Terms of Service

Please review the terms governing your use of Talkscriber.

TALKSCRIBER, INC.

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1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at https://www.talkscriber.com (the "Site"), and the applications, APIs, software, models, and related services provided by Talkscriber, Inc. ("Talkscriber," "we," "us," or "our") (collectively, the "Services").

By creating an account, clicking to accept, submitting an Order Form, accessing the Services, or otherwise using the Services, you agree to these Terms and to any documents that these Terms expressly incorporate by reference and that are provided or made available to you, including the Privacy Policy, any applicable Order Form, Master Service Agreement ("MSA"), Data Processing Addendum ("DPA"), Security Exhibit, and Acceptable Use Policy.

If you do not agree, do not use the Services.

If you accept these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "you" means both you and that organization.

2. U.S.-Only Services

The Services are intended only for use in the United States through Talkscriber's standard public offering.

The Services are not offered to, and may not be used by, persons or organizations established in the European Union, European Economic Area, United Kingdom, or Switzerland, and are not intended for the routine processing of personal data subject to those jurisdictions' comprehensive privacy laws, except where Talkscriber has expressly agreed otherwise in a signed written agreement.

3. Order of Precedence

If there is a conflict among the governing documents, the following order controls:

  1. MSA
  2. Order Form
  3. DPA, solely for data-processing terms
  4. Security Exhibit, solely for security commitments
  5. these Terms
  6. Acceptable Use Policy
  7. Privacy Policy

Where these Terms conflict with the Privacy Policy on limitation of liability, disclaimers, or indemnification, these Terms control to the fullest extent permitted by law.

4. Eligibility

You must be at least 18 years old and have legal capacity to enter into these Terms.

The Services are intended for business use. The Services are not directed to children.

5. Account Registration and Security

You agree to:

  • provide accurate, current, and complete account information;
  • keep your credentials confidential and secure;
  • promptly notify us at info@talkscriber.com of any unauthorized access or suspected compromise; and
  • remain responsible for activity occurring under your account, except to the extent caused by Talkscriber's breach of these Terms.

We may suspend or terminate accounts that violate these Terms, create material legal or security risk, remain inactive for an extended period, or are used inconsistently with the U.S.-only scope of the Services.

6. Description of Services

Talkscriber provides voice AI infrastructure and workflow tools, including:

  • Omnix, an AI co-pilot that may capture and process dual-channel audio and generate transcripts, analytics, alerts, and workflow outputs;
  • Logos STT, speech-to-text products and APIs;
  • Logos TTS, text-to-speech products and APIs; and
  • Logos AI Agent, voice automation products and APIs.

Features, deployment models, support levels, and usage limits may vary by subscription tier, deployment type, and applicable Order Form.

7. Subscriptions, Fees, and Payment

7.1 Pricing and Taxes

Pricing is stated on the Site or in an applicable Order Form. We may change pricing prospectively on at least thirty (30) days' advance notice unless a different period is stated in an Order Form.

Fees are stated in U.S. dollars and exclude taxes, duties, and similar charges, which are your responsibility unless otherwise stated.

7.2 Billing

Paid subscriptions are billed in advance on a monthly, annual, or other agreed cycle.

If a payment fails, we may retry the payment method on file and may suspend access to paid features after notice if amounts remain overdue.

7.3 Auto-Renewal

Unless otherwise stated in an Order Form, paid subscriptions automatically renew for successive terms equal to the initial term unless canceled before renewal.

By purchasing a subscription, you authorize Talkscriber to charge your payment method on file for each renewal term unless you cancel in time.

You may cancel auto-renewal through your account settings, if available, or by emailing info@talkscriber.com.

For subscriptions subject to consumer automatic-renewal laws, Talkscriber will provide the disclosures, reminders, acknowledgments, and cancellation methods required by applicable law.

7.4 Refunds and Free Trials

Fees are non-refundable once paid except as required by law or expressly stated in an Order Form.

If we offer a free trial, we may convert the trial to a paid subscription at the end of the trial unless you cancel before conversion. Where required by law, we will provide advance notice before a free trial converts to a paid subscription.

8. Acceptable Use

You may not use the Services to:

  1. violate any applicable law or regulation;
  2. record, monitor, intercept, transcribe, or analyze communications without all notices, permissions, and consents required by law;
  3. collect, use, or disclose biometric identifiers or biometric information without all notices and consents required by law;
  4. submit or process data subject to EU, EEA, UK, or Swiss privacy law without Talkscriber's prior written approval;
  5. conduct unlawful surveillance;
  6. infringe intellectual property, privacy, publicity, confidentiality, or other rights;
  7. transmit malware, malicious code, or harmful content;
  8. probe, scan, reverse engineer, circumvent, or bypass security or technical restrictions, except to the extent prohibited by law;
  9. develop or benchmark a competing service without Talkscriber's prior written consent;
  10. resell, sublicense, or make the Services available to third parties except as expressly authorized;
  11. use compliance, coaching, sentiment, guardrail, or scoring features as the sole basis for legal, regulatory, employment, insurance, credit, healthcare, or financial decisions; or
  12. use the Services in any setting where failure could reasonably result in death, bodily injury, or catastrophic property damage.

Violation of this Section may result in immediate suspension or termination.

9. Recording, Audio Capture, and Biometric Compliance

9.1 Customer Primary Responsibility

If you use Omnix or any feature that captures, records, transcribes, monitors, or analyzes communications, you are primarily responsible for:

  • determining which recording, monitoring, notice, consent, employment, consumer-protection, and biometric-privacy laws apply;
  • providing all required notices;
  • obtaining all required permissions and consents before collection or processing begins;
  • configuring the Services lawfully; and
  • maintaining records sufficient to demonstrate compliance,

except to the extent applicable law imposes direct obligations on Talkscriber.

Many U.S. states require all-party consent before certain recordings. You are responsible for ensuring that all conversation participants, including third parties who are not your employees or customers, receive legally required notices and that all required consents are obtained before recording begins.

9.2 Voice-Based and Biometric Features

Certain features may process acoustic characteristics or other voice-related data that may be regulated under state biometric privacy laws, including Illinois and Texas and, depending on the functionality and use case, other state laws.

You may not enable speaker diarization, speaker recognition, voice-based analytics, or similar features unless you have obtained all notices and consents required by applicable law.

9.3 Talkscriber Compliance Tools

Talkscriber may provide configurable prompts, notices, consent gates, state guidance, feature controls, or similar tools for your convenience.

These tools assist compliance but do not replace your independent legal obligations. Talkscriber does not represent or warrant that any tool configuration is legally sufficient for your specific use case or jurisdiction.

9.4 Suspension Rights

Talkscriber may suspend recording, diarization, voice-based analytics, or related features, or suspend the affected account, if we reasonably believe your use creates material legal, regulatory, or security risk, including where required notices or consents appear to be missing, disputed, or unlawful.

10. Intellectual Property; Customer Data; De-Identified Data

10.1 Talkscriber Property

Talkscriber and its licensors retain all right, title, and interest in and to the Services, software, models, documentation, trademarks, and related intellectual property.

No rights are granted to you except those expressly granted in these Terms.

10.2 Customer Data

As between the parties, you retain all right, title, and interest in and to recordings, transcripts, prompts, documents, outputs, text, configuration data, and other materials submitted to or processed through the Services on your behalf ("Customer Data").

You grant Talkscriber a limited, non-exclusive, worldwide license to host, copy, transmit, process, display, and use Customer Data solely:

  • to provide, secure, support, maintain, and improve the Services for you;
  • to prevent fraud, abuse, and security incidents;
  • to comply with law and legal process; and
  • to create and use De-Identified Data as permitted by Section 10.3 and any applicable MSA, DPA, or Order Form.

10.3 De-Identified Data

You authorize Talkscriber to create de-identified data from Customer Data ("De-Identified Data") and to use De-Identified Data for internal lawful business purposes, including:

  • product and model improvement;
  • testing and evaluation;
  • quality assurance;
  • safety and abuse prevention;
  • analytics and benchmarking; and
  • service development.

When doing so, Talkscriber will:

  1. take reasonable technical and organizational measures designed for the nature of the data and the reasonably foreseeable risks of identification so the information cannot reasonably be linked to an identified or identifiable person or household;
  2. publicly commit to maintain and use De-Identified Data in de-identified form and not attempt to re-identify it, except solely to test the effectiveness of its de-identification process;
  3. require any permitted recipient of De-Identified Data to comply with equivalent restrictions; and
  4. not sell, license, disclose, or otherwise make available De-Identified Data to third parties in row-level, conversation-level, or customer-specific form, except to service providers acting on Talkscriber's behalf under written restrictions.

For clarity, De-Identified Data is not Customer Data.

10.4 Excluded Uses

Absent a separate signed written addendum, Talkscriber will not:

  • use Customer Data for cross-context behavioral advertising;
  • sell or share Customer Data as those terms are broadly defined under applicable U.S. privacy law; or
  • use voiceprints, speaker-identification templates, or biometric identifiers derived from Customer Data for model improvement.

10.5 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant Talkscriber a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right to use and incorporate that feedback without restriction or obligation.

11. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Confidential Information includes Customer Data, security information, pricing, business plans, product roadmaps, and trade secrets.

Each party will:

  • protect the other party's Confidential Information using at least reasonable care;
  • use it only to exercise rights or perform obligations under these Terms; and
  • disclose it only to personnel, contractors, advisors, and service providers with a need to know and who are bound by written confidentiality obligations at least as protective as this Section.

Confidential Information does not include information that the receiving party can demonstrate:

  • is or becomes public through no breach by that party;
  • was known without restriction before disclosure;
  • was independently developed without use of the disclosing party's Confidential Information; or
  • was rightfully received from a third party without restriction.

A party may disclose Confidential Information if required by law or legal process, provided it gives prompt notice where legally permitted and reasonably cooperates with efforts to seek confidential treatment.

This Section survives for five (5) years after termination, except trade-secret obligations survive for as long as the information remains a trade secret.

12. Privacy, Processing Role, and Security

Use of the Services is subject to the Privacy Policy.

For identified Customer Data processed to provide the Services, Talkscriber generally acts as a service provider or processor on your behalf. You are responsible for determining the legal basis for collection and use and for providing required notices and obtaining required permissions, except to the extent applicable law imposes direct obligations on Talkscriber.

For personal information collected directly by Talkscriber from Site visitors, prospective customers, and business contacts, Talkscriber acts as a business or controller as described in the Privacy Policy.

Where applicable, the DPA supplements these Terms for processor or service-provider obligations.

Talkscriber will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, disclosure, alteration, and destruction.

Talkscriber will notify affected customers without unreasonable delay after confirming a security incident involving Customer Data in Talkscriber's systems, taking into account the need to determine scope, prevent further harm, and comply with law.

13. Data Retention, Export, and Deletion

Customer Data is retained during the active subscription term in accordance with the applicable Order Form, MSA, product settings, or documented retention configuration.

You may export Customer Data during the term using available product functionality or by contacting support, subject to reasonable technical limitations.

Unless otherwise stated in an Order Form or MSA, you may request export of Customer Data for thirty (30) days after termination. After that period, Talkscriber may delete Customer Data from production systems, subject to:

  • legal retention requirements, legal holds, subpoenas, and governmental or regulatory requests;
  • routine backup and disaster-recovery cycles;
  • system logs, audit logs, and security records maintained for legitimate business purposes; and
  • De-Identified Data maintained in accordance with Section 10.3.

Talkscriber may retain and continue to use De-Identified Data after termination in accordance with Section 10.3.

14. Warranties and Disclaimers

14.1 Limited Warranty

Talkscriber warrants that the Services will materially conform to the applicable documentation during the subscription term.

Your exclusive remedy for breach of this warranty is, at Talkscriber's option:

  • correction of the non-conformity; or
  • termination of the affected subscription and refund of prepaid fees for the unused portion of the then-current term.

You must notify Talkscriber in writing of any warranty claim within thirty (30) days after discovering the alleged non-conformity.

14.2 Customer Compliance Warranty

You represent and warrant that:

  • you have all rights, permissions, notices, and consents necessary to submit Customer Data to the Services and authorize Talkscriber's processing as contemplated by these Terms;
  • your use of the Services will comply with law; and
  • if you enable recording, monitoring, or voice-based features, you have obtained all legally required notices and consents.

14.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TALKSCRIBER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

TALKSCRIBER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF ALL HARMFUL COMPONENTS.

Compliance, monitoring, sentiment, coaching, scoring, and AI-generated outputs are assistive tools only. They are probabilistic and do not replace human review, legal advice, regulatory judgment, or independent decision-making.

15. Indemnification

15.1 Talkscriber IP Indemnity

Talkscriber will defend you against any third-party claim that the Services, as provided by Talkscriber and used in accordance with these Terms, infringe a U.S. patent, copyright, trademark, or trade secret, and will pay damages finally awarded or amounts agreed in settlement, provided that you:

  • promptly notify Talkscriber;
  • give Talkscriber sole control of the defense and settlement; and
  • provide reasonable cooperation.

Talkscriber has no obligation under this Section for claims arising from:

  • Customer Data;
  • your instructions, specifications, or configurations;
  • combination of the Services with materials not provided by Talkscriber;
  • unauthorized use; or
  • use after notice of an alleged or actual infringement.

If such a claim appears likely, Talkscriber may modify the Services, obtain the right to continue providing them, or terminate the affected Services and refund prepaid fees for the unused portion of the then-current term.

This Section states Talkscriber's sole liability and your exclusive remedy for third-party intellectual-property claims.

15.2 Your Indemnity

You will defend, indemnify, and hold harmless Talkscriber and its affiliates, officers, directors, employees, and agents from any third-party claim, damage, judgment, fine, penalty, settlement, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

  • Customer Data;
  • your breach of Sections 8, 9, 10.2, or 14.2;
  • your failure to provide legally required notices or obtain legally required consents for recording, monitoring, transcription, biometric processing, or analytics;
  • your unlawful collection or use of biometric identifiers or biometric information;
  • your reliance on consent prompts, consent gates, state guidance, configurations, or similar compliance tools to the extent a claim results from your failure to independently verify compliance with applicable law;
  • your violation of law in connection with use of the Services; or
  • a claim that Customer Data or your use of the Services infringes or violates a third party's rights.

15.3 Procedure

The indemnified party will promptly notify the indemnifying party of the claim, provide reasonable cooperation, and allow the indemnifying party to control the defense and settlement. No settlement may impose liability or admission on the indemnified party without its prior written consent.

16. Limitation of Liability

16.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF GOODWILL, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Aggregate Cap

EXCEPT AS PROVIDED IN SECTION 16.3, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:

  • the amounts paid or payable by you to Talkscriber under these Terms in the twelve (12) months before the event giving rise to the claim; or
  • five hundred U.S. dollars (US$500).

16.3 Carve-Outs

The exclusions and cap in this Section do not limit:

  • your payment obligations;
  • your indemnity obligations under Section 15.2;
  • either party's fraud, gross negligence, or willful misconduct;
  • either party's breach of confidentiality under Section 11;
  • Talkscriber's obligations under Section 15.1; or
  • liability that cannot lawfully be limited.

17. Term, Suspension, and Termination

These Terms begin when you first accept them and continue until terminated.

You may terminate at any time by canceling your account or providing notice to Talkscriber. Termination does not relieve you of payment obligations accrued before termination.

Talkscriber may suspend or terminate access immediately on notice if:

  • you materially breach these Terms;
  • your use creates material legal, regulatory, security, or reputational risk;
  • you use the Services outside their permitted U.S.-only scope; or
  • we are required to do so by law or governmental authority.

We may also terminate for convenience on thirty (30) days' notice.

Upon termination, your right to use the Services ends, you remain responsible for accrued fees, and your export rights are governed by Section 13.

Provisions that by their nature should survive will survive, including Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19.

18. Dispute Resolution

18.1 Informal Resolution

Before filing a formal claim, each party will attempt in good faith to resolve the dispute informally by written notice and discussion for at least thirty (30) days.

18.2 Arbitration and Class Waiver

YOU AND TALKSCRIBER AGREE TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Claims must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.

Except for claims eligible for small claims court, claims for injunctive relief, or disputes relating to intellectual property or misuse of the Services, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will be conducted in English and may occur remotely unless the parties agree otherwise.

You may opt out of arbitration by sending written notice to info@talkscriber.com within thirty (30) days after first accepting these Terms.

18.3 Governing Law, Venue, and Time Limit

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

For disputes not subject to arbitration, the state and federal courts located in Suffolk County, Massachusetts will have exclusive jurisdiction, and each party consents to that jurisdiction and venue.

To the fullest extent permitted by law, claims must be brought within one (1) year after the cause of action accrues. Where applicable law prohibits shortening the limitations period for specific claims, the minimum period permitted by that law will apply.

19. Changes to These Terms

We may modify these Terms from time to time. For material changes, we will provide advance notice by email, in-app message, or prominent website notice.

The updated Terms become effective on the stated effective date. If you do not agree to a material change, you must stop using the Services before the effective date.

20. General

These Terms and the documents properly incorporated by reference constitute the entire agreement between the parties regarding the subject matter.

If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.

Failure to enforce a provision is not a waiver.

You may not assign these Terms without Talkscriber's prior written consent. Talkscriber may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.

Notices to Talkscriber must be sent to info@talkscriber.com. Notices to you may be sent to the email associated with your account and are effective when sent.

You consent to receive notices and communications electronically.

21. Contact

Talkscriber, Inc.
Email: info@talkscriber.com
Website: https://www.talkscriber.com