Last Modified: May 22, 2023
IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH KRISP ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Subject to these terms for the applicable term of your subscription, the Company grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to: (a) download, install, register with, use, and access Krisp and/or the Site for your personal use or internal business use on a computer owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms and Krisp’s documentation; and (b) access, download, and use on such Device the services made available in or otherwise accessible through Krisp, strictly in accordance with these Terms. Krisp is delivered electronically and you may extend said license to your Authorized Users and End Users, as applicable, and you are authorized to provide single-user copies of Krisp to each End User or Authorized User, as applicable, in accordance with the Terms. You represent and warrant that your Authorized Users or End Users, as applicable, acknowledge and accept these Terms, and you are responsible for the activities of your End Users or Authorized Users their compliance with these Terms. Krisp assumes no responsibility or liability for violations of these Terms by your Authorized Users or End Users, as the case may be.
You shall not: (a) copy Krisp, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Krisp; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of Krisp or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Krisp, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Krisp, or any content, features, or functionality of Krisp, to any third party for any reason, including by making Krisp available on a network where it is capable of being accessed by more than one device at any time, except as expressly authorized hereunder; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting Krisp; or (g) use Krisp in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
You acknowledge and agree that Krisp is provided under license, and not sold, to you. You do not acquire any ownership interest in Krisp under these Terms, or any other rights thereto other than to use Krisp in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to Krisp, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
We may from time to time in our sole discretion develop and provide application updates for Krisp and/or otherwise make changes to all or parts of Krisp and/or the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular content, features, or functionality. You also agree that we don’t guarantee that we will support the version of the system for which you licensed Krisp. Updates may not be compatible with software or services provided by third parties. Based on your Device settings, when your Device is connected to the internet either: (a) Krisp will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.
We may or may not backup any or all content, features, functionalities, services, or aspects of Krisp, including your settings; however, we take no responsibility for any such material that is lost, damaged, or deleted, and you hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.
Further, we reserve the right to in any way modify the content, features, functionality, status, settings, condition, and/or other features of Krisp for a user at any time, for any period, in our sole discretion, with or without reason or cause, and without notice.
You shall promptly download and install all Updates and acknowledge and agree that Krisp or portions thereof may not properly operate or may not operate at all should you fail to do so. You further agree that all Updates will be deemed part of Krisp and be subject to all terms and conditions of these Terms and you acknowledge and agree that you have read and accepted any updated terms and conditions that may accompany such Updates. Failure to comply with this Section may result in termination of your license to use Krisp and/or the Site.
From time to time, we may decide to discontinue support for certain older versions of Krisp. We will provide you with reasonable notice before such discontinuation takes effect, and we encourage you to update to the latest version of Krisp. In the event of version deprecation, we may stop providing maintenance, Updates, and technical support for the deprecated version, and we will not be responsible for any issues that may arise from your continued use of such deprecated version. By continuing to use the deprecated version after the notice period, you acknowledge and accept the risks associated with the use of an unsupported version of Krisp.
You acknowledge and accept that certain content, features, functionality, and/or services of Krisp may be unavailable to you unless you register an Account. You further acknowledge and accept that certain content, features, functionality, and/or services of Krisp may be available subject to payment by you.
We reserve the right to withdraw or change Krisp, and any content, features, functionality, and services we provide on Krisp, in our sole discretion, with or without reason or cause, and without notice. We will not be liable if for any reason all or any part of Krisp is unavailable at any time, for any period, or at all. Further, we also reserve the right to suspend, restrict, or otherwise limit users’ access to or use of Krisp at any time, for any period, or at all, in our sole discretion, with or without reason or cause, and without notice. From time to time, we may restrict access to some or all parts of Krisp, to users, including registered users.
Use. If the parties disclose Confidential Information to each other, the recipient will only use the disclosing party’s Confidential Information to exercise its rights and fulfill its obligations under these Terms. The recipient will use at least reasonable care to protect Confidential Information. For the purposes of these Terms, “Confidential Information” means information exchanged by the parties that would reasonably be understood to be confidential given the nature of the information and manner of disclosure, including business, product, technology, and marketing information, purchase orders, non-public payment terms, Your Content. Confidential Information does not include information that (i) is or becomes publicly known through lawful means; (ii) was known to the recipient prior to disclosure without confidentiality obligations; (iii) is received from a third party without breach of confidentiality obligations; or (iv) was independently developed by the recipient without use of or access to any Confidential Information.
Non-use and Non-disclosure. The recipient shall not use any Confidential Information of the disclosing party for any purpose except as necessary to perform their duties under these Terms. The recipient will not disclose Confidential Information to anyone except to its affiliates, employees, agents, or contractors who need to know it and who are bound by confidentiality obligations at least as protective of Confidential Information as those described in this section. The recipient will be responsible for those parties’ breach of this section. A breach of this section may cause irreparable harm and entitle the disclosing party to injunctive relief.
Compelled Disclosure. If recipient becomes legally compelled to disclose any Confidential Information, other than pursuant to a confidentiality agreement, recipient will provide disclosing party prompt written notice, if legally permissible, and will use its best efforts to assist disclosing party in seeking a protective order or another appropriate remedy. If disclosing party waives recipient’s compliance with this Agreement or fails to obtain a protective order or other appropriate remedy, recipient will furnish only that portion of the Confidential Information that is legally required to be disclosed; provided that any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.
Krisp, the Site, and its and their entire contents, features, functionality, and services (including but not limited to any and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, user accounts, Accounts, titles, computer code, themes, objects, avatars, avatar names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into Krisp and/or the Site, and the client and server software, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree that you have no rights or title in or to any content that appears in Krisp and/or the Site, including any virtual goods or currency appearing or originating in Krisp and any other attributes associated with your access and use of Krisp or stored on Krisp’s server. As provided above, all such content, features, and functionality shall be owned by the Company, its licensors, or other providers of such material.
To the extent you send or transmit any communications, comments, questions, or suggestions, or related materials to Krisp, whether by letter, e-mail, telephone, or otherwise, whether originating from you, your End User or Authorized User, suggesting or recommending changes to Krisp including, without limitation, new features or functionality relating thereto (“Feedback”), you hereby fully and exclusively assign to us any such Feedback upon creation. For any rights to such Feedback that cannot be assigned, you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully-transferable, worldwide license (with rights to sublicense through multiple tiers of sublicensing) under your and your licensors’ intellectual property rights to reproduce, prepare derivative works of, distribute, perform, display, and otherwise fully use, practice and exploit such Feedback for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that Krisp is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Krisp, except as follows: (i) your Device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Device for display enhancement purposes. For the avoidance of doubt, the limitations in this paragraph do not pertain to the content created using certain features of Krisp, if Krisp makes available such features to you (“Your Content”).
You must not: (i) modify copies of any materials from Krisp; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
The Company name, the names and application icons of Krisp, the Company and Krisp logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use any of the foregoing without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Krisp are the trademarks of their respective owners.
Your Content. As between you and us, you retain any copyright and other proprietary rights that you may hold in Your Content, including meeting transcripts and summaries. We may store Your Content only in connection with providing services to you – we do not monitor, sell or use such data for any purpose and we do not control how Your Content is processed. Only if you opt to get summaries of your meeting transcripts will we share your meeting transcripts with a third party service provider in order to provide AI-generated meeting summaries to you, in which case your use of meeting notes feature will also be subject to such third party terms. The list of our current third party service providers is available here. By using the services, you are giving Krisp your consent to store and process Your Content.
License Grant to other users. By providing Your Content through Krisp to other users of the Krisp services, you grant those users a non-exclusive license to access, use and distribute that Your Content as permitted by these Terms and the functionality of the services.
Access to Your Content. Krisp may permit you to share some of Your Content with other users of the services, or share Your Content outside of the services, or even make some of Your Content public for anyone to view. You acknowledge and agree that, although Krisp may provide certain features intended to allow you to restrict access to some of Your Content you create from others, you and not Krisp, are ultimately responsible for making Your Content secure and accessible to your intended audience. Krisp cannot guarantee that such part of Your Content will never be accessible by others. To the fullest extent permitted by law, Krisp is not responsible for the use of any of Your Content by users or non-users of the Krisp services or any third parties.
Your Content Representations and Warranties. Krisp assumes no liability for Your Content and it is your sole responsibility for any consequences arising from sharing Your Content through the services. By sharing Your Content through or outside of the services, you represent and warrant that: (a) you are the creator and owner of Your Content, or have the necessary licenses, rights, consents, and permissions to authorize Krisp and users of the Krisp services to use and distribute Your Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Krisp, the services, and these Terms; (b) Your Content, and its use as set out in these Terms, will not (i) infringe, violate, or misappropriate any third-party rights, including any intellectual property or proprietary right, such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other right; (ii) slander, defame, libel, or invade any other person’s privacy, publicity or other property rights, or (iii) cause Krisp to violate any law or regulation; and (c) Your Content cannot be deemed by a reasonable person to be profane, indecent, harassing, threatening, hateful, or otherwise inappropriate.
You agree not to use Krisp or the Site:
Additionally, you agree not to:
The information presented on or through Krisp and/or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of Krisp and/or the Site, or by anyone who may be informed of any of its contents.
Krisp and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by the Company, are solely the responsibility of the person or entity providing the same. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to Krisp and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions and privacy policies.
Krisp will be provided according to the subscription plan level you select. For an enterprise license, you may contact Company separately. You may opt to upgrade or downgrade to any other plan level that Company offers at any time during the period of your plan; provided that a downgrade will not be effective until the next renewal date.
Additional in-app purchases, when and if available, within Krisp will be added to your subscription, and you will be charged a fee and any applicable tax. You understand and agree that your Authorized Users may conduct activities, such as inviting a new user to join your subscription, which may result in additional fees to you. If you would like to limit the ability of your Authorized Users to invite a new user, you can disable this ability from the settings section of your Krisp app. You agree to pay Company or Company’s authorized reseller, as applicable, all fees. Fees will be billed by our authorized resellers or our third party payment provider to the credit card or other payment account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. Unless you have purchased Krisp through an authorized reseller You acknowledge and agree that Company or its third party payment provider will automatically charge your credit card or other payment account on record with Company in connection with your use of Krisp: in advance of each subscription term and at the time of purchase for any additional in-app purchases, when and if available, you make during the subscription term. Enterprise billing will be as agreed upon in writing by you and Krisp or Company’s authorized reseller, as applicable. Subscriptions will automatically-renew for the same term as the initial term, as set forth in the Term; Cancellation and Refund Section below. You represent and warrant to the Company that all of your payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If payment is not received by Company or Company’s authorized reseller or cannot be charged to your credit card or other payment account for any reason, Company reserves the right to either suspend or terminate your access to Krisp and terminate this Agreement. All fees are non-refundable, except as expressly stated otherwise in this Agreement.
We will provide, at no additional costs, standard support as set forth in our then-current Documentation (see Our Help Center), during the subscription term. In accordance with applicable Law and these Terms, we reserve the right to discontinue, modify our standard support and charge you for standard support.
You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when Company has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to Company or Company’s authorized reseller, as applicable. If all or any part of any payment owed to Company under these Terms is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to Company of the amounts otherwise payable under these Terms. Company may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next payment period. Company will provide written notice to you (or, if you have purchased through an authorized reseller, notice to the reseller) for any changes to the fees that affect the Krisp subscription purchased by you. Your continued use of Krisp after the price change becomes effective constitutes your agreement to pay the changed amount.
Krisp may offer rewards to users, in the form of credits or other forms, based on their actions on Krisp and in accordance with Krisp policies.
The term of your subscription to Krisp will automatically renew for successive terms equal in duration to the initial subscription term unless you cancel in advance of the renewal date by following the instructions in your account. If you do not cancel in advance of the renewal date, you will be charged applicable fees and taxes and such fees and taxes are non-refundable.
Subject to earlier termination as provided below, Company may terminate your account and these Terms at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies Company may have, Company may also terminate this Agreement upon ten (10) days’ notice (or two (2) days in the case of nonpayment to Company or Company’s authorized reseller, as applicable), if you breach any of the terms or conditions of these Terms.
All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Upon the termination of these Terms for any reason: (i) the licenses granted under these Terms for Krisp shall immediately terminate and you, your End Users or Authorized Users, as applicable, shall cease use of Krisp; (ii) Company will cease providing Krisp to you; (iii) you shall pay to Company or Company’s authorized reseller, as applicable, the full amount of any outstanding fees due hereunder; and (iv) each party will return or delete any other Confidential Information in its possession. No fees are refundable upon termination of these Terms for any reason.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF KRISP OR ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKS, APPLICATION OR WEBSITE ( EACH, A “PAGE”) LINKED TO IT.
YOUR USE OF KRISP, ITS CONTENT, FEATURES, INCLUDING, WITHOUT LIMITATION, KRISP MEETING NOTES FEATURE, FUNCTIONALITY, INCLUDING WITHOUT LIMITATION FUNCTIONALITIES ENABLED BY THIRD PARTY SERVICE PROVIDERS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP IS AT YOUR OWN RISK. KRISP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO KRISP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF KRISP, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES, AND ITEMS OBTAINED THROUGH KRISP, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT KRISP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT KRISP OR ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. KRISP IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY OF YOUR CONTENT, ACCOUNT INFORMATION, OR PERSONAL SETTINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, KRISP, ANY SITES LINKED TO IT, ANY CONTENT ON KRISP OR SUCH OTHER SITES OR SUCH OTHER PAGES OR ANY SERVICES OR ITEMS OBTAINED THROUGH KRISP OR SUCH OTHER SITES OR SUCH OTHER PAGES. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY GRIEVANCE, ACTION, OR COMPLAINT IN REGARDS TO KRISP OR BREACH BY US OF THESE TERMS IS TO DISCONTINUE YOUR USE OF KRISP. NOTWITHSTANDING ANYTHING CONTRARY IN THESE TERMS, OUR (AND OUR AFFILIATES’) AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (UNDER ANY LEGAL THEORY, CAUSE, OR GROUND, WHETHER IN CONTRACT, TORT, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THE COMPANY HAS ACTUALLY RECEIVED FROM YOU OR COMPANY’S AUTHORIZED RESELLER, AS APPLICABLE, DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GIVES RIGHT TO YOUR DAMAGE, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER. THIS LIMIT SHALL REMAIN IN EFFECT EVEN IF THERE IS MORE THAN ONE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You may choose to use early access trials or releases of new Krisp features or services identified as “alpha,” “beta,” “preview,” “early access,” “evaluation,” or other words or phrases with similar meanings (“Beta Services”) in your sole discretion. Notwithstanding anything to the contrary, Beta Services: (a) may not be supported and may be changed or discontinued at any time; (b) may not be as reliable or available as the main services made available in or otherwise accessible through Krisp; (c) have not been subjected to the same security or compliance reviews as the main services made available in or otherwise accessible through Krisp; (d) are Company’s Confidential Information; and (e) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, INDEMNITY, OR SUPPORT AND COMPANY’S LIABILITY FOR BETA SERVICES WILL NOT EXCEED FIFTY DOLLARS.
Krisp may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release Krisp to, or make Krisp accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making Krisp available outside the US.
Krisp is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Dispute Resolution. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Company expressly agree and intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, “Claims” means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) Krisp or the Site, including any and all contents, materials and software related thereto, and/or (ii) your use of Krisp or the Site.
Initiating Arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Company at 2342 Shattuck Ave., #367, Berkeley, CA 94704. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. The arbitration shall take place in San Jose, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.
Fees. You and Company will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Company to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit you to recover attorneys’ fees. Company will not seek to recover attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Class Action Waiver. YOU AND COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Company each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR COMPANY WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR COMPANY MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. “Commencing” means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by Company to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to Krisp or the Site, intellectual property rights of Company, and/or Company’s provision of Krisp or the Site.
Krisp is operated by Krisp Technologies, Inc., a Delaware corporation with an address at 2150 Shattuck Ave, Penthouse 1300, Berkeley, CA 94704.
All other feedback, comments, requests for technical support and other communications relating to Krisp should be directed to: [email protected]