Terms of Service

Last updated: September 18, 2025

These Terms of Service (the “Terms”) are a legal agreement between you and Audience AI, Inc. (“Audience AI,” “we,” “us,” or “our”) governing your access to and use of our website, applications, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

1) Eligibility; Accounts; Security

  • You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service. The Service is not directed to children under 13.
  • You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account.
  • Notify us immediately of any unauthorized use or security incident via Contact.

2) Recording & Consent

The Service may capture or process audio, transcripts, and question/answer content during practice sessions. By enabling recording or starting a session, you confirm that you have obtained all necessary consents required by law to record all participants. Certain jurisdictions (including California) require all-party consent.

  • Consent artifacts: We may display just-in-time disclosures and store timestamps/metadata to document consent. You agree not to record anyone without legally sufficient notice and consent.
  • Default privacy: Practice sessions are private to your account by default. You control any sharing.
  • Retention: Unless you change settings, recordings and transcripts may be automatically deleted after a retention period described in our Privacy Policy. Deleted content may persist for a limited time in backups that age out on a rolling basis.

3) Your Content; License

You retain ownership of slide decks, audio, transcripts, and other content you submit (“Your Content”). You grant Audience AI a worldwide, non-exclusive, royalty-free license to host, process, display, and create derivative works of Your Content solely as necessary to operate, secure, support, and improve the Service (e.g., to generate questions, produce transcripts, create thumbnails, and provide product support). We do not sell Your Content.

Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction.

4) Acceptable Use

  • Do not upload unlawful, harmful, or infringing content, or content you lack rights to share.
  • No unauthorized access, probing, scraping, or interference with the Service or its providers.
  • No attempts to bypass recording consent flows, rate limits, or security controls.
  • No use that violates privacy, intellectual property, or other rights of third parties.

5) Third-Party Services & AI Providers

We use third-party processors and model providers (e.g., cloud hosting, authentication, payments, transcription/AI) under written agreements to operate the Service. By using the Service, you authorize us to process Your Content with those providers solely to deliver the Service. Third-party terms may apply when you use their features directly.

6) Subscriptions, Trials, Auto-Renewal, & Cancellations

  • Some features require a paid subscription. Prices and limits are shown at checkout and/or in your account.
  • Auto-renewal. Subscriptions renew until canceled. You can cancel anytime in-app; cancellation takes effect at the end of the current term. We will send legally required renewal notices where applicable.
  • Free trials. If offered, we will disclose the length and price that begins after the trial unless you cancel first.
  • Payments are processed by our payment processor; we do not store full card numbers.
  • We may change prices or features on notice as required by law. Continued use after changes constitutes acceptance.

7) Self-Serve Deletion

You may delete your account and data in Settings. Deletion removes Your Content from production systems and queues it for deletion from backups, which expire on a rolling basis (see Privacy Policy for timelines). We may retain minimal information required by law (e.g., tax/transaction records) and to prevent fraud or abuse.

8) IP; DMCA

Except for Your Content, the Service and its content are owned by us or our licensors and protected by intellectual property laws. You may not use our trademarks without permission.

DMCA Notices. We comply with the Digital Millennium Copyright Act. To submit a notice or counter-notice, please use our contact form and select “DMCA.” We may terminate accounts of repeat infringers.

9) No Professional Advice; AI Output

The Service provides practice simulations and AI-generated prompts. AI outputs may be inaccurate or incomplete and are for practice only. The Service does not provide legal, financial, medical, or other professional advice, and you should not rely on it as such.

10) Service Changes; Beta Features

We may modify, suspend, or discontinue features. We may label some features as beta or experimental; they are provided with reduced or different support.

11) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

12) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AUDIENCE AI NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO AUDIENCE AI FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THESE TERMS LIMITS LIABILITY FOR WILLFUL MISCONDUCT OR WHERE OTHERWISE NOT PERMITTED BY LAW.

13) Indemnification

You will defend, indemnify, and hold harmless Audience AI and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from Your Content, your use of the Service, or your violation of these Terms or applicable law.

14) Dispute Resolution; Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief.

  • Arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Rules, before a single arbitrator, in San Francisco County, California, U.S.A.
  • Class/Jury Waiver. You and Audience AI agree to arbitrate only on an individual basis; class actions and class arbitrations are not permitted. You also waive any right to a jury trial.
  • Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by submitting a request through our contact form that includes your account email and a clear statement that you opt out of arbitration. If you opt out, or if the arbitration agreement is found unenforceable, the exclusive venue will be the state or federal courts in San Francisco County, California, and you consent to jurisdiction there.
  • Small Claims. Either party may bring an individual action in small-claims court.

15) Privacy; Data Practices

Your use of the Service is subject to our Privacy Policy, which explains what we collect, how we use it, retention periods (including backup aging), and your choices, including account deletion.

16) Accessibility

We strive to meet WCAG 2.1 AA where practicable. If you experience accessibility issues, please reach out via our contact form.

17) Export; Sanctions

You must comply with all applicable export control and sanctions laws. You may not use the Service if you are located in, or are a national or resident of, any country or region subject to comprehensive U.S. sanctions, or if you are a prohibited party.

18) Miscellaneous

  • Electronic Communications. You consent to receive communications electronically.
  • Assignment. You may not assign these Terms without our consent; we may assign them without restriction.
  • Severability; Waiver. If any provision is unenforceable, the rest remain in effect. Failure to enforce is not a waiver.
  • Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

19) Changes to These Terms

We may update these Terms. Material changes will be notified via the Service or email. The “Last updated” date reflects the latest version. Continued use after changes constitutes acceptance.

20) Contact

Questions, legal notices, or requests? Please use our contact form.

Important: These Terms include limitations of liability, disclaimers, an arbitration agreement, and a class action waiver. Some jurisdictions do not allow certain limitations; in those places, we limit our liability to the maximum extent permitted by law.
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