Terms of Service

1. Who May Use the Services

You may use the Services only if:

• you are legally capable of entering into a binding agreement with us;
• you are not prohibited from using the Services under applicable law; and
• you are at least the minimum age required under applicable law in your jurisdiction, and in any event at least sixteen (16) years old.

If you are under the age of majority in your jurisdiction or under eighteen (18) years old, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If Smooth AI becomes aware that a user does not meet the applicable age requirements, we will suspend or terminate that account and delete associated data promptly.

If you use the Services on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. The Services

Smooth AI provides software and tools designed to assist users during and around meetings, conversations, interviews, calls, and other communication workflows. The Services may include features such as real-time transcription, translation, summaries, meeting notes, reports, writing assistance, suggested responses, post-meeting review, and other AI-powered language support features.

The Services may change over time. We may add, modify, suspend, or discontinue any part of the Services at any time.

Certain features may rely on third-party platforms, devices, or services, and may not function properly if those dependencies change or become unavailable.

3. Your Account

You may need to create an account to use some or all of the Services. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activities that occur under your account; and
• promptly notifying us if you suspect unauthorized access or use of your account.

You may not share your account with others or allow others to access the Services in a way that violates these Terms.

4. Acceptable Use

You agree not to use the Services, or allow others to use the Services, in a manner that:

• violates any applicable law or regulation;
• infringes or misappropriates the rights of any person or entity;
• violates any privacy, recording, surveillance, wiretapping, or consent law;
• is fraudulent, deceptive, harmful, threatening, abusive, defamatory, obscene, or otherwise unlawful;
• interferes with or disrupts the Services or related systems;
• attempts to gain unauthorized access to any account, system, or network;
• reverse engineers, decompiles, disassembles, or attempts to derive source code, models, or underlying components of the Services, except where prohibited by law from restricting such activity;
• scrapes, spiders, crawls, or systematically extracts data from the Services;
• uses the Services to develop, benchmark, train, or improve a competing product or service, except where such restriction is prohibited by law; or
• uploads, transmits, or processes content that you do not have the right to use.

We may suspend or terminate your access if we reasonably believe you have violated these Terms or created risk for us, other users, or third parties.

5. Meeting Recording, Transcription, and Consent

How Smooth AI Processes Audio

Smooth AI functions as a pass-through transcription tool. Smooth AI does not record, store, or retain any audio. Audio signals are processed transiently in memory solely for the purpose of generating a real-time text transcript and are not written to disk, database, or any other form of persistent storage. Once transcription is complete, the audio is discarded. Smooth AI does not independently collect, possess, or control any audio data. Matters concerning the processing, storage, and deletion of the resulting transcripts and meeting data are set forth in our Privacy Policy.

Because Smooth AI does not control the circumstances, participants, context, or legal jurisdiction of any meeting or conversation in which you use the Services, Smooth AI has no ability to determine whether a given use is lawful in your situation. The decision of when, where, and with whom to use the Services rests entirely with you.

Your Responsibility

The Services capture and process audio from your microphone and system audio output in real time. This may include the voices of other meeting participants. You are solely responsible for ensuring that your use of the Services complies with all applicable laws, including laws relating to notice, consent, monitoring, interception, recording, and transcription. Before using the Services in any meeting or conversation, you must:

• determine whether applicable laws require notification to or consent from other participants regarding the recording or processing of their voice;
• provide such notification or obtain such consent as required;
• refrain from using the Services if the required consent cannot be obtained; and
• use the Services only in circumstances where such use is lawful under all applicable federal, state, and local laws.

Applicable laws vary significantly by jurisdiction. For example, some jurisdictions require the notification to or consent of all parties to a conversation before any form of recording or transcription may occur (commonly referred to as "two-party consent" or "all-party consent" laws). You are solely responsible for complying with these laws, including but not limited to California Penal Code Section 632, the Illinois Eavesdropping Act (720 ILCS 5/14-2), other applicable U.S. federal and state laws, the EU General Data Protection Regulation (GDPR), and similar laws in other jurisdictions worldwide.

You shall not provide data containing others' voices or personal information to Smooth AI without their required consent. All responsibility arising from a violation of this lies with you.

Smooth AI may offer product features, settings, or notices intended to support compliant use, but such features do not constitute legal advice and do not modify or reduce your responsibility to comply with applicable law.

We do not provide legal advice, and your use of the Services does not relieve you of your legal obligations.

6. Your Content

You may provide, upload, submit, record, store, or otherwise make available text, audio, transcripts, prompts, notes, summaries, files, or other materials through the Services ("Your Content").

As between you and Smooth AI, and subject to any rights you grant us below, you retain your rights in Your Content.

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and otherwise use Your Content only as necessary to:

• provide, operate, maintain, and improve the Services;
• perform requests initiated by you;
• support safety, security, debugging, fraud prevention, and abuse prevention;
• enforce these Terms; and
• comply with legal obligations.

You represent and warrant that you have all rights necessary to provide Your Content to the Services and to grant the rights described in these Terms.

Publicity Rights (Business Users)

If you are a company, organization, or other business entity, you grant Smooth AI the right to use your company name and logo on our website, marketing materials, and other promotional avenues to identify you as a customer of Smooth AI. You may opt out of this by submitting a written request to support@trysmooth.ai, at which point Smooth AI will promptly remove your name and logo from any newly generated website or marketing materials.

7. Feedback

If you provide Smooth AI with any suggestions, ideas, enhancement requests, recommendations, comments, or other feedback regarding the Services ("Feedback"), you hereby assign to Smooth AI all right, title, and interest in and to such Feedback, including all intellectual property rights therein.

Smooth AI will own all Feedback and may use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback for any purpose, including to improve or develop the Services or any other products or services, without restriction, attribution, or compensation to you.

You represent and warrant that any Feedback you provide does not contain confidential or proprietary information of any third party and that you have all rights necessary to make the assignment described above. Feedback is distinct from Your Content and is not subject to the license grant in Section 6.

To the extent you retain any moral rights in Feedback that cannot be assigned under applicable law, you hereby waive those rights to the fullest extent permitted by law, and agree not to exercise any such rights against Smooth AI or its successors, licensees, or assigns.

8. Audio Processing, Data Deletion, AI Model Use, and Security

Audio Processing

As described in Section 5, Smooth AI processes audio transiently in memory solely to generate transcripts and does not retain audio recordings in any form after transcription is complete.

Data Deletion Upon Account Termination

When you delete your account or submit a verified request for account deletion, Smooth AI will delete all of your stored data — including transcripts, meeting notes, summaries, reports, and all other account-associated content — immediately from our active systems. This data will be automatically and permanently purged from our encrypted, offline backups within our standard backup cycle (up to 30 days). No other copies of your personal data will be retained, except to the extent that Smooth AI is required by applicable law to retain specific information for a defined period, in which case only the minimum data required by law will be retained and will be deleted as soon as the applicable retention obligation expires.

AI Model Training

Smooth AI does not use Your Content, including transcripts, meeting notes, reports, or other customer data, to train our own AI models. Smooth AI also does not permit third-party AI or model providers to use Your Content to train or improve their models.

Security

Smooth AI protects customer data using encryption in transit and at rest, together with reasonable administrative, technical, and organizational safeguards.

9. AI Features and Output

The Services may generate transcripts, summaries, translations, suggestions, rewrites, reports, or other outputs using automated or AI-based systems ("Output").

You acknowledge and agree that:

• Output may contain errors, omissions, mistranslations, incorrect inferences, or misleading information;
• Output may not be complete, accurate, or suitable for your specific situation;
• you are responsible for reviewing and evaluating any Output before relying on it; and
• the Services are not intended to provide legal, medical, financial, employment, compliance, or other professional advice.

You use any Output at your own risk.

10. Beta and Preview Features

From time to time, Smooth AI may offer certain features, tools, or services that are designated as "Beta," "Preview," "Experimental," "Early Access," or with similar labels ("Beta Features"). Beta Features are made available for evaluation purposes and may not meet the same standards of performance, stability, or reliability as generally available features of the Services.

By using any Beta Feature, you acknowledge and agree that:

• Beta Features are provided "as is" and "as available" without any warranty of any kind, express or implied;
• Beta Features may contain bugs, errors, or other defects and may cause unexpected results, data loss, or interruptions;
• no service level agreement (SLA), uptime commitment, or performance guarantee applies to Beta Features;
• Beta Features may be modified, suspended, or discontinued at any time and without notice, and Smooth AI has no obligation to release a generally available version of any Beta Feature; and
• your use of Beta Features is at your sole risk, and Smooth AI will not be liable for any harm arising from your use of or reliance on Beta Features.

Any feedback you provide regarding Beta Features is subject to Section 7 (Feedback) of these Terms.

11. Subscription, Billing, and Cancellation

Some parts of the Services may require payment, including subscription plans or other paid features.

If you purchase a paid subscription:

• you agree to pay all applicable fees, taxes, and charges;
• you authorize us and our payment processors to charge your selected payment method;
• your subscription may renew automatically unless you cancel before the next renewal date; and
• pricing and plan features may change from time to time, subject to applicable law.

Price Changes

If Smooth AI increases the price of your current subscription plan, we will provide you with no less than thirty (30) days' advance written notice via email to the address associated with your account before the new pricing takes effect. If you do not cancel your subscription before the end of that notice period, your continued use of the Services will constitute acceptance of the new pricing. Price reductions and other plan changes that are not materially adverse to you may take effect without advance notice.

You may cancel your subscription at any time. If you cancel, the cancellation will take effect at the end of your current billing period. You will continue to have access to the paid Services through the remainder of that billing period, and you will not be charged again starting on the next renewal date.

Cancellation does not affect charges already incurred before cancellation.

14-Day Money-Back Guarantee

We offer a fourteen (14) day unconditional money-back guarantee for your initial subscription purchase. If you are not satisfied with the Services for any reason, you may request a full refund within fourteen (14) days of your first payment by contacting support@trysmooth.ai.

Renewal Grace Period

For recurring subscriptions, you may request a full refund within seventy-two (72) hours of an automatic renewal, provided that you have not used the Services during the new billing period.

Except as provided above or as otherwise required by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial billing period, partial month, or unused portion of a subscription.

If a free trial or promotional offer is provided, it may be subject to additional terms and may convert into a paid subscription unless cancelled before the applicable deadline.

12. Cancellation and Termination

You may stop using the Services at any time.

We may suspend or terminate your access to the Services immediately if:

• you violate these Terms;
• we reasonably believe your use poses legal, security, or operational risk; or
• we are required to do so by law.

Upon termination, your right to use the Services will cease. Provisions that by their nature should survive termination will survive, including provisions relating to liability, disclaimers, disputes, and general terms.

Upon termination or account deletion, your data will be deleted in accordance with Section 8 of these Terms.

13. Privacy and Data Handling

Our collection and use of personal information is described in our Privacy Policy.

By using the Services, you acknowledge that internet transmissions are never completely secure and that we cannot guarantee absolute security.

You are responsible for deciding what information you choose to upload, record, process, or store through the Services.

14. Third-Party Services

The Services may interoperate with or include links to third-party services, products, websites, or integrations ("Third-Party Services").

We do not control and are not responsible for Third-Party Services. Your use of Third-Party Services is governed by the terms and privacy policies of those third parties.

We are not liable for any unavailability, errors, data loss, or other issues caused by Third-Party Services.

15. Intellectual Property

The Services, including all software, technology, designs, interfaces, trademarks, logos, and other materials provided by us, are owned by Smooth AI or its licensors and are protected by intellectual property and other laws.

Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise.

You may not use our name, logos, branding, or other proprietary materials without our prior written consent.

Copyright Infringement — DMCA Notice and Takedown

Smooth AI respects intellectual property rights. If you believe that content available through the Services infringes your copyright, you may submit a written notice to Smooth AI's designated copyright agent at support@trysmooth.ai including the following information:

• a physical or electronic signature of the copyright owner or authorized representative;
• identification of the copyrighted work claimed to have been infringed;
• identification of the allegedly infringing material and information sufficient for us to locate it;
• your contact information, including name, address, telephone number, and email address;
• a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Smooth AI will respond to valid DMCA notices in accordance with applicable law. Repeat infringers may have their accounts terminated.

16. Disclaimers

The Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Smooth AI disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, or reliability.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that any content or output will be accurate, complete, or reliable.

Smooth AI does not guarantee any specific level of availability or uptime for the Services. No service level agreement applies to the Services unless separately agreed in writing.

17. Limitation of Liability

To the maximum extent permitted by law, Smooth AI and its affiliates, officers, directors, employees, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunity, or other intangible losses, arising out of or relating to the Services or these Terms.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of:

• the amount you paid us for the Services in the twelve (12) months before the event giving rise to the claim; or
• one hundred U.S. dollars (US$100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

18. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Smooth AI and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your Content;
• your misuse of the Services;
• your violation of these Terms; or
• your violation of any law or the rights of any third party.

19. Force Majeure

Smooth AI will not be liable or responsible for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by or results from events or circumstances beyond Smooth AI's reasonable control, including but not limited to:

• acts of God, natural disasters, earthquakes, floods, storms, fires, or other extreme weather events;
• war, armed conflict, terrorism, civil unrest, riots, or government actions;
• epidemics, pandemics, or public health emergencies declared by a governmental authority;
• strikes, labor disputes, or industrial actions;
• failures or disruptions of the internet, telecommunications networks, third-party infrastructure, power grids, or cloud service providers;
• cyberattacks, distributed denial-of-service attacks, or other malicious interference with Smooth AI's systems that are not attributable to Smooth AI's negligence; or
• any other cause beyond Smooth AI's reasonable control, whether or not foreseeable at the time of entering into these Terms.

In the event of a force majeure occurrence, Smooth AI will use commercially reasonable efforts to resume the affected Services as soon as reasonably practicable and will notify affected users of the nature of the disruption where feasible.

Nothing in this Section limits Smooth AI's obligations under applicable law that cannot be excluded by contract.

20. Changes to the Services or Terms

We may modify these Terms from time to time. If we make a material change, we will provide notice as required by applicable law, such as by posting an updated version, updating the "Last updated" date, sending an email, or providing in-product notice.

If you continue using the Services after the revised Terms become effective, you agree to the revised Terms.

We may also change, suspend, or discontinue all or any part of the Services at any time.

21. Governing Law, Binding Arbitration, and Class Action Waiver

21.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to conflict of laws principles.

21.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you and Smooth AI agree to first attempt to resolve any dispute informally. The party seeking resolution must send a written notice describing the nature of the dispute and the relief sought to the other party. You must send such notice to Smooth AI at support@trysmooth.ai. Smooth AI will send such notice to the email address associated with your account. The parties will attempt in good faith to resolve the dispute within thirty (30) days of receipt of the notice. If the dispute is not resolved within that period, either party may proceed to binding arbitration as described below.

21.3 Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Except as provided in Section 21.5 (Exceptions), you and Smooth AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including any question of whether such dispute is subject to arbitration — will be resolved exclusively through final and binding individual arbitration, rather than in court.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for businesses), as applicable, which are available at www.adr.org. The arbitrator will be selected in accordance with the applicable AAA rules. The arbitration will be conducted in English and, unless the parties agree otherwise, will take place in the State of Delaware or, at your election, via video conference or telephone. The arbitrator will have the authority to award any relief that would be available in court, including injunctive relief and statutory damages, subject to the limitations set forth in these Terms. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

21.4 Class Action Waiver

To the maximum extent permitted by applicable law, you and Smooth AI 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 Smooth AI expressly waive any right to bring or participate in any class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding of any kind. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

If a court or arbitrator determines that the class action waiver in this section is unenforceable with respect to a particular claim or dispute, then that claim or dispute shall be severed from the arbitration and may be brought only in a court of competent jurisdiction, and the remaining claims shall continue in arbitration on an individual basis.

21.5 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction.

Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, pending final determination by the arbitrator.

21.6 Arbitration Fees and Costs

If you are an individual consumer, Smooth AI will pay all AAA filing fees, administrative fees, and arbitrator fees for any arbitration you initiate in accordance with these Terms, except that if the arbitrator determines that your claim was frivolous or brought in bad faith, you may be required to reimburse Smooth AI for such fees. Each party will bear its own attorneys' fees and costs, unless the arbitrator awards fees to a party as permitted by applicable law.

21.7 Opt-Out Right

You may opt out of the binding arbitration and class action waiver provisions of this Section 21 by sending a written notice to Smooth AI at support@trysmooth.ai within thirty (30) days of first agreeing to these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in the state or federal courts located in Delaware, and you and Smooth AI consent to the personal jurisdiction and venue of those courts.

21.8 Fallback Jurisdiction

If for any reason a claim proceeds in court rather than in arbitration (including as a result of an opt-out or a valid exception under Section 21.5), such claim will be brought exclusively in the state or federal courts located in Delaware, and you and Smooth AI consent to the personal jurisdiction and venue of those courts.

21.9 Consumer Rights

If you are a consumer residing in a jurisdiction that grants you non-waivable rights to bring disputes in local courts or under local law, nothing in these Terms limits those rights to the extent prohibited by applicable law. This Section 21 does not affect any mandatory rights you may have under applicable consumer protection law.

22. General Terms

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Smooth AI regarding the Services and supersede any prior agreements relating to the same subject matter.

If any provision of these Terms is held to be unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.