Terms of Service

1. Eligibility and Accounts

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

You must provide accurate and complete information when creating an account and keep your information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

If you believe your account has been compromised, you must notify us immediately at team@listel.ai.

We reserve the right to suspend or terminate your account if we believe you have violated these Terms or pose a risk to the security or integrity of the Services.

2. Use of the Services

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

You agree that you will not:

• Use the Services in any unlawful way or for any unlawful purpose;
• Use the Services to record or monitor individuals without complying with all applicable laws and obtaining any required consents;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
• Interfere with or disrupt the operation of the Services;
• Attempt to gain unauthorized access to the Services, other accounts, or computer systems;
• Use the Services to build a competing product or service.

3. Recording and Consent Responsibilities

Listel enables you to record face-to-face conversations and generate transcripts and analytics. You are solely responsible for how you use the Services and for complying with all applicable laws regarding recording and privacy.

In particular:

• Laws regarding recording conversations vary by jurisdiction (for example, some require the consent of all parties to a conversation).
• You must determine which laws apply to you and ensure you obtain all necessary consents before recording any conversation or using Listel in any environment where other people may be recorded.
• You must not use the Services to record individuals where doing so would violate law, company policy, or contractual obligations.

Listel does not provide legal advice and is not responsible for your compliance with recording or privacy laws. If you have questions about your obligations, you should consult your own legal counsel.

4. Data Ownership and Rights

4.1 Your Content

"Your Content" includes:

• Audio recordings that you or your organization capture through the Services;
• Transcripts derived from those recordings;
• AI-generated outputs derived from your recordings, such as summaries, action items, key moments, and responses to your Ask Listel queries;
• Calendar data you sync from connected third-party services (e.g., Google Calendar);
• Meeting metadata, labels, and notes you provide or create in the Services.

As between you and Listel:

• You (or your organization, as applicable) retain ownership of Your Content; and
• You grant Listel a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Your Content as needed to provide, maintain, secure, and improve the Services and as otherwise permitted under these Terms.

If your account is provided or managed by a company or organization (for example, your employer), that organization may control access to and ownership of Your Content, subject to its own policies and agreements with you.

4.2 Our Content and IP

All rights, title, and interest in and to the Services (including the App, website, software, algorithms, analytics, templates, and documentation) and any improvements or derivative works are owned by Listel or our licensors.

Except for the limited license granted to you in Section 2, these Terms do not grant you any rights in or to our intellectual property.

4.3 Aggregated and De-Identified Data

We may create and use aggregated, anonymized, or de-identified data derived from Your Content and your use of the Services ("Aggregated Data") for purposes such as:

• Operating, maintaining, and improving the Services;
• Developing new features and products;
• Analyzing usage trends and performance.

Aggregated Data will not identify you or any individual and will not include your account information such as your name or email address.

5. Third-Party Services

The Services may rely on or integrate with third-party services, such as:

• Cloud hosting providers (Google Cloud Platform, Vercel);
• Authentication providers (Firebase Authentication);
• Calendar integration (Google Calendar API);
• CRM integration (e.g., HubSpot);
• Speech-to-text providers (Deepgram);
• AI analysis providers (OpenAI);
• Email delivery (Resend);
• Payment processors (Stripe, used on our website).

Your use of any third-party service may be subject to that provider's separate terms and privacy policies. We are not responsible for third-party services we do not control.

6. Fees and Payments

6.1 General.

Purchases of Listel devices and subscription fees are handled through Stripe on our website. You agree to pay all applicable fees and taxes associated with your use of paid Services in accordance with the terms presented at the time of purchase.

6.2 Subscriptions and Auto-Renewal.

Paid subscription plans (monthly or annual) automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis.

You can cancel your subscription at any time through your account settings or by contacting us at team@listel.ai. If you cancel, your paid features will remain available through the end of your current billing period, after which your account will revert to the Free plan. No prorated refunds are provided for the remaining portion of a billing period after cancellation.

6.3 Device Purchases and Returns.

The Listel wearable device is a one-time purchase. If you are not satisfied with your device, you may return it within 30 days of delivery for a full refund of the purchase price (excluding shipping costs). The device must be in its original condition. To initiate a return, contact us at team@listel.ai.

If you receive a defective device, we will replace it or issue a full refund (including shipping) at our discretion. Please contact us within one (1) year of purchase to report a defect.

6.4 Price Changes.

We may change subscription prices by providing at least thirty (30) days' advance notice via email or through the Services. Price changes will take effect at the start of your next billing period following the notice. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

7. Account Termination

You may terminate your account at any time by:

• Using the account deletion option within the App (where available); or
• Contacting us at team@listel.ai with your request.

Upon termination by you:

• Your right to access and use the Services will end;
• We will delete your account and associated data in accordance with our Privacy Policy, subject to any legal obligations to retain certain records (such as billing records).

Before deleting your account, you may request a copy of Your Content by contacting us at team@listel.ai. We will provide your data in a commonly used format within a reasonable timeframe.

We may suspend or terminate your access to the Services if:

• You violate these Terms;
• Your use of the Services presents a security or legal risk;
• We are required to do so by law or court order.

We will make reasonable efforts to notify you of suspensions or terminations when legally permitted.

8. Beta Features

From time to time, we may offer beta or pre-release features ("Beta Features"). Beta Features may be labeled as "beta," "preview," or similar and may be provided for evaluation and testing only.

Beta Features:

• May be changed or discontinued at any time;
• May not be as reliable or fully documented as other features;
• Are provided "as is" without warranties of any kind.

Your use of Beta Features is at your own risk, and we disclaim all liability arising from such use to the fullest extent permitted by law.

9. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we do not warrant that:

• The Services will be uninterrupted, secure, or error-free;
• Transcription or analytics will be 100% accurate;
• The Services will meet your requirements or expectations.

The Services use artificial intelligence and machine learning to generate transcripts, summaries, action items, key moments, Ask Listel responses, email follow-up drafts, and other outputs. These AI-generated outputs may contain errors, omissions, or inaccuracies. You are solely responsible for reviewing and verifying AI-generated outputs before relying on them for any purpose, including business decisions, communications, or regulatory compliance.

10. Limitation of Liability

To the fullest extent permitted by law:

Listel will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, loss of data, or business interruption, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

Our total liability for any and all claims arising out of or relating to the Services or these Terms will be limited to the greater of:

• The amount you paid to us for the Services in the twelve (12) months before the event giving rise to the claim; or
• One hundred US dollars (US $100).

Some jurisdictions do not allow limitations on certain damages; in those cases, the above limitations may not apply to you to the extent prohibited by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Listel and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of any applicable law or regulation, including recording and privacy laws;
• Any claim that Your Content or your use of the Services infringes or misappropriates any third party's rights.

12. Changes to the Services and Terms

We may update the Services and these Terms from time to time.

If we make material changes to these Terms, we will provide notice by updating the "Last updated" date and may provide additional notice (such as email or in-app notice).

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must stop using the Services.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles, and applicable federal law of the United States.

Any disputes arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Cook County, Illinois, and you and Listel consent to the personal jurisdiction of those courts.

14. General

Entire Agreement.

These Terms, together with any additional terms presented at the time of purchase and our Privacy Policy, constitute the entire agreement between you and Listel regarding the Services.

Severability.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment.

You may not assign or transfer these Terms or your rights under them 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.

Force majeure.

Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, internet or telecommunications failures, power outages, or failures of third-party service providers.

Electronic communications.

By creating an account, you consent to receive electronic communications from us (such as emails, in-app notifications, and push notifications) related to the Services, your account, and these Terms. You agree that these electronic communications satisfy any legal requirements that such communications be in writing.

15. Contact

If you have any questions about these Terms, please contact us at: