Terms of Service for AssistantApp

TERMS OF SERVICE

Acceptance of Terms

By accessing and using this Application, you accept and agree to be bound by the terms and provision of this agreement. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account and enter into this agreement. If you are between 13 and 17 years of age, you may only use the Application with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

Service Description

AssistantApp provides audio transcription, AI-powered form filling, health and nutrition tracking, calendar management, digital wellness tools, and related productivity services on a subscription basis. The Service uses artificial intelligence and machine learning technologies provided by third parties (OpenAI, Google, Amazon) to process your data.

User Obligations and Prohibited Uses

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Upload content that infringes on intellectual property rights
• Attempt to reverse engineer, hack, or compromise the Service
• Share your account credentials with others
• Use the Service to process confidential or sensitive information without proper authorization
• Record conversations or meetings without obtaining consent from all participants as required by applicable law
• Violate any applicable laws or regulations

AI-Generated Content

Content generated by AI features (form fills, health insights, meeting summaries, transcriptions, coaching advice) is provided for informational purposes only. AI outputs may contain errors, inaccuracies, or omissions.

YOU RETAIN OWNERSHIP OF YOUR ORIGINAL CONTENT (audio recordings, form data, health logs). AI-generated outputs derived from your content are licensed to you for your personal and business use. We retain no ownership rights over AI outputs generated from your data.

Health-related AI outputs (nutrition analysis, workout recommendations, health coaching) ARE NOT MEDICAL ADVICE. Always consult a qualified healthcare professional before making health decisions based on AI-generated insights.

Audio Recording and Consent

The Application allows you to record audio, including during meetings.

YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE RECORDING LAWS.

Many jurisdictions, including California, Illinois, Florida, Pennsylvania, and others, require the consent of all parties being recorded. Before recording any conversation or meeting involving other participants, you must:

• Obtain consent from all participants as required by applicable law
• Inform participants that the recording will be transcribed and processed by AI services
• Comply with any workplace or organizational recording policies

We are not responsible for your failure to obtain required consent. Meeting recordings may capture the voices and speech of non-users who have not agreed to this Privacy Policy.

Disclaimers and No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE SPECIFICALLY DISCLAIM:

• Accuracy of AI Transcriptions: AI transcription results may contain errors, inaccuracies, or omissions
• Accuracy of Health Analysis: AI-powered nutritional analysis and health coaching may be inaccurate
• Service Availability: We do not guarantee uninterrupted or error-free service
• Data Security: While we implement security measures, we cannot guarantee complete data protection
• Third-Party Services: We are not responsible for failures of AWS, RevenueCat, Apple, Google, Microsoft, Zoom, OpenAI, or other third-party services
• Data Loss: We are not responsible for any loss of your data or content
• Calendar Sync Accuracy: We do not guarantee that calendar synchronization will be complete or error-free

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY

2. WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or downtime
• Errors or inaccuracies in AI-generated content
• Actions of third-party service providers
• Consequences of recording without proper consent
• Health decisions made based on AI-generated insights

3. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the Service
• Your failure to obtain required recording consent from meeting participants
• Your use of AI-generated content

Governing Law and Dispute Resolution

1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

2. Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Houston, Texas.

3. Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and the Company individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, government regulations, or failures of third-party service providers.

Subscription Terms

1. Platforms

Subscriptions are available through the Apple App Store (iOS) and Google Play Store (Android). Payment processing is managed by RevenueCat in conjunction with the respective app store.

2. Billing

Subscriptions are billed monthly in advance. Payment will be charged to your Apple ID account or Google Play account at confirmation of purchase.

3. Auto-Renewal

Your subscription automatically renews each month unless cancelled at least 24 hours before the current period ends.

4. Cancellation

You may cancel your subscription at any time:

• iOS: Through your Apple ID account settings (Settings > Apple ID > Subscriptions)
• Android: Through Google Play Store (Google Play > Subscriptions)

Cancellation will be effective at the end of the current billing period.

5. Token/Chip Purchases

One-time token (chip) purchases are non-subscription consumable purchases processed through the respective app store via RevenueCat.

6. No Refunds

All subscription fees and token purchases are non-refundable except as required by applicable law or the refund policies of Apple or Google.

Data Loss and Backup

YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA. We may, but are not obligated to, maintain backups of your content. We are not liable for any loss, corruption, or deletion of your data.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by updating the "Last Updated" date and, for material changes, by sending a notification through the app or to your registered email address. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. Users between 13 and 17 may use the Application only with parental or guardian consent.

If you become aware of any data we have collected from children under age 13 without parental consent, please contact us immediately using the contact information provided below. We will promptly delete such data from our systems.

For GDPR jurisdictions, the minimum age for consent to data processing is 16. Users under 16 in the EU/EEA require parental consent.

Contact Us

If you have questions or comments about these Terms of Service, please contact us at:

The All Thing AI LLC

825 Town and Country Blvd, Suite 1200

Houston, TX 77024, USA

Email: info@theallthing.ai

Phone: 713-614-6647

Website: https://www.theallthingai.com/