Terms of Service

These Terms of Service ("Terms") are an agreement between ArcGlass, Inc. ("ArcGlass," "we," "our," or "us") and the customer or user accessing our services ("you"). They govern your access to and use of our websites (including arcglass.io), our web application at console.arcglass.io, our downloadable desktop application ArcGlass Listen (the "Listen App"), and related services, integrations, and support (collectively, the "Services").

By creating an account, clicking to accept, or using the Services, you agree to these Terms and to our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "Customer" refers to that organization. If you or your organization has signed a separate written agreement with ArcGlass covering the Services, that agreement controls where it conflicts with these Terms.

Note: Section 19 contains a binding arbitration clause and class action waiver that affect how disputes are resolved. Please read it carefully.

The Services are business tools offered to organizations and professionals. You must be at least 18 years old and able to form a binding contract to use the Services. You may not use the Services if you are barred from doing so under applicable law.

ArcGlass is a conversation intelligence platform. Depending on your plan and configuration, the Services allow the Customer to:

• connect data sources such as messaging platforms, email accounts, support tools, meeting tools, calendars, CRMs, and document stores, or upload content directly,
• transcribe and analyze conversations with artificial intelligence to detect signals such as sentiment, topics, intent, and requested actions,
• generate summaries, reports, dashboards, and insights,
• configure rules, agents, and automations that create or update records in third-party systems (for example, tickets, tasks, or notifications) ("Smart Actions"),
• send an ArcGlass notetaker to record and transcribe meetings, and
• use the Listen App to transcribe meetings on-device and, optionally, upload transcripts to the Customer's workspace.

We may improve, modify, or discontinue features of the Services. If we materially reduce the core functionality of a paid plan, the Customer may terminate the affected subscription and receive a pro-rated refund of prepaid, unused fees for it.

• You must provide accurate, current, and complete information and keep it updated.
• You sign in through a supported identity provider (such as Google, Microsoft, or GitHub) or with an email address and password, and are responsible for securing your credentials and any API keys issued to you.
• The Customer is responsible for all activity in its workspace, including the acts and omissions of the users it invites ("Authorized Users"), and for ensuring Authorized Users comply with these Terms.
• Notify us immediately at legal@arcglass.io of any unauthorized use of your account.

4.1 Ownership

"Customer Content" means the conversations, emails, tickets, messages, meeting recordings, transcripts, calendar details, documents, files, and other data that the Customer submits to the Services or authorizes the Services to collect from its connected sources. As between the parties, the Customer owns the Customer Content. ArcGlass claims no ownership of it.

4.2 License to ArcGlass

The Customer grants ArcGlass a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, analyze, display, and create derived data (such as transcripts, embeddings, classifications, and summaries) from Customer Content, solely as necessary to (a) provide, secure, and support the Services, (b) carry out the Customer's instructions and configurations, and (c) comply with law. We do not use Customer Content to train generalized artificial intelligence models, and we contractually prohibit our AI providers from doing so.

4.3 Usage Data

ArcGlass may collect and use data about the operation and use of the Services (such as feature usage, performance, and diagnostic data), and aggregated or de-identified data derived from the Services, to operate, secure, benchmark, and improve the Services, provided such data does not identify the Customer or any individual.

4.4 Your Responsibilities for Customer Content

You represent and warrant that:

• you have all rights, permissions, authorizations, and consents necessary to connect each data source, to submit the Customer Content to the Services, and to grant the license in Section 4.2,
• connecting a source (for example, a shared mailbox, a Slack workspace, or a domain-wide Google Workspace integration) has been approved by someone with authority to do so for that organization and complies with that organization's policies and applicable law, and
• the Customer Content and your use of it with the Services do not violate applicable law or the rights of any third party, including privacy, publicity, and intellectual property rights.

Recording and transcribing conversations is regulated. Many jurisdictions require notice to, or consent from, some or all participants before a conversation is recorded, transcribed, or analyzed (including all-party consent states in the United States and similar laws elsewhere). You and the Customer are solely responsible for:

• determining whether and how recording laws, wiretap laws, workplace monitoring laws, and similar rules apply to your use of the Services,
• providing all legally required notices to meeting participants and other data subjects before recording or ingesting their conversations, and
• obtaining and being able to demonstrate all required consents before using the notetaker, the Listen App, audio upload, or any other recording or ingestion feature.

ArcGlass provides tools, not legal compliance. We do not verify that consent was obtained for any conversation, and we may suspend use that we reasonably believe violates recording or surveillance laws.

The Services use artificial intelligence to generate transcripts, summaries, classifications, insights, and suggested or automated actions ("Output"). Output is generated by statistical models and may be inaccurate, incomplete, biased, or misattributed (for example, a transcript may misidentify a speaker or misstate what was said). You agree that:

• Output is provided for your review and convenience and is not a verbatim record, a statement of fact by ArcGlass, or professional (legal, financial, medical, or other) advice,
• you are responsible for reviewing Output and for any decision or action taken in reliance on it, and
• similar Output may be generated for other customers; subject to Section 4.1, you own your Output to the extent permitted by law.

Smart Actions execute in third-party systems using credentials and rules the Customer configures. The Customer authorizes ArcGlass to take those actions on its behalf and is responsible for the automations it enables, including reviewing rules before activation, the content of tickets, messages, and emails generated at its direction, and compliance of any outbound email with anti-spam laws. We recommend testing automations before enabling them broadly.

• License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Listen App on devices you own or control, for your internal business purposes.
• On-device processing: The Listen App transcribes locally. Transcripts and audio files stored on your device are your responsibility, including securing and backing them up. Uploading transcripts to a workspace is optional and consent-gated; uploaded transcripts become Customer Content.
• Updates: The Listen App checks for signed updates and installs them only with your approval. We may require an update for continued use where needed for security or compatibility.
• Restrictions: You may not reverse engineer, modify, or redistribute the Listen App except to the extent this restriction is prohibited by law or the relevant component is covered by an open source license. The Listen App includes open source components licensed under their own terms, which are acknowledged in the app.
• Consent obligations apply: Section 5 applies fully to recordings you make with the Listen App.

You agree not to, and not to permit anyone to:

• use the Services in violation of law, including privacy, recording, surveillance, anti-spam, and export laws,
• record, monitor, or analyze individuals covertly or without legally required notice and consent,
• submit content you have no right to submit, or use the Services to infringe or misappropriate anyone's rights,
• process protected health information subject to HIPAA unless we have signed a business associate agreement, or submit data of children under 16,
• probe, scan, or test the vulnerability of the Services except through our vulnerability disclosure program, or attempt to access another customer's data,
• interfere with the Services, introduce malicious code, or circumvent usage limits or access controls,
• scrape the Services, or access them by automated means other than our documented APIs,
• use the Services or Output to develop a competing product, or to train artificial intelligence models unrelated to your use of the Services, or
• resell, sublicense, or provide the Services to third parties except as we expressly permit.

The Services interoperate with third-party platforms (such as Slack, Google, Microsoft, Zoom, Jira, and others). Your use of a third-party platform is governed by that platform's own terms, and you are responsible for complying with them. Third-party platforms are outside our control: we are not responsible for their acts, omissions, availability, or changes to their APIs, and a platform's withdrawal of access may limit or disable affected features. Connecting a third-party service authorizes us to access and process the data it exposes in order to provide the Services, until you disconnect it.

• Paid plans are billed in advance on a subscription basis through our payment processor. You authorize recurring charges to your payment method.
• Except as stated in these Terms or required by law, fees are non-refundable and usage-based fees are due as incurred.
• Fees exclude taxes; you are responsible for applicable taxes other than taxes on our income.
• We may change prices with at least 30 days' notice, effective at your next renewal.
• Overdue undisputed amounts may result in suspension after notice.
• Promotional offers are subject to our Promotional Terms.

Each party may receive non-public information from the other that is marked confidential or that reasonably should be understood as confidential ("Confidential Information"). Customer Content is the Customer's Confidential Information. The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to employees, contractors, and service providers bound by confidentiality obligations, or as required by law (with notice to the other party where legally permitted). These obligations do not apply to information that is or becomes public through no fault of the receiver, was known before disclosure, is independently developed, or is rightfully received from a third party.

Our Privacy Policy describes how we collect, use, and protect information. For Customer Content, we act as a processor / service provider on the Customer's instructions. A data processing agreement (including Standard Contractual Clauses for international transfers) is available to Customers on request at legal@arcglass.io. We maintain administrative, technical, and physical safeguards designed to protect Customer Content, as described in the Privacy Policy.

ArcGlass and its licensors own the Services, including all software, models, interfaces, designs, and documentation, and all related intellectual property rights. Except for the limited rights expressly granted in these Terms, no rights are granted to you. If you provide suggestions or feedback, you grant ArcGlass a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you.

We may offer free plans, trials, or features identified as alpha, beta, preview, or early access. These are provided "as is," may be changed or discontinued at any time, may be subject to additional limits, and are excluded from any commitments we make for paid, generally available Services. Our total liability arising from free or beta services will not exceed 100 US dollars.

We may suspend access immediately if we reasonably believe your use (a) violates Section 5 or 9, (b) poses a security risk to the Services or others, or (c) involves overdue undisputed fees after notice. We will limit suspensions in scope and duration where practicable and restore access once the issue is resolved.

You may stop using the Services and terminate your account at any time in the product or by contacting us; unless required by law, prepaid fees are not refunded for early termination by you. Either party may terminate for the other's material breach not cured within 30 days of written notice, and we may terminate free accounts for convenience with reasonable notice.

For 30 days after termination of a paid workspace, we will make Customer Content available for export upon written request. Thereafter we will delete Customer Content as described in our Privacy Policy, except where retention is required by law. Sections that by their nature survive termination do so, including Sections 4.3, 6, 12, 14, 17, 18, 19, and 20.

THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. ARCGLASS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR THAT THE SERVICES WILL SATISFY ANY LEGAL OBLIGATION APPLICABLE TO YOU, INCLUDING RECORDING-CONSENT AND MONITORING LAWS. YOUR USE OF THE SERVICES DOES NOT CONSTITUTE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY THE CUSTOMER TO ARCGLASS FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED US DOLLARS ($100).

THE EXCLUSIONS IN CLAUSE (A) DO NOT APPLY TO A PARTY'S INDEMNIFICATION OBLIGATIONS, YOUR BREACH OF SECTIONS 5 OR 9, OR EITHER PARTY'S FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict of laws rules.

19.1 Informal Resolution First

Before filing a claim, the party raising a dispute will send notice to the other (for ArcGlass, at legal@arcglass.io) and the parties will attempt in good faith to resolve it within 60 days.

19.2 Binding Arbitration and Class Action Waiver

Any dispute not resolved informally will be finally resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Delaware (or conducted remotely by agreement). Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual property infringement, misuse of Confidential Information, or unauthorized access to the Services.

ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS.

If 25 or more similar arbitration demands are filed against ArcGlass in a coordinated manner, the parties agree the demands will be resolved in staged batches, beginning with up to 10 bellwether arbitrations, before further demands proceed. You may opt out of this Section 19.2 by emailing legal@arcglass.io within 30 days of first accepting these Terms, with your name, organization, and a statement that you opt out of arbitration; in that case disputes will be resolved exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction and waive trial by jury.

You will defend, indemnify, and hold harmless ArcGlass and its officers, directors, employees, and agents from and against any third-party claims, and resulting liabilities, damages, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) Customer Content or the connection of any data source; (b) recording, monitoring, transcribing, or analyzing any conversation without legally required notice or consent; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right. We will promptly notify you of any such claim and may participate in the defense with our own counsel. You may not settle a claim imposing obligations on us without our written consent.

The Services and the Listen App are subject to US export control and sanctions laws. You represent that you are not located in, or a resident or national of, an embargoed country or region, and are not on any US government restricted party list, and you agree not to export or re-export the Services in violation of law.

We may update these Terms from time to time. We will post the updated Terms on this page and update the effective date above, and for material changes we will give at least 30 days' notice by email or in-product notice. Changes apply prospectively from their effective date (for paid subscriptions, no earlier than your next renewal unless the change is required by law or applies to new features). If you do not agree to updated Terms, stop using the Services and, for paid plans, you may terminate and receive a pro-rated refund of prepaid, unused fees.

• Entire agreement: These Terms, the Privacy Policy, and any referenced policies are the entire agreement between you and ArcGlass regarding the Services and supersede prior agreements on that subject, except a signed written agreement, which controls where it conflicts.
• Severability: If any provision is unenforceable, it will be modified to the minimum extent necessary, and the rest remains in effect.
• No waiver: A failure to enforce a provision is not a waiver of it.
• Assignment: You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets with notice to us. We may assign these Terms to an affiliate or successor.
• Force majeure: Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Independent contractors: The parties are independent contractors; these Terms create no partnership, agency, or joint venture.
• Notices: We may provide notices by email to your account address or in the product; legal notices to ArcGlass go to legal@arcglass.io.
• Copyright complaints: Report claimed infringement to legal@arcglass.io with sufficient detail for us to investigate.

ArcGlass, Inc.
Email: legal@arcglass.io