⚠️ IMPORTANT NOTICES — PLEASE READ

ARBITRATION NOTICE

Except for certain disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND TWINMIND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

RECORDING CONSENT NOTICE

Our Services enable audio recording, transcription, and processing of conversations. YOU ARE SOLELY RESPONSIBLE for ensuring your use complies with all applicable Recording Laws, including obtaining consent from all parties where required. See Section 4 for critical details. Failure to comply may result in civil and criminal liability.

AI OUTPUT DISCLAIMER

Our Services use artificial intelligence that may produce inaccurate, incomplete, or misleading outputs. You must independently verify all AI-generated content before relying on it. See Section 6 for details.

1. Eligibility

1.1 Age Requirement

You must be at least 18 years old to use the Services.

1.2 Representations

By using the Services, you represent and warrant that:

• You are at least 18 years of age

• You have the legal capacity to enter into these Terms

• You are not barred from using the Services under applicable law

• If using on behalf of an organization, you have authority to bind that organization

If you use the Services on behalf of an organization, references to "you" include that organization, and you represent that you have authority to bind it to these Terms.

1.3 Geographic Availability

The Services may not be available in all jurisdictions. You are responsible for compliance with local laws where you access the Services.

2. Account Registration and Security

2.1 Account Creation

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete registration information

• Maintain and update your information to keep it accurate

• Maintain the confidentiality of your login credentials

• Accept responsibility for all activities under your account

2.2 Account Security

You must:

• NOT share your account credentials with others

• Notify us immediately at support@twinmind.com if you suspect unauthorized access

• NOT use another person's account without permission

You are responsible for all activities that occur under your account, whether or not you authorized them.

2.3 Organizational Accounts

If your employer or organization provisions your account:

• Certain administrators may have access to your account and content

• The organization's policies may apply in addition to these Terms

• "You" refers to both you individually and the organization

3. Description of Services

TwinMind provides AI-powered tools that can:

• Record, transcribe, and summarize audio (meetings, calls, voice notes)

• Analyze and index transcripts for search and recall

• Provide contextual answers and suggestions based on your data

• Integrate with third-party tools (calendar, conferencing, email, browsers)

The specific features available to you may depend on your plan, location, device, or version. We may introduce new features, modify existing ones, or discontinue parts of the Services at any time, subject to Section 15.

4. Recording, Transcription, and Recording Laws

⚠️ CRITICAL — YOUR LEGAL RESPONSIBILITY

TwinMind is not a law firm and does not provide legal advice. It is YOUR sole responsibility to understand and comply with all Recording Laws and privacy laws applicable to your use of the Services.

4.1 Your Responsibilities

By using ANY recording or transcription feature (including ambient detection, meeting bots, or browser integrations), you agree that you alone are responsible for:

A. Determining Legality

Ensuring that recording, monitoring, or transcribing conversations is lawful in:

• Your jurisdiction

• The jurisdictions of ALL participants

B. Providing Notice and Obtaining Consent

Providing all notices and obtaining all consents, permissions, and authorizations required by law from:

• ALL participants in meetings or calls you record

• ANY individuals whose voices may be captured by ambient recording

C. Configuring the Services Appropriately

Using available settings (turning off recording, disabling features, uninstalling extensions) where recording would be unlawful or unwanted.

D. Complying with Third-Party Terms

Following the terms of any third-party platforms you use (Zoom, Google Meet, Teams, email providers, etc.).

E. Notifying TwinMind

If you cannot comply with applicable Recording Laws when using a feature, you must not use that feature.

4.2 Two-Party Consent Jurisdictions

Many jurisdictions require consent from ALL parties before recording:

United States (two-party consent states): California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, Washington

International: United Kingdom, Germany, France, Spain, Italy, Netherlands, Australia, Canada (varies by province), Japan, South Korea, Brazil, and many others

4.3 TwinMind Does NOT:

• Automatically notify other participants of recording

• Monitor or verify your compliance with Recording Laws

• Determine whether recording is lawful in your situation

• Accept responsibility for your violations of Recording Laws

4.4 Representations and Warranties

You represent and warrant that:

(a) You have obtained, and will maintain, all necessary rights, licenses, and consents required under applicable laws (including Recording Laws and privacy laws) to:

• Record, transcribe, and process conversations using the Services

• Permit TwinMind and our providers to process that content as described in these Terms and our Privacy Policy

(b) Your use of the Services will not violate any third-party rights (including privacy, publicity, or intellectual property rights) or any applicable laws.

4.5 Recording-Specific Indemnity

In addition to the general indemnity in Section 13, you agree to indemnify, defend, and hold harmless TwinMind and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) Your recording, monitoring, or transcription of any person or communication using the Services;

(b) Your failure to comply with applicable Recording Laws;

(c) Your failure to obtain required consents from participants;

(d) Any claim by a third party that was recorded, transcribed, or otherwise processed through your use of the Services without proper consent.

4.6 Consequences of Non-Compliance

Violations of Recording Laws may result in:

• Significant civil liability (damages, statutory penalties, injunctions)

• Criminal penalties (fines, imprisonment in some jurisdictions)

• Immediate termination of your TwinMind account

• Required indemnification of TwinMind for all related costs

If you are uncertain about legal requirements, consult a qualified attorney before using recording features.

5. User Content and Licenses

5.1 User Content Defined

"User Content" means any data, content, or materials you input, upload, record, or make available through the Services, including:

• Audio recordings, transcripts, summaries, notes

• Files, links, and attachments

• Content from connected services (calendar events, meeting details) you authorize

5.2 Your Ownership

You retain ownership of your User Content, subject to any rights held by third parties.

5.3 License to TwinMind

To operate and improve the Services, you grant TwinMind and its affiliates a worldwide, non-exclusive, royalty-free license to:

• Host, store, reproduce, process, and display User Content

• Create derived representations (transcripts, summaries, embeddings, indexes)

• Use User Content (in de-identified or aggregated form where feasible) for internal research, product improvement, and analytics

This license:

• Is limited to purposes described in these Terms and our Privacy Policy

• Continues only as long as reasonably needed to provide the Services

• Terminates when you delete your content or account (subject to backup retention)

5.4 Model Training

We do NOT use your specific transcripts, recordings, or audio to train our proprietary AI models by default. You can control model training preferences in your account settings. We may use aggregated, de-identified usage data (e.g., "average meeting duration") to improve system performance.

Exceptions: Even if you have not opted in, we may use content that has been:

• Flagged for safety, security, or policy review

• Explicitly reported through feedback mechanisms

Third-Party AI Providers: We contractually prohibit our AI providers from using your data to train their models.

5.5 Representations Regarding User Content

You represent and warrant that:

• You own or have rights to all User Content you submit

• Your User Content does not infringe any third-party rights

• You have obtained all necessary consents for any recordings

• Your User Content complies with all applicable laws

You are solely responsible for your User Content.

6. AI Features and Disclaimers

6.1 Nature of AI Output

TwinMind's AI features (including transcriptions, summaries, suggestions, Q&A, and other generated content, collectively "AI Output") are produced using machine-learning models, including models from third-party providers.

6.2 AI Output Limitations

AI Output can be inaccurate, incomplete, misleading, biased, or outdated.

You understand and agree that:

(a) No Guarantee of Accuracy: AI technology is inherently probabilistic. Outputs may contain errors, hallucinations, omissions, or misstatements.

(b) Informational Purposes Only: AI Output is provided for informational purposes only.

(c) Not Professional Advice: AI Output does NOT constitute legal, medical, financial, tax, or other professional advice.

(d) Your Responsibility: You must independently evaluate and verify the accuracy and suitability of ALL AI Output before using or relying on it.

(e) No Reliance for Critical Decisions: Do NOT use AI Output as the sole basis for decisions affecting health, safety, legal rights, financial matters, or other significant consequences.

(f) No Liability: TwinMind has NO LIABILITY for actions taken, decisions made, or consequences arising from reliance on AI Output.

6.3 Recording Admissibility

TwinMind does NOT guarantee that recordings or transcriptions will be admissible as evidence in legal proceedings or comply with any particular legal requirements.

7. Intellectual Property

7.1 TwinMind Ownership

The Services (including software, user interfaces, designs, logos, algorithms, and other materials) are owned by TwinMind or our licensors and protected by intellectual property laws.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

7.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the Services

• Reverse engineer, decompile, or attempt to extract source code (except as permitted by law)

• Resell, rent, lease, or sublicense the Services

• Use the Services to build competing products

• Remove or alter proprietary notices

• Use automated means (bots, scrapers) to access the Services without permission

• Circumvent access controls, rate limits, or security measures

7.4 Feedback

Feedback you provide about the Services may be used by TwinMind for any purpose without obligation or compensation to you.

8. Privacy

Your use of the Services is subject to our Privacy Policy at https://twinmind.com/legal/privacy-policy, which is incorporated by reference.

For enterprise customers, our data processing obligations may also be governed by a separate Data Processing Agreement (DPA). In case of conflict, the DPA controls that enterprise customer's data.

9. Third-Party Services and Integrations

9.1 Third-Party Services

The Services may integrate with third-party services (calendar, conferencing, AI providers, etc.). Your use of third-party services is governed by their terms and privacy policies. TwinMind is not responsible for their actions or omissions.

9.2 AI Providers

We route data to third-party AI providers (OpenAI, Anthropic, Google, Groq, Fireworks, etc.) to generate AI Output. We:

• Select providers with robust security practices

• Configure them so your data is NOT used to train their general-purpose models (where available)

• May change or substitute providers at any time

9.3 Links

The Services may contain links to third-party websites. We are not responsible for their content or practices.

10. Prohibited Activities

You agree NOT to:

(a) Use the Services for any illegal purpose or in violation of any laws

(b) Record conversations without required consent under applicable Recording Laws

(c) Violate any third-party rights (privacy, publicity, intellectual property)

(d) Upload content that is illegal, harmful, fraudulent, defamatory, obscene, hateful, or discriminatory

(e) Impersonate any person or entity

(f) Interfere with or disrupt the Services or servers

(g) Attempt to gain unauthorized access to any part of the Services

(h) Use automated systems (bots, scrapers) without authorization

(i) Transmit viruses, malware, or other malicious code

(j) Harass, abuse, or harm others

(k) Collect personal information about users without consent

(l) Overburden or damage our systems

(m) Circumvent security measures

(n) Use the Services to build competing products or conduct competitive analysis

(o) Use the Services to capture sensitive data (banking credentials, health information) from third parties without proper authorization

We may suspend or terminate your access if we reasonably believe you have violated these Terms.

11. Fees, Subscriptions, and Payment

11.1 Pricing

Some features require paid subscriptions. Current pricing is at https://twinmind.com. Fees are in U.S. dollars unless otherwise specified.

11.2 Payment Processing

Payments are processed by third-party providers. We do NOT store full payment card information.

11.3 Subscriptions

Subscriptions automatically renew at the end of each term unless you cancel before renewal. You authorize us to charge your payment method for recurring fees.

11.4 Trials

We may offer free or discounted trials. If you do not cancel before the trial ends, your subscription may convert to a paid plan.

11.5 Cancellation

You may cancel at any time through account settings. Cancellation takes effect at the end of the current billing period. Payments are non-refundable except where required by law or expressly stated.

11.6 Price Changes

We may change prices with at least 30 days' notice. Continued use after price changes constitutes acceptance.

11.7 Taxes

Fees are exclusive of applicable taxes, which may be charged as required by law.

12. Disclaimers

12.1 "As Is" Basis

THE SERVICES AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 No Guarantees

TwinMind does NOT warrant that:

• The Services will be uninterrupted, secure, or error-free

• Defects will be corrected

• The Services or AI Output will be accurate, reliable, complete, or suitable for your purposes

• Data you store will not be lost or corrupted

12.3 Your Risk

You use the Services and rely on AI Output at your own risk.

12.4 Jurisdictional Limitations

Some jurisdictions do not allow certain disclaimers. In such jurisdictions, some of the above may not apply to you.

12.5 HIPAA Disclaimer

The Services are NOT HIPAA-compliant by default. Do not use the Services to store or process Protected Health Information (PHI) unless you have entered into a Business Associate Agreement (BAA) with TwinMind. Enterprise customers requiring HIPAA compliance should contact support@twinmind.com.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TWINMIND OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Indirect, incidental, special, consequential, exemplary, or punitive damages

• Loss of profits, revenue, data, goodwill, or other intangible losses

• Damages resulting from unauthorized access to your data

• Damages resulting from interruption or cessation of Services

• Damages resulting from reliance on AI Output

• Damages resulting from your violation of Recording Laws

WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Liability Cap

TWINMIND'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(a) The amounts you paid to TwinMind in the 12 months before the event giving rise to the claim; or

(b) One Hundred U.S. Dollars (US $100)

13.3 Basis of the Bargain

These limitations reflect the allocation of risk between the parties and are an essential element of the basis of the bargain. The Services would not be provided without these limitations.

13.4 Exceptions

Nothing in these Terms limits liability that cannot be limited under applicable law (e.g., for death or personal injury caused by negligence in certain jurisdictions).

14. Indemnification

14.1 General Indemnity

You agree to indemnify, defend, and hold harmless TwinMind (ThirdEar AI, Inc.,) and their respective officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your access to or use of the Services

(b) Your User Content

(c) Your violation of these Terms or applicable law

(d) Your violation of any third-party right (intellectual property, privacy, publicity)

(e) Any dispute between you and any third party relating to your use of the Services

(f) Your negligence or willful misconduct

14.2 Recording-Specific Indemnity

The recording-specific indemnity in Section 4.5 is in addition to this general indemnity.

14.3 Procedures

TwinMind reserves the right to assume exclusive defense of any claim subject to indemnification. You agree to cooperate with our defense. You may not settle any claim without our prior written consent.

15. Term and Termination

15.1 Term

These Terms are effective when you accept them and continue until terminated.

15.2 Termination by You

You may terminate at any time by:

• Deleting your account through Settings

• Contacting support@twinmind.com

15.3 Termination by TwinMind

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

• Material breach of these Terms

• Violation of Recording Laws or other applicable laws

• Conduct harmful to other users or TwinMind

• Non-payment of fees

• Legal or regulatory requirement

• Any other reason at our sole discretion

We will use reasonable efforts to provide advance notice where practicable.

15.4 Effect of Termination

Upon termination:

• Your right to use the Services ends immediately

• We may delete or anonymize your User Content per our Privacy Policy

• Surviving provisions include: Sections 5.3-5.5 (licenses), 6 (AI disclaimers), 7 (IP), 12 (disclaimers), 13 (limitation of liability), 14 (indemnification), 16 (arbitration), and 17 (general provisions)

16. Dispute Resolution and Arbitration

16.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.

16.2 Informal Resolution First

Before initiating arbitration, you must send a written Pre-Arbitration Notice to:

TwinMind (ThirdEar AI, Inc.)

251 Little Falls Drive

Wilmington, DE 19808

Email: legal@twinmind.com

The Notice must include:

(a) Your name and contact information

(b) Description of the dispute

(c) The relief sought

We will attempt to resolve the dispute informally for 60 days before arbitration. Compliance with this process is mandatory and a condition precedent to arbitration.

16.3 Binding Arbitration

If informal resolution fails, disputes will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

• Location: Santa Clara County, California (or by phone/video if agreed)

• Language: English

• Arbitrator: Single arbitrator

• Decision: Final and binding; judgment may be entered in any court with jurisdiction

16.4 Arbitration Fees

The AAA Rules govern fees. TwinMind will pay all arbitration filing fees for claims under $10,000 unless the arbitrator finds your claim frivolous.

16.5 CLASS ACTION WAIVER

YOU AND TWINMIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may NOT consolidate claims or preside over any class or representative proceeding.

16.6 Mass Arbitration Procedures

If 25 or more similar disputes are filed against TwinMind by the same or coordinated counsel ("Mass Filing"), the following procedures apply:

Stage One: Each side selects 25 disputes to proceed as bellwether arbitrations. Remaining disputes are stayed. After Stage One, parties participate in mediation (TwinMind pays mediator fees).

Stage Two: If unresolved, each side selects 50 additional disputes. After Stage Two, another mediation session occurs.

Stage Three: Remaining disputes proceed in batches through mutually agreed process.

Statutes of limitations are tolled during Mass Filing procedures.

16.7 Exceptions to Arbitration

Either party may bring an individual action:

• In small claims court (if eligible)

• To seek injunctive or equitable relief to prevent unauthorized use, abuse, or infringement of intellectual property

16.8 Opt-Out

You may opt out of arbitration (but not other Terms provisions) by sending written notice to legal@twinmind.com within 30 days of first accepting these Terms, including:

• Your full name

• Email address associated with your account

• Clear statement that you wish to opt out

If you opt out, disputes will be resolved in the state or federal courts in Santa Clara County, California.

16.9 Severability

If the class action waiver is found unenforceable for a particular claim, only that claim may proceed in court while remaining claims proceed in arbitration.

16.10 Future Changes

If we materially change this arbitration section, you may reject the change by sending notice within 30 days. You would then be bound by the prior version.

17. General Provisions

17.1 Entire Agreement

These Terms (together with the Privacy Policy and any referenced documents) constitute the entire agreement between you and TwinMind regarding the Services.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

17.3 No Waiver

Our failure to enforce a provision is not a waiver of our right to do so later.

17.4 Assignment

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

17.5 Notices

We may send notices via email, in-app messages, or posting on our website. You may send notices to legal@twinmind.com or our mailing address.

17.6 Force Majeure

Neither party is liable for failures due to circumstances beyond reasonable control (natural disasters, war, terrorism, pandemics, internet failures, government actions).

17.7 Export Compliance

You may NOT use the Services in violation of U.S. export laws or in embargoed countries (currently Cuba, Iran, North Korea, Syria, Crimea region). You represent that you are not on any U.S. government restricted parties list.

17.8 U.S. Government Users

The Services are "Commercial Items" as defined in 48 C.F.R. §2.101. Government users receive only the rights granted to all other users under these Terms.

17.9 California Residents

Per Cal. Civ. Code §1789.3, complaints may be directed to:

California Department of Consumer Affairs

Division of Consumer Services

1625 North Market Blvd., Suite N 112

Sacramento, CA 95834

Phone: (800) 952-5210

17.10 Independent Contractors

The parties are independent contractors. Nothing creates an employment, partnership, or agency relationship.

17.11 Modifications to Terms

We may modify these Terms at any time. For material changes that adversely affect your rights, we will provide notice at least 14 days before they take effect via email or in-app notification. For minor changes, we will update the "Effective Date" at the top of these Terms. Your continued use of the Services after any changes constitutes acceptance. We encourage you to review these Terms periodically.

18. Beta Features

We may offer features as alpha, beta, preview, or early access ("Beta Features").

You understand and agree that:

• Beta Features are provided "as is" without warranties

• We may limit, change, or discontinue Beta Features at any time without notice

• We may collect feedback to improve the Services

19. Contact Information

TwinMind (ThirdEar AI, Inc.)

251 Little Falls Drive

Wilmington, DE 19808

United States

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.