1. Acceptance of Terms
These Terms of Use ("Terms") govern your access to and use of the services provided by Wisp AI, Inc. ("Wisp," "we," "us," or "our"), including our applications, websites, and related services (the "Services").
By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Description of Services
Wisp provides AI-powered tools for:
- Recording audio
- Transcribing speech
- Generating notes, summaries, and structured outputs
Wisp may also process, transform, and license data as described in our Privacy Policy.
3. Eligibility
You must:
- Be at least 18 years old
- Have the legal capacity to enter into these Terms
- Comply with all applicable laws
4. User Accounts
You agree to:
- Provide accurate and complete information
- Maintain the security of your account
- Notify us of unauthorized use
You are responsible for all activity under your account.
5. User Content
You may upload or record content, including:
- Audio recordings
- Transcripts
- Notes and generated outputs
("User Content")
You retain ownership of your User Content, subject to the license granted below.
6. License to Wisp
By submitting, recording, or uploading User Content, you grant Wisp a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to:
- Use, process, reproduce, modify, and distribute your User Content
- Create derivative works, including datasets and machine learning inputs
- Combine your content with other data
- License such content and derived datasets to third parties
This includes content that may contain:
- Voice recordings
- Conversational data
- Personal or identifiable information
7. Consent to AI Training and Data Licensing
By using the Services and enabling applicable settings, you acknowledge and agree that:
- Your User Content may be processed and transformed into datasets
- Such datasets may be licensed to third parties for machine learning model training, evaluation and benchmarking, and research and development
- Your content may be aggregated, pseudonymized, or transformed into machine learning inputs
Once incorporated into datasets or AI systems, it may not be technically feasible to delete, retrieve, or isolate individual contributions.
8. User Responsibilities
You agree that you will:
- Obtain all necessary consent before recording or uploading audio involving other individuals
- Comply with all applicable laws, including recording and consent laws
- Not upload content that is illegal, infringing, harmful, or deceptive
You are solely responsible for your User Content.
9. User Representations and Warranties
You represent and warrant that:
- You own or have all necessary rights to your User Content
- You have obtained valid consent from all identifiable individuals included in your content
- Your content complies with all applicable laws
- Your content does not infringe any third-party rights
10. Prohibited Uses
You may not:
- Use the Services for unlawful purposes
- Attempt to reverse engineer or interfere with the Services
- Scrape, extract, or harvest data without authorization
- Attempt to re-identify individuals from datasets
- Create multiple accounts to circumvent restrictions
- Misuse or abuse the platform
11. AI Outputs Disclaimer
Outputs generated by Wisp (including transcripts, notes, and summaries):
- May be inaccurate or incomplete
- Should not be relied on as professional advice
Wisp does not guarantee the accuracy or reliability of outputs.
12. Data Licensing and Third-Party Use
Wisp may license datasets derived from User Content to third parties.
Third parties may use such data for AI training, research, and development.
Wisp does not control third-party use of data after transfer.
13. Termination
We may suspend or terminate your account:
- At any time
- For violations of these Terms
- For legal, security, or operational reasons
14. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
WISP DISCLAIMS ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF OUTPUTS
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WISP SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- LOSS OF DATA
- LOSS OF PROFITS
- ERRORS IN AI OUTPUTS
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
- $100, OR
- AMOUNTS PAID BY YOU (IF ANY) IN THE LAST 12 MONTHS
16. Indemnification
You agree to indemnify and hold harmless Wisp from any claims arising from:
- Your User Content
- Your violation of these Terms
- Your violation of applicable laws
- Your failure to obtain proper consent for recordings
- Any infringement of third-party rights
17. Dispute Resolution
These Terms are governed by the laws of the State of California.
Arbitration
Disputes will be resolved by binding arbitration on an individual basis.
You waive:
- Class action rights
- Jury trial rights
You may opt out of arbitration within 30 days by contacting: contact@wispai.app
18. Changes to Terms
We may update these Terms at any time.
Continued use of the Services constitutes acceptance of updated Terms.
19. Privacy
Your use of the Services is also governed by our Privacy Policy.