may determine your eligibility for any trial offer at its sole discretion and may modify, suspend, or terminate any Trial Period at any time to prevent misuse. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS” SECTION AND “COMPANY INDEMNIFICATION” SECTION BELOW, KRISP IS PROVIDED “AS-IS” DURING THE TRIAL PERIOD WITHOUT ANY WARRANTY OR SERVICE LEVEL COMMITMENTS AND COMPANY SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO USE OF KRISP DURING THE TRIAL PERIOD UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER"

"You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when Company has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to Company or Company’s authorized reseller, as applicable. If all or any part of any payment owed to Company under these Terms is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to Company of the amounts otherwise payable under these Terms. Company may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next subscription term. Company will provide written notice to you (or, if you have purchased through an authorized reseller, notice to the reseller) for any changes to the fees that affect the Krisp subscription purchased by you. Your continued use of Krisp after the price change becomes effective constitutes your agreement to pay the changed amount."

"Our Obligations Over Your Content.  Company will maintain reasonable and appropriate physical and technical safeguards to prevent unauthorized disclosure of or access to Your Content. Company will notify you if it becomes aware of an unauthorized disclosure or unauthorized access to Your Content. We do not monitor, or sell Your Content for any purpose. We do not control how Your Content is processed. Only if you opt to get summaries of your meeting transcripts will we share your meeting transcripts with an authorized third-party service provider in order to provide AI-generated meeting summaries to you, in which case your use of Krisp will also be subject to such third-party terms. The list of our current authorized third party service providers under these Terms is available [here](https://krisp.ai/privacy-for-humans/#where-does-your-data-go-outside-of-krisp). Company will ensure that any sharing of Your Content with an authorized third party service provider will be in compliance with applicable laws. Company has no other obligations with respect to Your Content."

"Your Responsibilities, Acknowledgement, and Consents. You agree that you are solely responsible for Your Content sent, uploaded, displayed, or transmitted in the use of Krisp, including its accuracy, and for compliance with all laws pertaining to Your Content. Company may provide features that allow you to transcribe and/or record individual conversations. You, not Company, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Your Content including, without limitation, your compliance with all applicable Recording Laws. You represent and warrant that you have all rights and/or consents necessary to provide  Your Content to Company as contemplated hereunder, in each case without any infringement, violation or misappropriation of any third party rights (including, without limitation, intellectual property rights and rights of privacy). Based on your instructions, we may send meeting recap emails to meeting participants after each meeting session and you will have the option to disable such functionality from your Account settings at any time. Under no circumstances will Company be liable in any way for (i) Your Content that is transmitted or viewed while using Krisp, (ii) errors or omissions in Your Content, or (iii) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Your Content. Company may delete any of Your Content, at any time without notice to you, if Krisp becomes aware that it violates any provision of these Terms or any applicable law."

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

"We reserve the right to withdraw or change Krisp, and any content, features, functionality, and services we provide on Krisp, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of Krisp is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of Krisp at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of Krisp to you."

"You accept full responsibility for any reliance on the accuracy, completeness, or usefulness of AI Outputs. You agree that Company will not be liable for any loss or damages arising from or related to AI Outputs and shall defend, indemnify and hold harmless Company with respect to any claims, damages or liability related thereto. Notwithstanding anything to the contrary, the warranties and indemnities provided by Company in this Agreement do not apply with respect to AI Outputs."

"The information presented on or through Krisp and/or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of Krisp and/or the Site, or by anyone who may be informed of any of its contents."

"You acknowledge and agree that artificial intelligence or machine learning algorithms, programs or other models, including any large language model, developed or operated by a third party service provider used in connection with Krisp (“ **Third-Party Models**”) are not developed by Company. Company does not control or influence the training of Third Party Models, and is unable to guarantee the suitability, accuracy, availability, quality, security, legality and reliability of Third Party Models. Customer agrees that Company will not be liable for any loss or damages arising from or related to Third-Party Models and shall defend, indemnify and hold harmless Company with respect to any claims, damages or liability related thereto. Third-Party Models may be subject to additional terms and conditions and Customer is solely responsible for complying with such terms and conditions where presented to Customer through Krisp. Notwithstanding anything to the contrary, the warranties and indemnities provided by Company in this Agreement do not apply with respect to Third-Party Models."

"WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT DURING THE TRIAL PERIOD: (A) YOUR USE OF KRISP WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF KRISP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) DATA PROVIDED THROUGH KRISP WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, YOU SHALL BE FULLY LIABLE UNDER THESE TERMS TO COMPANY AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF YOUR USE OF KRISP DURING THE TRIAL PERIOD, ANY BREACH BY YOU OF THIS AGREEMENT AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER."

"Company Warranties. Company warrants that during an applicable subscription term (a) these Terms and the documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of  Your Content, (b) Company will not materially decrease the overall security or functionality of Krisp, and (c) Krisp will perform materially in accordance with the applicable documentation. For any breach of a warranty above, Customer’s exclusive remedies are those described in the “Termination” and “Refunds” sections above."

"Disclaimers. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF KRISP OR ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE ( EACH, A “ **PAGE**”) LINKED TO IT. EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOUR USE OF KRISP, ITS CONTENT, FEATURES, FUNCTIONALITY, INCLUDING WITHOUT LIMITATION FUNCTIONALITIES ENABLED BY THIRD PARTY SERVICE PROVIDERS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP IS AT YOUR OWN RISK. KRISP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO KRISP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. "