Terms of Service

Welcome, and thank you for your interest in Q6 Technology Holdings, Inc d/b/a Scribed AI (“Scribed AI,” “we,” or “us”) and our platform for business communications, AI-powered productivity, and customer relationship management, along with our website at Scribed.ai, along with our related networks, applications, mobile applications, browser extensions, developer APIs, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Scribed AI regarding your use of the Service. As used herein, “you” or “your” means any entity, university, organization, or company accessing or using the Service (“Organization”) as well as any individual end user accessing and using the Service, as applicable and hereby agreeing to these Terms.

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

1. Scribed AI Service Overview

The Service is a comprehensive business communications, AI-powered productivity, and customer relationship management platform. The Service enables users to:

• Record, transcribe, and analyze meetings with AI-powered summaries, action items, and insights;
• Make and receive phone calls through cloud telephony, including inbound and outbound calling, phone number provisioning, call recording, call forwarding, and voicemail;
• Deploy AI voice agents to conduct automated outbound calls on the user's behalf;
• Use the power dialer to conduct sequential sales calls efficiently;
• Manage contacts and customer relationships through CRM features, including contact import (CSV), contact distribution, tagging, archiving, and interaction tracking;
• Store, manage, and search files through the Drive feature, including semantic search powered by AI;
• Create, manage, and organize notes and tasks;
• Schedule meetings and manage availability through calendar integrations;
• Create public booking pages with customizable event types, RSVP management, and availability scheduling;
• Communicate with team members through organizational chat, including channels, threads, and task management;
• Manage projects with AI-powered project management features, including milestones, tasks, and timelines;
• Create and send emails using AI-generated email templates;
• Connect third-party services including Pipedrive, GitHub, Vercel, and Asana;
• Use a browser extension for live recording and transcription;
• Access a developer API for programmatic integration, including the Inbound Leads API for lead capture.

You may choose whether to use the free version of the Service (“Free Service”) or the subscription-based paid version of the Service for which you may be required to pay fees (the “Paid Service”). Certain features (including telephony, AI agent calls, power dialer, and advanced AI features) may only be available on specific paid plans and may be subject to usage-based charges, fair use limits, or additional terms.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

3.1 General

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. For Business or Enterprise Organizations, if you wish to designate individual users to access and use the Service under your account (such users, “Authorized Users”), you may also be required to provide us with some information about such Authorized Users. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times, and that you have all necessary rights and approvals to provide such information. When you register, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@scribed.ai.

3.2 Authorized Users

a. You are responsible for: (i) identifying and authenticating all of your Authorized Users, (ii) approving access by your Authorized Users to the Service and designating appropriate access controls in connection with your account, (iii) controlling against unauthorized access by your Authorized Users, and (iv) all activities that occur under your Authorized Users' usernames, passwords or accounts as a result of your Authorized Users' access and use of the Service.

b. If you received your credentials to access and use the Service (including certain features thereof) from your Organization or otherwise are accessing the Service under your Organization's account, you acknowledge and agree that your access to the Service as provided by your Organization is subject to the agreement between Scribed AI and your Organization with respect to the Service. You also acknowledge that your Organization may terminate the access to the Service that they provide to you at any time. Scribed AI will have no liability to you in connection with any such removal or termination.

c. If the domain of the email address associated with your account is owned by an Organization and was assigned to you as an employee, contractor or member of the Organization (such as yourname@youremployer.com), you acknowledge and agree that we may identify your account to the Organization, migrate your account to the Organization's account, and/or restrict or terminate access to your account. Scribed AI will have no liability to you in connection with any such disclosure, restriction, or termination.

d. When you join a Scribed Business or Enterprise account or when you convert an existing Scribed individual account into a Scribed Business or Enterprise account, you must do the following:

• Use it in compliance with your organization's terms and policies. Please note that Scribed Business and Enterprise accounts are subject to the Organization's control. The Organization administrators may prevent you from later disassociating your account from the Organization account. They may also restrict or terminate your access to a Scribed Business or Enterprise account.
• Acknowledge that all the data under your account is owned by the Organization and the Organization administrators have the right to access, disclose, restrict and remove information in your account. This includes the data that predates when you joined the Organization account.

4. General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

4.1 Price

Scribed AI reserves the right to determine pricing for the Service. Scribed AI will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Scribed AI may change the fees for any feature of the Service, including additional fees or charges, if Scribed AI gives you advance notice of changes before they apply. Scribed AI, at its sole discretion, may make promotional offers with different features and different pricing to any of Scribed AI's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization

You authorize Scribed AI and its third party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Scribed AI, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Scribed AI or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. At its discretion Scribed AI may allow an organization to purchase the Service by issuing an invoice for payment that must be settled within 30 days of issuance.

4.3 Subscription Service

a. General. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Scribed AI or its third party payment processors or Apple or Google if you subscribed directly through the mobile application to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums, including all accrued sums for your Authorized Users. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. You may cancel the Subscription Service in the settings page for your account at Scribed.ai if you signed up directly via our website, or through settings in the Apple App Store, or Google Play Store if you subscribed directly in the mobile application or contacting us at: support@scribed.ai.

4.4 Delinquent Accounts

Scribed AI may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any sums are due but unpaid. Without limiting the generality of the foregoing, if you have been provided access to the Service (including certain features thereof) via your Organization and your Organization has not paid all sums due, we may suspend or terminate your access to the Service. In addition to the amount due for the Service, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

4.5 Usage-Based Charges

Certain features of the Service, including but not limited to telephony (calling minutes, phone number provisioning), AI agent calls, and AI processing, may be subject to usage-based charges in addition to or instead of subscription fees. Usage-based charges will be clearly disclosed before you incur them. You are responsible for monitoring your usage and managing costs associated with usage-based features. Scribed AI reserves the right to suspend usage-based features if your account has insufficient credits or unpaid balances.

5. Licenses

5.1 Limited License

Subject to your complete and ongoing compliance with these Terms, Scribed AI grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; (b) install and use the browser extension associated with the Service; and (c) access and use the Service.

5.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) access or use the Service in violation of any usage restrictions or other limitations associated with the level of Service you (or your Organization) have selected to access and purchased, if applicable. If you are prohibited under applicable law from using the Service, you may not use it.

5.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Scribed AI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

6. Ownership; Proprietary Rights

The Service is owned and operated by Scribed AI. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Scribed AI are protected by intellectual property and other laws. All Materials included in the Service are the property of Scribed AI or its third party licensors. Except as expressly authorized by Scribed AI, you may not make use of the Materials. Scribed AI reserves all rights to the Materials not granted expressly in these Terms.

7. Third Party Terms

7.1 Third Party Services and Linked Websites

Scribed AI may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that may allow you to link your account on Scribed AI with an account on the third party service, such as Pipedrive, GitHub, Vercel, Asana, Google Calendar, or other supported integrations, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Scribed AI may transfer that information to the applicable third party service. Third party services are not under Scribed AI's control, and, to the fullest extent permitted by law, Scribed AI is not responsible for any third party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Scribed AI's control, and Scribed AI is not responsible for their content.

8. User Content

8.1 User Content Generally

Certain features of the Service may permit users to upload content to the Service, including voice recordings, audio recordings, phone call recordings, files, data, text, photographs, contact information, email templates, chat messages, and other types of works (“User Content”), and to otherwise publish User Content on the Service. As between you and Scribed AI, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

8.2 Voice and Call Recordings

The Service may provide features that allow you to record individual conversations, phone calls, and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required under applicable law. This obligation applies to all recording features of the Service, including meeting recordings, phone call recordings, AI agent call recordings, and recordings made through the browser extension.

8.3 License Grant to Scribed AI

You retain ownership of the original User Content you submit to the Service. However, by using the Service, you grant Scribed AI a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, perform, reproduce, modify, export, process, transform, create derivative works from, analyze, aggregate, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for the purposes of: (a) providing, operating, improving, and developing the Service; (b) training, tuning, validating, and improving AI and machine learning models, algorithms, and systems (including third-party models); (c) generating de-identified, aggregated, or anonymized datasets; (d) conducting research, analytics, and benchmarking; (e) developing new products, services, and features; and (f) any other lawful commercial purpose. This license survives termination of your account with respect to de-identified, aggregated, or derivative data created prior to termination.

Customer may delete User Content from their account where it may be stored in a separate trash folder provided with the service for a specified period unless they choose to delete it from the trash folder. Once it has been permanently deleted from the user account either by direct action by the user or on expiration of the specified retention period in the trash folder, Scribed AI will make commercially reasonable efforts to delete such User Content from its primary systems; however, de-identified, aggregated, or derivative data that was created from your User Content prior to deletion may be retained and used in accordance with these Terms.

8.4 User Content Representations and Warranties

Scribed AI disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Scribed AI and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Scribed AI, the Service, and these Terms;

b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Scribed AI to violate any law or regulation; and

c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

8.5 Machine Learning and AI/LLM Processing

Scribed AI shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (“Usage Data”). The Service is implemented using artificial intelligence systems, including large language models (LLMs), machine learning models, neural networks, and other AI technologies provided by Scribed AI and third-party providers (collectively, “AI Systems”), with features and implementations designed to generate statistics, calibrate data models, generate content, and improve algorithms in the course of processing User Content and Usage Data (“AI Processing”).

Acknowledgment of AI/LLM Risks. You acknowledge and agree that: (a) the Service transmits your data, including User Content, to third-party AI providers (including OpenAI and others) for processing by large language models and other AI systems; (b) AI and LLM processing involves inherent and unavoidable risks, including but not limited to: (i) the possibility that your data may be temporarily or permanently stored by third-party AI providers, (ii) the possibility that AI providers may use data processed through their systems to improve their models or services unless contractually restricted, (iii) the risk of data breaches, unauthorized access, or unintended exposure at any point in the AI processing pipeline, (iv) the risk that AI outputs may contain inaccurate, misleading, biased, or fabricated information (“hallucinations”), (v) the risk that patterns or information from your data may be reflected in AI outputs provided to other users, and (vi) the inability to fully retrieve, delete, or control data once processed by AI systems; (c) Scribed AI cannot guarantee the security, confidentiality, or integrity of data once transmitted to third-party AI providers; and (d) you voluntarily assume all risks associated with AI and LLM processing of your data.

AI Processing Rights. Nothing in these Terms prohibits Scribed AI from using AI Processing for testing, tuning, optimizing, validating, training, fine-tuning, or otherwise enhancing the analytics, models, algorithms, or AI Systems underlying the Service or any other Scribed AI products and services. Scribed AI may use User Content and Usage Data to train, improve, and develop proprietary AI models, and may use de-identified, aggregated, or anonymized data derived from User Content for any lawful purpose, including the development of new AI products and services.

8.6 Data Commercialization and Licensing

You acknowledge and agree that Scribed AI may derive commercial value from the data processed through the Service. Specifically, Scribed AI reserves the right to:

• Create Derived Data Products. Scribed AI may create de-identified, aggregated, anonymized, or otherwise derived datasets from User Content, Usage Data, and other data collected through the Service (“Derived Data”). Derived Data does not identify you or any individual user and is not considered Personal Information.
• License and Sell Derived Data. Scribed AI may license, sell, share, or otherwise commercially exploit Derived Data to third parties, including but not limited to data brokers, analytics companies, AI/ML researchers, enterprise customers, and other commercial partners, for any lawful purpose, including AI model training, market research, analytics, product development, and academic research.
• Use Data for AI Training. Scribed AI may use User Content, Usage Data, and Derived Data to train, fine-tune, evaluate, and improve proprietary and third-party AI models, machine learning systems, and algorithms. This includes using your transcriptions, recordings, communications, and other User Content as training data for AI systems.
• Share Data with AI Providers. Scribed AI may share User Content and Usage Data with third-party AI service providers for processing, and such providers may use the data in accordance with their own terms and policies, which may include using data to improve their AI models and services.
• Develop Insights and Analytics. Scribed AI may analyze User Content and Usage Data to generate insights, benchmarks, trends, and analytics products that may be commercialized or made available to third parties in de-identified or aggregated form.

De-identification Standards. When creating Derived Data for commercial purposes, Scribed AI will use commercially reasonable de-identification techniques consistent with applicable law, including the standards set forth in the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and other applicable data protection laws. However, you acknowledge that no de-identification technique is infallible and there is an inherent residual risk of re-identification.

No Compensation. You acknowledge and agree that you will not receive any compensation, royalties, or other payment from Scribed AI in connection with Scribed AI's use, licensing, or sale of Derived Data or the exercise of any rights granted under these Terms with respect to your data.

Opt-Out Rights. To the extent required by applicable law (including the CCPA's right to opt out of the “sale” or “sharing” of personal information), you may exercise your opt-out rights by contacting us at support@scribed.ai or through the mechanisms described in our Privacy Policy. Please note that opting out may limit certain features or functionality of the Service. Opt-out requests do not apply to Derived Data that has already been de-identified or aggregated prior to the opt-out request.

9. Communications

9.1 Text Messaging

Scribed AI and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may be used for two factor authentication, account notifications, appointment confirmations, booking reminders, and follow-up communications related to the Service.

By providing your phone number through our booking pages, lead capture forms, or other website forms and checking the SMS consent checkbox, you expressly consent to receive automated text messages from Scribed AI for the purposes described above. This consent is given pursuant to the Telephone Consumer Protection Act (TCPA) and applicable state laws.

Message frequency varies based on your engagement with our services and the nature of your inquiry. Standard message and data rates may apply as specified by your carrier. Scribed AI is not responsible for these charges.

Opt-Out. You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. After opting out, you will receive one final confirmation message and will no longer receive text messages from Scribed AI unless you re-consent. Opting out of text messages will not affect your ability to use other features of the Service.

Help. For help or more information about our text messaging program, reply HELP to any message or contact us at support@scribed.ai.

This consent is not a condition of purchasing any goods or services from Scribed AI. Your mobile phone number will not be shared with or sold to third parties for marketing or promotional purposes.

9.2 Push Notifications

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device's “settings” page.

9.3 Email

We may send you emails in the course of delivering the service to notify when User Content has been processed, shared with you or for other operational purposes. We may also send emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

9.4 Phone Calls

The Service provides cloud telephony features that enable you to make and receive phone calls through the platform. You acknowledge that: (a) calls made through the Service are routed through our telephony provider (Twilio) and are subject to the quality and availability of telecommunications infrastructure; (b) you are solely responsible for the content and legality of all calls you make using the Service; (c) call recordings, when enabled, are stored in accordance with our Privacy Policy; and (d) charges may apply for calling minutes and phone number provisioning as described in your plan or usage-based pricing.

9.5 AI Agent Calls

The Service may provide features that allow AI voice agents to make automated outbound calls on your behalf. You acknowledge and agree that: (a) AI agent calls are conducted by artificial intelligence and may not perform identically to human callers; (b) you are solely responsible for ensuring that all AI agent calls comply with applicable laws and regulations, including requirements for disclosure of automated or AI-driven calling; (c) AI agents must identify themselves as automated or AI-powered when required by applicable law; and (d) you are responsible for configuring AI agents to behave in compliance with these Terms, our Acceptable Use Policy for Telephony (Section 11), and all applicable laws.

9.6 User-Generated Emails

The Service provides features for creating and sending emails, including AI-generated email content. You acknowledge and agree that: (a) you are solely responsible for the content and legality of all emails you send using the Service; (b) all emails sent through the Service must comply with the CAN-SPAM Act and any other applicable anti-spam legislation; (c) you must include accurate sender information and a functioning unsubscribe mechanism in any commercial emails; and (d) Scribed AI is not responsible for the content of emails you compose, generate using AI features, or send through the Service.

10. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

10.1 General Prohibited Conduct

• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• use the Service or any portion thereof for the direct or indirect benefit of any third parties;
• harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
• violate, or encourage others to violate, any right of a third party (including by act or omission), including by infringing or misappropriating any third party intellectual property or proprietary right;
• interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
• attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.

10.2 Telephony Abuse

In addition to the general prohibitions above, you agree not to use the telephony features of the Service to:

• make unsolicited telemarketing calls without obtaining proper prior express consent from the called party as required by applicable law;
• violate the Telephone Consumer Protection Act (TCPA), the Telemarketing Consumer Fraud and Abuse Prevention Act (TCFPA), the Telemarketing Sales Rule (TSR), or any other applicable federal, state, or international telemarketing or calling regulations;
• call phone numbers listed on the National Do Not Call Registry or any applicable state Do Not Call list without prior express consent or an applicable exemption;
• use AI agents, the power dialer, or any automated calling features to spam, harass, threaten, or make robocalls in violation of applicable law;
• use auto-dialing or AI calling features in any manner that violates federal or state calling regulations;
• spoof, falsify, or misrepresent caller ID information, or misrepresent your identity or affiliation during calls;
• make calls for illegal purposes, including fraud, threats, intimidation, or harassment;
• exceed reasonable call volume limits or engage in abusive calling patterns that degrade the Service for other users or violate applicable law;
• use telephony features for debt collection without maintaining all required licenses and complying with the Fair Debt Collection Practices Act (FDCPA) and applicable state debt collection laws;
• record calls without complying with all applicable recording consent laws, including one-party and all-party consent requirements in the relevant jurisdictions.

10.3 Email and Communication Abuse

You agree not to use the email and communication features of the Service to:

• send unsolicited bulk emails (spam) through the platform;
• violate the CAN-SPAM Act, the General Data Protection Regulation (GDPR), or any other applicable anti-spam or privacy legislation;
• use email templates or AI-generated emails for phishing, fraud, social engineering, or impersonation;
• harvest, scrape, or collect email addresses from the Service for the purpose of sending unsolicited communications.

10.4 CRM and Data Abuse

You agree not to use the CRM and contact management features of the Service to:

• import, store, or process contact information without a lawful basis or appropriate consent;
• use CRM features to stalk, harass, or unlawfully surveil individuals;
• scrape, bulk-export, or systematically extract data from the Service for unauthorized purposes;
• store or process sensitive personal data (such as health information, financial account numbers, or government-issued identification numbers) in contact fields not designed for such data.

10.5 AI Abuse

You agree not to use the AI features of the Service to:

• generate content that is harmful, deceptive, defamatory, illegal, or designed to mislead;
• attempt to circumvent, bypass, or disable AI safety measures, content filters, or usage restrictions;
• use AI-generated content to impersonate real individuals without their consent;
• use AI features to generate content that infringes on third-party intellectual property rights;
• use AI agent calls without disclosing the AI or automated nature of the call where disclosure is required by applicable law.

10.6 API Abuse

You agree not to:

• exceed published API rate limits or use the API in a manner that degrades the Service for other users;
• use API access for web scraping, unauthorized data collection, or any purpose not contemplated by the API documentation;
• share, publish, or transfer API keys to unauthorized parties;
• use the Inbound Leads API or other API endpoints to submit fraudulent, fabricated, or misleading data.

11. Acceptable Use Policy for Telephony

This section sets forth the acceptable use policy applicable to all telephony features of the Service, including inbound and outbound calling, AI agent calls, and the power dialer. By using telephony features, you agree to comply with the following requirements:

11.1 Compliance Obligations

• TCPA Compliance. You are solely responsible for ensuring that all calls made through the Service comply with the Telephone Consumer Protection Act (TCPA) and its implementing regulations, including obtaining prior express consent (or prior express written consent, where required) before making calls using automatic telephone dialing systems or prerecorded/artificial voice messages.
• Consent Records. You must maintain adequate records of consent for all contacts you call through the Service, including the date, time, and method of consent collection. You must be able to produce such records upon request by Scribed AI or any regulatory authority.
• Do Not Call Compliance. You must honor Do Not Call (DNC) requests within 24 hours of receipt. You must maintain an internal DNC list and scrub your call lists against the National Do Not Call Registry and any applicable state DNC lists before initiating calls.
• Wireless Number Restrictions. You must not use predictive dialing, auto-dialing, or AI calling features to call wireless (mobile) phone numbers without prior express written consent from the called party, as required by applicable law.

11.2 AI Agent Call Requirements

• AI agents must identify themselves as automated or AI-powered at the beginning of each call, or as otherwise required by applicable law.
• You must configure AI agents to provide accurate information about the calling organization and the purpose of the call.
• AI agent calls must comply with all the same regulations that apply to human-initiated calls, including TCPA, TSR, and state-specific requirements.

11.3 Call Recording Requirements

• You must comply with all applicable federal and state recording consent laws. In all-party (or two-party) consent jurisdictions, you must obtain consent from all parties to the call before enabling recording.
• You are responsible for providing appropriate notification to call participants when recording is active.
• Scribed AI does not provide legal advice regarding recording consent laws and recommends that you consult with legal counsel to ensure compliance in your jurisdiction(s).

11.4 Calling Limits and Patterns

• You must not engage in calling patterns that are abusive, harassing, or designed to overwhelm call recipients.
• Scribed AI reserves the right to impose reasonable limits on call volume, call frequency per contact, and concurrent calls to ensure fair use and compliance with telephony provider requirements.
• Scribed AI may monitor calling patterns and metadata (without monitoring call content) to detect potential abuse and ensure compliance with this policy.

12. Acceptable Use Policy for AI Features

This section sets forth the acceptable use policy applicable to all AI-powered features of the Service, including AI chat, AI summaries, AI email generation, AI agent calls, and AI-powered project management.

• No Accuracy Guarantee. AI-generated outputs (including summaries, transcriptions, email drafts, chat responses, and AI agent conversations) are not guaranteed to be accurate, complete, current, or free from error. You are solely responsible for reviewing, verifying, and editing all AI-generated content before use or distribution.
• User Responsibility. You are responsible for all actions taken based on AI-generated content. Scribed AI shall not be liable for any decisions, communications, or actions you take based on AI outputs.
• AI Agent Compliance. When using AI agents for voice calls, you must ensure that the AI agent's behavior complies with all applicable regulations, including truthfulness requirements, disclosure obligations, and prohibited practices under telemarketing and consumer protection laws.
• Disclosure Obligations. Where legally required, you must disclose to third parties that content was generated by AI, that a call is being conducted by an AI agent, or that communications were drafted using AI assistance.
• Prohibited AI Uses. You must not use AI features in any manner that violates applicable law, infringes third-party rights, or contradicts the prohibited conduct provisions in Section 10 of these Terms.

13. Digital Millennium Copyright Act

13.1 DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

13.2 Repeat Infringers

Scribed AI will promptly terminate the accounts of users that are determined by Scribed AI to be repeat infringers.

14. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 14, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

15. Term, Termination and Modification of the Service

15.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2.

15.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Scribed AI may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@scribed.ai.

15.3 Grounds for Immediate Termination or Suspension

Without limiting the generality of Section 15.2, Scribed AI reserves the right to immediately suspend or terminate your access to the Service, without prior notice, if Scribed AI reasonably believes that you are engaging in any of the following:

• Any violation of the Acceptable Use Policy for Telephony (Section 11), including TCPA violations, spoofing, or abusive calling patterns;
• Sending spam or bulk unsolicited communications through the Service;
• Violations of the CAN-SPAM Act or other applicable anti-spam laws;
• Fraud, illegal activity, or any activity that creates legal liability for Scribed AI;
• Repeated violations of the Prohibited Conduct provisions (Section 10) after having received a warning;
• Use of the Service in a manner that degrades performance for other users or threatens the security or integrity of the Service;
• Any use of telephony, AI, or communication features that Scribed AI reasonably believes may expose Scribed AI to regulatory action, fines, or legal liability.

In the event of suspension, Scribed AI will make reasonable efforts to notify you of the reason for suspension and provide an opportunity to cure the violation, except where immediate suspension is necessary to prevent ongoing harm or legal liability.

15.4 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Scribed AI any unpaid amount that was due prior to termination; (d) all payment obligations accrued prior to termination will survive; and (e) any phone numbers provisioned through the Service will be released and may not be recoverable.

15.5 Modification of the Service

Scribed AI reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Scribed AI will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

16. Service Level and Fair Use

16.1 Fair Use

Certain features of the Service are subject to fair use limitations, including but not limited to calling minutes, AI processing (including AI chat, AI summaries, AI email generation, and AI agent calls), file storage capacity, and API request volume. Fair use limits are designed to ensure equitable access to the Service for all users and may vary by plan type.

16.2 Throttling and Restrictions

Scribed AI reserves the right to throttle, rate-limit, or temporarily restrict access to specific features of the Service if your usage significantly exceeds normal patterns, degrades the Service for other users, or approaches applicable limits. Scribed AI will make reasonable efforts to notify you before imposing restrictions, except where immediate action is necessary to protect the integrity of the Service.

16.3 Usage Monitoring

Scribed AI may monitor aggregate usage metrics (such as call volume, API request counts, storage utilization, and AI processing usage) to enforce fair use limits, detect abuse, and ensure Service reliability. Usage monitoring does not include monitoring the content of your calls, messages, files, or other User Content, except as otherwise described in our Privacy Policy.

17. API Terms

17.1 API Access

Scribed AI may provide application programming interfaces (APIs) that allow you to programmatically interact with the Service, including the Inbound Leads API for lead capture. API access is subject to these Terms and any additional API-specific documentation or terms published by Scribed AI.

17.2 API Keys

API keys are confidential credentials that authenticate your access to the API. You must: (a) keep your API keys secure and confidential; (b) not share API keys with unauthorized parties; (c) not embed API keys in publicly accessible code or repositories; and (d) immediately rotate or revoke any API key that you believe has been compromised. You are responsible for all activity that occurs using your API keys.

17.3 Rate Limits

API access is subject to rate limits as published in our API documentation. Scribed AI reserves the right to modify rate limits at any time. If you exceed rate limits, your API requests may be throttled or rejected.

17.4 Revocation

Scribed AI reserves the right to revoke or suspend API access at any time, with or without notice, if you violate these Terms, exceed rate limits, use the API for unauthorized purposes, or if continued API access poses a security or operational risk to the Service.

18. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Scribed AI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Scribed AI Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature of content of Data processed by the Service; (e) any dispute or issue between you and any third party; (f) your use of telephony features, including any claims arising from TCPA violations, DNC list violations, or other telemarketing regulation violations; (g) your use of AI features, including claims arising from AI-generated content or AI agent interactions; or (h) any calls, emails, or other communications you initiate through the Service.

19. Disclaimers; No Warranties

20. Limitation of Liability

21. Dispute Resolution and Arbitration

21.1 Generally

In the interest of resolving disputes between you and Scribed AI in the most expedient and cost effective manner, and except as described in Section 21.2 and 21.3, you and Scribed AI agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SCRIBED AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

21.2 Exceptions

Despite the provisions of Section 21.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

21.3 Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 21 within 30 days after the date that you agree to these Terms by sending a letter to Q6 Technology Holdings, Inc d/b/a Scribed AI, Attention: Legal Department - Arbitration Opt-Out, 2261 Market St Ste 22871, San Francisco, CA 94114 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”).

22. Miscellaneous

22.1 Governing Law

These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Scribed AI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

22.2 Contact Information

The Service is offered by Q6 Technology Holdings, Inc d/b/a Scribed AI. You may contact us by emailing us at support@scribed.ai.

23. Notice Regarding Apple

This Section 23 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Scribed AI only not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.