Terms of Service

Thanks for using Clarke.ai - a Steno solution!
The following outlines our terms of service with brief explanations of the terms of use.
These brief explanations serve to assist in your understanding of these terms are not legally binding.

DESCRIPTION OF SERVICES
Steno, Inc. (“Steno”, “Us” or “We”) provides via its website (the “Site”) and application solutions to simplify Your audio and text into useful information (collectively, the “Services”). Additional Services may be offered to You from time to time. The following are the terms of service (“Terms”) for using the Steno website and the Services.

TL;DR

We provide a service to simplify audio and text into useful information. We will develop more features and Services in the future.

ACCEPTANCE OF TERMS

BY USING OUR SERVICES YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU ARE USING OUR SERVICES FOR AN ORGANIZATION, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY ON BEHALF OF THAT ORGANIZATION. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF OF ANY SUCH PERSON(S), DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY USING THE SERVICES, CANCEL YOUR ACCOUNT.


TL;DR

By using the Services provided by Steno You agree to all the terms below.

MODIFICATION OF TERMS

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). You shall be responsible for reviewing and becoming familiar with any such modification. By continuing to use or access the Services after the revisions come into effect, You agree to be bound by the revised Terms.


TL;DR

If these terms change, We will notify You.

INTERRUPTION OF SERVICE

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Steno. Steno reserves the right to suspend or discontinue the availability of the Site and/or any Service at any time at its sole discretion and without prior notice. Steno may also impose limits on certain features and Services or restrict Your access to parts of or all of the Site and the Services without notice or liability.


TL;DR

Sometimes things can go wrong and the Site or the Services may be interrupted. It’s, unlikely, but You can’t hold it against us.

REGISTRATION

When You use our Services, You are required to open an account with Us and provide other registration information (“Your Stuff”). Your Stuff is Yours. These Terms don’t give Us any rights to Your Stuff except for the limited rights that enable Us to offer the Services. The registration information You provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your access to the Services. Services are available to authorized representatives of legal entities and to individuals who are at least 18 years old.


TL;DR

To fully use the Services, You need to create Your own account, without violating other people’s rights.

CONTENT SUBMITTED

You retain all right, title and interest (including any intellectual property rights) in and to all content concerning transcription, recording, sharing, searching, and all other data in connection with the Services (the “Customer Data”). You hereby grant Steno a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, and modify the Customer Data solely to the extent necessary to improve the specific software-as-a service product of Steno, including any related code developed and provided by Steno to You for use in connection with the Services and any end user technical documentation provided with the Services.


TL;DR

Your data is Yours, but We may use it to improve our Services.

INTELLECTUAL PROPERTY

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant You any right, title or interest in the Services, others’ content in the Services, Steno trademarks, logos or other brand features such as Claire AI, Claire Clarke, etc. These Terms expressly prohibit and neither these Terms nor Your use of the Services or access to the Site grant You any right to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the Services or any related code developed and provided by Steno, in whole or in part. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, its content and the Services are owned by Steno.

Neither these Terms nor Your access to the Site transfers to You or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Steno reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms. Any use of the Site or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.


TL;DR

We think our Steno name and logos and Services are pretty cool, and they help distinguish Us from other companies. Please don’t use them without our permission.

TERMINATION

You are free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice, including, without limitation, if You breach the Terms. Upon termination of Your account, Your right to use the Services will immediately cease. We’ll of course provide You with notice via the email address associated with Your account before We do so.


TL;DR

We may stop providing Services and You can stop using Your account or close Your account at any time.

COMPLIANCE WITH THE LAWS

Please note that while Steno offers You a tool to record telephone conversations, if You choose to use the Services, then You must comply with all state and federal laws, regulations and rules prior to recording any telephone calls and You expressly warrant and represent to Steno that You shall comply at all times. In particular, You are solely responsible for giving a person to whom You make a call while using the Services and a person to whom You receive a telephone call from any necessary warning about the recording. We make no representations or warranties with respect to call recordings and recommend that You always secure consent before recording.


TL;DR

You need to be aware of all state and federal recording law while using the Services. If You violate any, We won’t be liable.

WARRANTY DISCLAIMER

THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS”, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS.


TL;DR

You agree to use the site and service as is.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STENO (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OR PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


TL;DR

We want to limit the amount and type of damages We can be held responsible for.

INDEMNIFICATION

You agree to defend, indemnify and hold Steno, its affiliates, licensees, and service providers harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following: (i) Your content or Your access to or use of the Site or the Services; (ii) Your breach or alleged breach of these Terms; (iii) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by You; or (vi) or any other act or omission in connection with call recordings or Your use of the Services, whether such claims arise under contract, tort, statute or other legal theory. You will cooperate as fully required by Steno in the defense of any claim.

Steno reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of Steno


TL;DR

In the rare case We are sued because of something You do, You must defend Us. This means Steno is innocent from all claims, liabilities, damages etc., resulting from the suit. You will have to pay all the fees and costs.

ARBITRATION

If Steno has not been able to resolve a dispute with You, You and Steno agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with these Terms through final and binding arbitration by the American Arbitration Association (”AAA), except as set forth below.

AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Unless You and Steno otherwise agree, the arbitration will be held in the s county where Steno resides.

Either You or Steno may assert claims, if they qualify, in small claims court in New York (NY) or any United States county where You live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration. If the agreement to arbitrate is found not to apply to You or Your claim, You agree to the exclusive jurisdiction of the state and federal courts in New York City, New York to resolve Your claim.
You can decline this agreement to arbitrate by contacting Us at info@clarke.ai and complying with all opt out instructions within 30 days of first accepting these Terms.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STENO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION


TL;DR

Let’s try to work out differences between us first. If that seems unlikely, We agree to arbitration only.

MISCELLANEOUS

Governing Law. These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles.

Entire Agreement.These Terms constitute the entire agreement between You and Steno and govern Your use of the Site and the Services, superseding any prior agreements between You and Steno.

Assignment.You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Steno. Any purported assignment or delegation by You without the appropriate prior written consent of Steno will be null and void. Steno may assign these Terms or any rights hereunder without Your consent.

Severability.If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions and the remaining provisions of these Terms will remain in full force and effect.

Amendment. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms of Use do not confer any third-party beneficiary rights.

Waiver.No waiver by Steno of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Steno to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


TL;DR

These are standard provisions You would find in any legal document. They help govern the application and interpretation of these Terms.

Last updated October 10, 2016