SketchCap Terms of Service

Effective date: the launch date

These Terms of Service ("Terms") are an agreement between you and Quill Marketing, LLC, a Texas limited liability company doing business as SketchCap ("SketchCap," "we," "us"). They govern your use of the SketchCap website at sketchcap.com, the SketchCap app, the SketchCap meeting bot, and everything we provide through them (together, the "Service").

If you use the Service for a company, agency or other organization, you agree to these Terms for that organization and confirm you have authority to do so. In that case "you" means that organization.

Please read Section 4 (Recording and Consent) and Section 15 (Disputes) closely. Section 15 includes binding arbitration and a waiver of class actions.

1. What SketchCap does

SketchCap turns meeting transcripts into illustrated, branded meeting recaps. You can give the Service a transcript in two ways:

• Upload: you upload a transcript file exported from Zoom, Microsoft Teams, Google Meet or another tool, or a recording of the meeting (audio or video), which we transcribe and then delete.
• Meeting bot: you send the SketchCap Notetaker into a Zoom, Teams or Google Meet meeting. It joins as a visible participant, records audio and video, and produces a transcript.

The Service then uses artificial intelligence to write a recap (a summary, action items, decisions and similar content), draws cartoon characters for the people in the meeting, and presents the recap as a web page you can edit, share as a link, or download as a PDF. The Service can remember people across meetings ("People Memory") so characters look and are described consistently.

2. Eligibility and accounts

2.1 You must be at least 18 years old and able to form a binding contract. The Service is for business and professional use and is not directed to children.

2.2 The Service is offered only in the United States. You may not use it to record or process meetings in which you know a participant is located in the European Economic Area, the United Kingdom or Switzerland unless we have agreed in writing to support that use.

2.3 You are responsible for your account credentials and for everything that happens under your account, including actions by team members you invite. Tell us promptly at support@sketchcap.com if you believe your account has been compromised.

2.4 Team and Agency plans let an account owner invite members. The account owner controls the account's content, settings, retention choices and billing, and may remove members at any time.

3. Your content

3.1 Your content. "Customer Content" means everything you or your members submit to or create in the Service: transcripts, recordings, the meeting bot's captures, recaps, edits, brand kits, logos, People Memory entries and screenshots or photos used to build characters. As between you and us, you own your Customer Content.

3.2 License to us. You give us a limited, non-exclusive, worldwide license to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Service for you, and as required by law. This license ends when the Customer Content is deleted from the Service, except for copies in backups, which age out on the schedule in our Privacy Policy.

3.3 No training. We do not use Customer Content, or anything derived from it (including de-identified or aggregated versions), to train, retrain, fine-tune or improve any artificial intelligence or machine learning model, ours or anyone else's. Our AI and meeting bot providers may not do so either: we choose providers whose terms prohibit it, and we require it in our contracts with them. We do not sell Customer Content or share it for advertising.

3.4 Aggregate data. We may collect usage data about how the Service operates (for example, number of recaps, meeting length, error rates and feature use) and use it in aggregated or de-identified form that does not identify you or any person, to operate and improve the Service. Usage data never includes the content of any meeting, transcript or recap, and is never used to train a model.

3.5 Your responsibilities for content. You represent and warrant that you have all rights and permissions needed to submit Customer Content and to let us process it under these Terms, including every notice and consent required by laws on recording, monitoring, intercepting or eavesdropping on conversations ("Recording Laws") and by biometric and privacy laws, as described in Section 4.

4. Recording and consent

4.1 You are responsible for consent. Laws in many states, including California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington, require the consent of everyone on a call before it is recorded. You are responsible for giving any notice and getting any consent that the law requires from every participant before you upload a recording or transcript or send the meeting bot into a meeting. We recommend treating every meeting as one that requires everyone's consent.

4.2 How the meeting bot behaves. To help you meet that responsibility, the SketchCap Notetaker:

• joins under a name that says it is recording (for example, "SketchCap Notetaker (recording)");
• posts a message in the meeting chat when it joins, and again for late joiners, saying the meeting is being recorded, who requested it, and how to stop it;
• uses the meeting platform's own recording permission and indicator where the platform provides one;
• stops recording and deletes what it captured from that meeting if any participant types "stop" in the chat or the host removes it;
• asks the host to confirm before joining a meeting that includes participants from outside the host's organization;
• leaves automatically after 12 minutes if it is the only participant;
• identifies speakers by the display names the meeting platform provides and never by voiceprints.

These features do not replace your own legal obligations. If you are not sure whether consent is required, get it. A simple way is to say at the start of the meeting: "I'm using SketchCap to record and take notes on this call. Is everyone okay with that?"

4.3 Character pictures. If you turn on character pictures, the Service uses a screenshot you upload, or one still image of each participant whose camera is on that the meeting bot captures, to describe visible style (such as hair, glasses, hats and clothing colors) so it can draw that person's cartoon character. Before any AI model sees the image, the Service blurs or crops out the face. The Service does not scan or measure facial geometry, create face templates or faceprints, or recognize or match faces across meetings. The image is deleted as soon as the description is made, and the deletion is logged. The feature is turned on per meeting, is off for participants who are not members of your account unless you turn it on, it is skipped for anyone who has typed "stop," and the bot's join message says when it is on. You are responsible for any notice or consent the law requires for this feature.

4.4 Things you may not record. Do not use the Service to record or process meetings that you are not a participant in or host, meetings you do not have the right to record, conversations where a participant has asked not to be recorded, or meetings you know include anyone under 18.

5. Sensitive information and the hold-back feature

5.1 Recaps are written on the assumption they may be forwarded. The Service tries to leave out material that should not travel, such as remarks made in confidence, personnel matters about people not on the call, and comments about health, religion, family, personal finances or appearance. Where it does, it lists the withheld items only for the person who generated the recap.

5.2 This feature is a convenience, not a guarantee. Review every recap before you share it. You are responsible for what you share.

5.3 Do not use the Service to process protected health information under HIPAA, payment card data, government identification numbers, or information about children under 13, unless we have agreed in writing. We do not sign HIPAA business associate agreements.

6. AI output

6.1 Recaps, summaries, action items, character descriptions and other output ("Output") are generated by artificial intelligence. Output can be incomplete or wrong, can misattribute who said what, and can miss nuance. Check Output before relying on it or sharing it.

6.2 As between you and us, you own the Output generated from your Customer Content, to the extent the law allows. Output for other users may be similar to yours.

6.3 Output is not legal, financial, medical, employment or other professional advice.

7. Acceptable use

You will not, and will not let anyone else:

• break the law, including recording, privacy, wiretap, biometric, consumer protection and intellectual property laws;
• record or process anyone without the notice and consent the law requires;
• upload content you do not have the right to share, or content that is unlawful, harassing, defamatory or infringing;
• use the Service or Output to identify people by their faces or voices, or to build profiles of people for surveillance, employment screening, credit, insurance or housing decisions;
• try to get around plan limits, the recap length rules, or the free plan badge;
• probe, scan or test the Service's security, reverse engineer it, or access it by automated means except through features we provide;
• resell or white-label the Service except as your plan allows;
• use the Service to build a competing product.

We may suspend or limit access if we reasonably believe you have broken this Section or your use creates a legal or security risk, and we will tell you why unless the law or a security reason prevents it.

8. Plans, billing and renewal

8.1 Plans. Plans, prices and what each includes are shown on our pricing page at the time you subscribe. Plans count recaps. One recap covers a meeting up to 75 minutes long; each additional 75 minutes or part of it counts as another recap. Unused recaps do not roll over.

8.2 Free trial. New accounts get 3 recaps free with no payment details required. Free trial and Starter recaps include a "Made with SketchCap" badge linking to sketchcap.com. Pro, Team and Agency recaps do not include the badge.

8.3 Automatic renewal. At checkout you will see the price, the billing frequency, the renewal date and how to cancel next to an unchecked box you must tick to agree to automatic renewal; we keep a record of that consent for at least three years. Paid plans renew automatically at the end of each monthly or annual term at the then-current price, and we charge the payment method on file, until you cancel. Before you subscribe we will show the price, the billing frequency, and how to cancel, and we will email you a confirmation that includes the same information. For annual plans we will email you a reminder 30 days before renewal.

8.4 Cancel anytime online. You can cancel from your account settings in a few clicks, without calling or emailing us. Cancellation takes effect at the end of the current term, and you keep access until then.

8.5 Annual plans. Annual plans are billed up front at a discount (ten months' price for twelve months).

8.6 Extra recaps. If you go over your plan's recaps, extra recaps are charged at the rate on our pricing page and added to your next monthly invoice.

8.7 Refunds. Fees are non-refundable except where the law requires otherwise, and except that if you cancel an annual plan within 14 days of first purchase and have used no more than 3 recaps, we will refund it in full.

8.8 Price changes. We may change prices with at least 30 days' notice. Changes apply at your next renewal.

8.9 Taxes. Prices do not include taxes. You pay any applicable sales, use or similar taxes.

8.10 Failed payments. If a payment fails, we may suspend paid features after notice and a 7-day grace period.

9. Our providers

We use third-party providers to run the Service, including for hosting, storage, sign-in, payments, meeting bots and AI processing. They process Customer Content only on our instructions and under terms that require confidentiality and security and that bar training on your content. Our current list is at sketchcap.com/subprocessors. Meeting platforms such as Zoom, Microsoft Teams and Google Meet are not our providers; your use of them is governed by their own terms.

10. Security, retention and deletion

10.1 We use reasonable administrative, technical and physical safeguards to protect Customer Content, including encryption in transit and at rest.

10.2 We do not keep meeting audio or video. Our meeting bot provider deletes it within 72 hours after the transcript is made. By default we keep transcripts for one year after the recap is made, so you can regenerate or check a recap. The account owner can shorten this to immediate deletion, 30 days or 90 days. Recaps and People Memory are kept until you delete them. Character pictures are deleted as soon as the character description is made. Details are in our Privacy Policy.

10.3 You can delete any recap, transcript or person, clear a People Memory circle, export your People Memory, or delete your account at any time. Deleted content is removed from our live systems promptly and from backups within 30 days.

10.4 If you are an organization processing personal information through the Service, our Data Processing Addendum at sketchcap.com/dpa forms part of these Terms.

11. Feedback

If you send us suggestions or feedback, we may use them without obligation to you.

12. Our intellectual property

The Service, including its software, character art style, templates, stock brand themes and the SketchCap name and logo, belongs to us and our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. We reserve all other rights.

13. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE OR OUTPUT WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR MEETING PLATFORMS, THEIR AVAILABILITY, OR WHETHER THEY ADMIT THE MEETING BOT.

14. Limitation of liability and indemnity

14.1 TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA, EVEN IF ADVISED THEY WERE POSSIBLE.

14.2 TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100.

14.3 Sections 14.1 and 14.2 do not limit your payment obligations, either party's liability for fraud, gross negligence or willful misconduct, or your obligations under Section 14.4.

14.4 Your indemnity. You will defend and indemnify us and our members, employees and agents against third-party claims, and the resulting losses, costs and reasonable attorneys' fees, arising from (a) your failure to give notice or get consent required by law for any recording, transcript or image you submit or capture through the Service, (b) your Customer Content, or (c) your breach of Section 7.

14.5 Our indemnity. We will defend you against third-party claims that the Service, as we provide it, infringes a United States patent, copyright or trademark, and pay the resulting damages finally awarded, except for claims arising from Customer Content, Output, or your combination of the Service with things we did not provide.

15. Disputes

15.1 Talk to us first. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice. Send notice to legal@sketchcap.com.

15.2 Binding arbitration. Any dispute that is not resolved informally will be decided by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Arbitration Rules if those apply), in Smith County, Texas, or by video. Either party may instead bring an individual claim in small claims court, and either party may seek an injunction in court to protect its intellectual property.

15.3 No class actions. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR TAKE PART IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

15.4 Mass filings. If 25 or more similar demands for arbitration are filed against us by or with the help of the same law firm or group, they will be administered in batches of up to 100 under the AAA's mass arbitration procedures, with fees allocated under those procedures.

15.5 Time limit. Any claim must be brought within one year after it arises, unless the law does not allow this limit.

15.6 Opt out. You may opt out of arbitration by emailing legal@sketchcap.com within 30 days of first accepting these Terms.

15.7 Governing law and venue. Texas law governs these Terms, without regard to conflict of law rules, except that the Federal Arbitration Act governs Section 15. Any court proceeding allowed by these Terms will be in the state or federal courts located in Smith County, Texas.

16. Term and termination

16.1 These Terms apply while you use the Service. You may stop using the Service and delete your account at any time.

16.2 We may suspend or end your access if you materially breach these Terms and do not fix the breach within 10 days of notice, immediately if the breach is under Section 4 or 7 or creates legal risk, or with 30 days' notice for any reason, in which case we will refund prepaid fees for the unused period.

16.3 After termination, you have 30 days to export your recaps and People Memory, after which we delete Customer Content as described in the Privacy Policy.

16.4 Sections 3.4, 6, 11 to 15 and 17 survive termination.

17. General

17.1 Changes to these Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app. Continued use after the effective date means you accept the change. If you do not agree, you may cancel before it takes effect and receive a prorated refund of prepaid fees.

17.2 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, including to a new company formed to operate SketchCap, with notice to you.

17.3 Entire agreement. These Terms, the Privacy Policy, the Data Processing Addendum and any order form are the whole agreement between us about the Service.

17.4 Other terms. If any part of these Terms is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to legal@sketchcap.com and 8226 Douglas Ave, Ste 655, Dallas, TX 75225.

17.5 Contact. SketchCap, Quill Marketing, LLC, 8226 Douglas Ave, Ste 655, Dallas, TX 75225. support@sketchcap.com.