Terms of Service

1. Definitions

• "Service" means the Tarren desktop application, any companion web pages and APIs, and all related features and content provided by Tarren.
• "Account" means a user account registered with Tarren.
• "Workspace" means a logical grouping of Account data, currently limited to a single User per Workspace ("personal workspace"); team Workspaces will be available in a later version.
• "Content" means any meeting recording, transcript, summary, document, contact, message, or other material processed through the Service at your direction.
• "AI Output" means transcriptions, summaries, action items, document fills, and other artifacts produced by the Service's machine-learning components.
• "Subscription" means a paid plan you purchase to access features beyond the Free tier.

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2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is greater), and have the legal capacity to enter into binding contracts. The Service is not directed to children under 13, and we do not knowingly collect personal information from children.

You may not use the Service if you are barred from doing so under applicable law, are located in a jurisdiction subject to U.S. embargoes, or have previously been suspended or removed from the Service.

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3. Your Account

You are responsible for:

• maintaining the confidentiality of your Account credentials;
• all activity that occurs under your Account, including activity by anyone you authorize to access it; and
• notifying us promptly at andrewkidd@betterflow.ai of any unauthorized access or use.

You agree to provide accurate, current, and complete information when registering, and to keep that information up to date.

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4. Subscriptions, billing, auto-renewal, and cancellation

4.1 Subscriptions

The Service is available on tiered Subscription plans (Free, Pro, Business, Enterprise; specifics on the Service's pricing page). The features available on each tier may change with notice.

4.2 Payment processor

Paid Subscriptions are processed by Cybersource (a Visa company), our third-party payment processor. By providing payment information, you authorize Tarren and Cybersource to charge your payment method for the applicable Subscription fees, taxes, and any overage charges.

4.3 Billing cycle

Subscriptions renew automatically at the end of each billing cycle (typically monthly or annually) at the then-current rate, unless you cancel before the renewal date.

4.4 Auto-renewal disclosure

You are enrolling in an automatically-renewing Subscription. Until you cancel, your payment method will be charged on each renewal date for the next billing cycle. You may cancel at any time from your Account settings. Cancellation takes effect at the end of the then-current billing cycle. We will email you a renewal-reminder notice at least 7 days before each annual renewal.

4.5 Refunds

Subscription fees are non-refundable except where required by applicable law. If you cancel mid-cycle, you keep access until the end of the cycle but are not refunded the unused portion.

4.6 Taxes

Subscription fees do not include applicable sales, use, value-added, or similar taxes. You are responsible for any such taxes.

4.7 Failed payments

If your payment method fails, we will attempt to recharge it on a schedule that will not exceed four attempts over fourteen days. If all retries fail, we may suspend or downgrade your Subscription without further notice.

4.8 Price changes

We may change Subscription prices on at least 30 days' written notice (typically by email) before the change takes effect on your next renewal.

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5. License to use the Service

Subject to your compliance with these Terms, Tarren grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Tarren desktop application on devices you own or control, solely for your own use (or, in the case of Business and Enterprise plans, for use within your authorized organization).

You may not:

• copy, modify, reverse-engineer, decompile, or create derivative works of the Service, except as expressly permitted by law;
• sell, rent, lease, sublicense, or assign your access;
• remove or obscure proprietary notices;
• use the Service to build a competing product; or
• use any automated means to scrape, mirror, or replicate the Service.

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6. Recording, transcription, and AI processing — your responsibilities

This section is critical. Read it before recording anything.

6.1 You decide what to record

The Service captures audio from your device's microphone and system audio output only when you choose to record. You direct what is recorded, when, and with whom. The Service does not join meetings as a third-party participant; all audio capture happens locally on your device.

6.2 You are responsible for obtaining consent

You are solely responsible for obtaining all consents and providing all notices required by law before recording or transcribing any conversation or meeting. Recording laws vary by jurisdiction:

• U.S. federal law and most U.S. states are "one-party consent" — if you are a participant, you may record.
• Eleven U.S. states require all-party consent for at least some types of recording: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. Other jurisdictions may have similar rules.
• If any participant is in an all-party-consent jurisdiction, the stricter law generally applies, regardless of where you are.
• The European Economic Area, the United Kingdom, and other jurisdictions require a lawful basis (often explicit consent) to process personal data of participants under GDPR Article 6 or analogous laws.
• Real-time transcription is treated as recording for compliance purposes by most regulators and courts. Transcribing without consent carries the same risk as recording without consent.

You warrant and represent that, before each recording, you have obtained any consent legally required from every participant, and provided any notice or disclosure legally required. You will not rely on the Service's "Heads Up" disclosure features or auto-pasted chat notices as a substitute for obtaining consent that the law requires of you. See our Recording Consent Notice for notice templates.

6.3 No use on privileged or confidential conversations without consent

You will not use the Service to record, transcribe, or summarize:

• conversations protected by attorney-client privilege, doctor-patient privilege, clergy privilege, executive session, or any other legally recognized privilege, unless every privilege-holder has consented and you have considered whether use of the Service may waive that privilege;
• conversations covered by an NDA, confidentiality agreement, or trade-secret protection, unless you are authorized to record and to share the recording with the third-party vendors listed in the Privacy Policy; or
• conversations that you are otherwise not authorized to record.

6.4 No PHI in v1

The Service is not currently HIPAA-compliant. Until we publicly announce HIPAA mode and you affirmatively enable it on a Workspace, you must not record, transcribe, store, share, or process any Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"), or any analogous health-related personal information protected under non-U.S. law, through the Service.

You acknowledge that we have not signed Business Associate Agreements with all sub-processors required for HIPAA-grade processing, and that processing PHI through the Service may violate HIPAA, state health-information laws, and your own contractual obligations to patients and counterparties.

6.5 AI provider data handling

Your Content is processed by the third-party AI sub-processors listed in our Privacy Policy to deliver transcription, live assistance, summarization, action-item extraction, document fill, and the conversational agent. We configure these providers using their standard business data-protection settings. We do not, however, represent that any sub-processor retains no data or refrains from using submitted data to improve its own models, except to the extent a separate written agreement with that provider so requires. You remain responsible for not submitting Content you are not authorized to disclose to these sub-processors.

6.6 AI Output is informational, not authoritative

AI Output may contain errors, omissions, fabrications, mis-attributions, or biased interpretations. Transcriptions may be inaccurate, especially for accented speech, technical vocabulary, multi-speaker overlap, low-quality audio, and non-English content. Summaries and action items may misrepresent what was said. Document fills and follow-up drafts may include unsupported claims.

You are solely responsible for reviewing AI Output before relying on, sharing, sending, or acting on it. Tarren makes no representation or warranty as to the accuracy, completeness, or fitness of AI Output for any particular purpose.

6.7 Calendar, email, and CRM integrations

If you connect Google Calendar, Gmail, HubSpot, or any other third-party service, you are authorizing Tarren to read and write data on your behalf, subject to the OAuth scopes you grant. You remain responsible for the contents of any calendar events, email drafts, or CRM activities that the Service creates at your direction. Review every outbound action — Tarren may queue actions for your approval, but final responsibility is yours.

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7. Sharing — sender and recipient terms

7.1 You decide what to share

The Service includes features for sharing meeting summaries, transcripts, and AI Output with other users or with people outside your Workspace by email address ("Shares").

7.2 You warrant authority to share

By creating a Share, you represent and warrant that you have the legal right to disclose the underlying Content and AI Output to the recipient, including any required consents from other participants, the absence of a privilege or NDA prohibiting disclosure, and compliance with any data-protection law applicable to the personal data of any third party included in the Content.

7.3 Recipient acceptance

Recipients of a Share who are not yet Tarren users must install the Tarren desktop application and accept these Terms before the Service displays the shared Content to them. Each recipient is independently bound by these Terms upon acceptance.

7.4 Revocation does not undo prior disclosure

You may revoke a Share at any time from the originating meeting page. Revocation prevents further access by the recipient but does not retrieve, delete, or unwind anything the recipient has already viewed, copied, screenshotted, printed, or memorized. The Service preserves the audit trail of disclosures regardless of revocation.

7.5 Recipients pay for their own AI use

If a recipient uses the Ask-Tarren feature against shared Content, those AI requests are charged against the recipient's Subscription, not the sender's.

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8. Acceptable use

You agree to comply with our Acceptable Use Policy ("AUP"), incorporated by reference. Violating the AUP is a material breach of these Terms.

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9. Your Content; ownership; license to us

9.1 You own your Content

As between you and Tarren, you retain all rights to Content you submit through the Service. We claim no ownership of your meeting recordings, transcripts, summaries, documents, or contact data.

9.2 License to operate the Service

You grant Tarren a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and back up your Content solely as needed to provide and improve the Service for you. This license terminates when you delete the Content or your Account, except where retention is required by law.

9.3 No training on your Content by us

Tarren does not train, fine-tune, or otherwise build machine-learning models from your Content.

9.4 Feedback

If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use the feedback for any purpose, without obligation to compensate you.

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10. Tarren's intellectual property

The Service, including its software, design, logos, marks, content, and documentation (other than your Content), is owned by Tarren or its licensors and is protected by intellectual-property laws. These Terms do not grant you any rights to Tarren's intellectual property except the limited license in Section 5.

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11. Third-party services and sub-processors

The Service relies on third-party providers, including for AI processing, transcription, hosting, payments, email delivery, and calendar/email/CRM integrations. The current list and roles of these sub-processors is in our Privacy Policy. We may update sub-processors with notice, and your continued use after notice constitutes acceptance.

When you connect a third-party service (such as Google Calendar or HubSpot), your use of that service is also governed by that provider's own terms and privacy policy, which we do not control.

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12. Confidentiality

Each party will protect the other's confidential information with at least the same degree of care it uses for its own confidential information of similar sensitivity, and never less than reasonable care. Confidential information does not include information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, or is independently developed without reference to the disclosing party's information.

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13. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by applicable law, Tarren disclaims all warranties of any kind, whether express, implied, or statutory, including without limitation warranties of:

• merchantability;
• fitness for a particular purpose;
• non-infringement;
• accuracy, completeness, or reliability of any AI Output;
• fitness of any transcription or summary for any legal, medical, financial, or evidentiary purpose;
• uninterrupted or error-free operation; and
• security, integrity, or non-loss of any Content.

You acknowledge that AI systems can produce false, misleading, or fabricated outputs and that you must verify any AI Output before relying on it. Tarren is not a substitute for human review, professional advice, or independent record-keeping.

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14. Limitation of liability

To the maximum extent permitted by applicable law:

14.1 No indirect damages

Tarren will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of opportunity, business interruption, or cost of substitute services, even if Tarren has been advised of the possibility of such damages.

14.2 Cap on direct damages

Tarren's total cumulative liability for all claims arising out of or relating to these Terms or the Service, regardless of theory (contract, tort, statute, or otherwise), will not exceed the greater of (a) the amount you paid Tarren in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

14.3 Carve-outs

Sections 14.1 and 14.2 do not limit your liability under Section 15 (Indemnification), nor do they limit either party's liability for fraud, willful misconduct, gross negligence, infringement of the other party's intellectual property, or any other liability that may not be limited under applicable law.

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15. Indemnification

You will defend, indemnify, and hold harmless Tarren and its officers, directors, employees, contractors, and affiliates from any claim, demand, or proceeding (including reasonable attorneys' fees) arising out of:

• your Content or your use of the Service in violation of these Terms;
• your failure to obtain consents required by law for any recording, transcription, or sharing;
• your processing of PHI through the Service before HIPAA mode is publicly available and enabled on your Workspace;
• your sharing of Content that infringes a third party's privacy, intellectual-property, or contractual rights; and
• your violation of any law or any third party's rights through the Service.

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16. Term and termination

16.1 Term

These Terms remain in effect while you have an Account.

16.2 Termination by you

You may terminate at any time by canceling your Subscription and deleting your Account from the Service.

16.3 Termination by Tarren

We may suspend or terminate your access immediately, without notice, if:

• you materially breach these Terms or the AUP;
• your use of the Service exposes Tarren to legal, financial, or reputational risk;
• you fail to pay fees when due, after a reasonable cure period;
• we are required to do so by law or court order; or
• you become insolvent or subject to bankruptcy proceedings.

We may also discontinue any portion of the Service, or the entire Service, on at least 60 days' notice, except where shorter notice is required by law or operational necessity.

16.4 Effect of termination

On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 9, 10, 12, 13, 14, 15, 17, and 18) survive. We will retain your Content for at least 30 days after termination so you can request an export, after which we may delete it, except where law or our internal audit-log retention obligations require longer retention.

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17. Governing law and dispute resolution

17.1 Governing law

These Terms are governed by the laws of the State of New York, excluding its conflict-of-laws principles, and the federal laws of the United States, where applicable.

17.2 Informal resolution first

Before filing any formal claim, you agree to contact us at andrewkidd@betterflow.ai and try in good faith to resolve the dispute for at least 30 days.

17.3 Arbitration

Any unresolved dispute will be finally resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for non-consumer disputes, its Commercial Arbitration Rules). The arbitration will be held in New York County, New York, in English. Judgment on the award may be entered in any court of competent jurisdiction.

17.4 Class action waiver

You and Tarren each waive any right to participate in a class action, collective action, or representative action against the other. Disputes will be brought only individually. If a court finds this waiver unenforceable as to a particular claim, that claim must proceed in court rather than in arbitration; the rest of this Section 17 remains in force.

17.5 Equitable relief

Notwithstanding Section 17.3, either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information.

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18. Miscellaneous

18.1 Entire agreement

These Terms, the AUP, the Privacy Policy, and any order forms or signed addenda are the entire agreement between you and Tarren regarding the Service, and supersede any prior agreements.

18.2 Modifications

We may update these Terms from time to time. We will give you at least 30 days' notice of material changes (typically by email and in-app banner). Your continued use after the effective date of the change constitutes acceptance. If you do not agree, your sole remedy is to cancel your Subscription and stop using the Service.

18.3 No waiver

A failure or delay by Tarren to enforce any right under these Terms is not a waiver of that right.

18.4 Severability

If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted by law.

18.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law.

18.6 No agency

Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and Tarren.

18.7 Notices

Notices to you may be sent to the email address associated with your Account. Notices to us must be sent to andrewkidd@betterflow.ai (our registered mailing address is available on request).

18.8 Force majeure

Neither party will be liable for delays or failures due to causes beyond reasonable control, including acts of God, natural disasters, internet failures, government actions, war, terrorism, civil disorder, or labor disputes.

18.9 Headings

Section headings are for convenience only and do not affect interpretation.

18.10 Government use

The Service is "commercial computer software" within the meaning of FAR 12.212 and DFARS 227.7202. Use by U.S. government end users is subject to these Terms.

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Contact

andrewkidd@betterflow.ai · Better Flow Ai, LLC.