Terms of Service

These Terms of Service ("Terms") govern your access to and use of TamTone's website, applications, and related services (the "Service") provided by Interpret, Inc. ("TamTone," "we," "us," "our").

By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of an organization ("Customer"), you represent that you have authority to bind Customer, and "you" refers to both you and Customer.

1) The Service

TamTone provides tools to ingest, analyze, and generate insights from sales calls and related content, including AI-powered functionality. The Service may evolve over time; we may add, remove, or modify features.

2) Eligibility and Accounts

You must be legally able to enter into these Terms to use the Service.

You are responsible for:

• Maintaining confidentiality of your login credentials
• All activity under your account
• Ensuring account information is accurate and current

3) Acceptable Use

You agree not to:

• Use the Service in violation of law or regulation
• Upload/sync/process content you do not have rights or permissions to use
• Use the Service in a way that violates privacy, recording, wiretapping, or consent laws
• Interfere with, disrupt, or attempt unauthorized access to the Service
• Reverse engineer or attempt to extract source code except as permitted by law
• Use the Service to build a competing product using unauthorized copying of the Service or its non-public features

We may suspend or terminate access if we reasonably believe you are violating these Terms.

4) Customer Content; Permissions

"Customer Content" means any recordings, transcripts, text, metadata, files, or other materials you provide, upload, or sync to the Service, and any outputs derived from them.

You retain ownership of Customer Content. You grant TamTone a non-exclusive, worldwide license to host, reproduce, process, transmit, and display Customer Content solely to:

• Provide and operate the Service
• Secure, debug, and maintain the Service
• Generate outputs and insights you request

You represent and warrant that:

• You have all necessary rights to provide Customer Content
• You have obtained all required notices and consents from call participants and others (including for recording and analysis, where applicable)
• Customer Content does not infringe third-party rights or violate law

5) AI Features; Output

The Service may generate summaries, classifications, insights, or other outputs ("Output"), including by automated and AI-assisted means.

You acknowledge:

• Output may be inaccurate, incomplete, or inappropriate
• You are responsible for reviewing Output before relying on it
• The Service does not provide legal, compliance, or professional advice

6) Third-Party Services and Integrations

The Service may integrate with third-party services. Your use of third-party services is governed by their terms and policies, and TamTone is not responsible for third-party services.

7) Subscriptions, Billing, and Taxes

Some features require paid subscriptions.

If you purchase a subscription:

• Fees are billed in advance on a recurring basis unless stated otherwise
• Subscriptions renew automatically until canceled
• You authorize us (and our payment processor) to charge your payment method
• Taxes may apply and are your responsibility unless stated otherwise

Cancellation: You can cancel at any time; cancellation takes effect at the end of the then-current billing period unless otherwise stated. Except where required by law, fees are non-refundable.

8) Intellectual Property

TamTone and its licensors own all rights in and to the Service, including software, design, and trademarks. These Terms do not grant you any rights to TamTone branding except as necessary to use the Service.

9) Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAMTONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT OUTPUT WILL BE ACCURATE.

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• TAMTONE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• TAMTONE'S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO TAMTONE FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100 IF YOU HAVE NOT PAID)

Some jurisdictions do not allow certain limitations, so these may not fully apply to you.

11) Indemnification

You agree to defend, indemnify, and hold harmless TamTone from claims arising out of:

• Your Customer Content
• Your use of the Service in violation of these Terms or applicable law
• Your violation of third-party rights

12) Termination

You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms or if necessary to protect the Service or other users.

Sections that by their nature should survive termination will survive (including IP, disclaimers, limitations of liability, indemnification, and dispute resolution).

13) Governing Law

These Terms are governed by the laws of the State of California, excluding conflict-of-laws rules, except to the extent superseded by applicable federal law (including the Federal Arbitration Act as applicable).

14) Mandatory Arbitration; Class Action Waiver

Please read this section carefully. It affects your rights.

A. Agreement to arbitrate

You and TamTone agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except for: (i) claims in small claims court (if eligible), and (ii) claims seeking injunctive or other equitable relief for alleged infringement or misappropriation of intellectual property.

B. No class actions

You and TamTone agree to bring Disputes only on an individual basis. Class actions, class arbitrations, private attorney general actions, and other representative proceedings are not permitted. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

C. Arbitration rules and forum

Arbitration will be administered by JAMS under its applicable rules, as modified by these Terms. The seat of arbitration shall be San Francisco County, California. The arbitration may be conducted by video, phone, or based on written submissions, unless an in-person hearing is required.

D. Opt-out

You may opt out of arbitration by sending an email to [email protected] within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and sufficient information for us to identify your account. Opting out will not affect any other provisions of these Terms.

E. Severability

If the class action waiver is found unenforceable, then the arbitration agreement will be null and void as to that Dispute, and the Dispute will proceed in court.

15) Changes to the Terms

We may update these Terms from time to time. If changes are material, we will provide notice. Continued use after the effective date means you accept the updated Terms.

16) Contact

For questions about these Terms, contact: [email protected]