Terms of Use

These Terms of Use (the "Terms") govern access to and use of the websites, applications, software, products, and services made available by FORUM LABS, INC. ("FORUM LABS," "TenTenor," "we," "us," or "our"), including the TenTenor meeting intelligence, analytics, coaching, note-taking, transcription, and related services (collectively, the "Service").

By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by these Terms. If you are using the Service on behalf of a company, organization, or other entity ("Customer"), you represent and warrant that you are authorized to bind that entity, and "you" and "your" refer to that entity.

1. Eligibility

You must be at least eighteen (18) years old to use the Service. The Service is intended for business use and is not directed to children.

2. Our Service

FORUM LABS provides a hosted software-as-a-service platform designed to assist users with meeting recording, note-taking, transcription, summaries, analytics, coaching outputs, and related workflow tools. The Service is provided on a hosted basis only. No marketplace is offered unless expressly stated in an applicable Order Form.

The Service may ingest meeting content through customer-authorized meeting capture tools, direct upload of audio or video files, submission of transcript content, calendar-connected workflows, and other supported input methods made available by FORUM LABS.

We may update, enhance, or modify features of the Service from time to time, provided that we do not materially reduce core functionality during a paid Subscription Term except as reasonably necessary for security, legal, or operational reasons.

3. Accounts

You may need to create an account or be provisioned an account by Customer to use the Service. You are responsible for:

1. maintaining the confidentiality of account credentials;
2. ensuring that all registration information is accurate and current; and
3. all activities occurring under your account.

You must promptly notify us at security@tentenor.com of any unauthorized access to or use of your account.

4. Communications

You agree that FORUM LABS may send you service-related, transactional, security, administrative, and account communications, including notices about the Service and these Terms. Marketing communications will be sent in accordance with applicable law, and you may opt out of non-essential marketing messages.

5. Customer Content and Customer Data

5.1 Customer Content

You or Customer may submit, upload, transmit, record, synchronize, or otherwise make available information, audio, video, text, files, transcripts, prompts, meeting metadata, calendar information, and other content through the Service ("Content"). Content also includes comments, annotations, feedback, ratings, and similar information submitted through interactive Service features.

5.2 Ownership

As between the parties, you retain all right, title, and interest in and to Content and all data submitted to the Service by or on behalf of Customer ("Customer Data"). Customer Data includes Content and, to the extent protectable, Outputs.

5.3 License to FORUM LABS

You grant FORUM LABS a non-exclusive, worldwide, limited license to host, copy, transmit, display, process, analyze, reproduce, modify, create derivative works from, and otherwise use Customer Data solely as necessary to:

1. provide, maintain, support, secure, and improve the Service;
2. generate transcripts, summaries, coaching outputs, analytics, and related outputs;
3. prevent fraud, abuse, and security incidents;
4. comply with applicable law; and
5. enforce these Terms.

5.4 Confidentiality of Customer Data

Customer Data is Customer Confidential Information. FORUM LABS will treat Customer Data as confidential and will not disclose Customer Data except:

1. as permitted by these Terms or an applicable DPA;
2. to subprocessors and service providers bound by appropriate confidentiality obligations;
3. as required by law; or
4. as authorized by Customer.

5.5 Aggregated and De-Identified Data

FORUM LABS may generate and use aggregated, anonymized, or de-identified data derived from the Service for analytics, benchmarking, security, product improvement, product development, research, and lawful business purposes, provided such data does not identify Customer or any individual.

6. AI-Generated Content and Outputs

6.1 Outputs

The Service may generate transcripts, notes, summaries, analytics, recommendations, coaching feedback, reports, scores, insights, or other outputs ("Outputs").

6.2 Ownership of Outputs

As between the parties, Customer owns its Outputs to the same extent as its rights in the underlying Customer Data, subject to FORUM LABS's rights in the Service, models, software, and underlying technology.

6.3 License Back to FORUM LABS

Customer grants FORUM LABS a non-exclusive, worldwide, limited license to use Outputs solely to provide, support, maintain, secure, debug, quality-review, analyze service performance for, and improve the Service for Customer.

6.4 No Training on Identifiable Customer Data

FORUM LABS will not use identifiable Customer Data, including Content, prompts, inputs, or Outputs, to train or fine-tune proprietary or third-party models used to provide services to other customers. This restriction does not apply to aggregated, anonymized, or de-identified data.

6.5 Historical Outputs

Subject to applicable retention settings and these Terms, Outputs generated during a paid Subscription Term may continue to be used by Customer after termination of the applicable subscription. Customer's rights to use such previously generated Outputs will survive termination on a perpetual, non-exclusive basis, subject to Customer's compliance with these Terms. Customer may export such Outputs during any applicable post-termination access or retrieval period offered under Customer's plan or Order Form.

6.6 Reprocessing

Customer acknowledges that FORUM LABS may reprocess previously submitted Content to regenerate Outputs using updated models, workflows, prompts, features, or processing logic for Customer's benefit and as part of providing, maintaining, supporting, securing, debugging, quality-reviewing, and improving the Service for Customer.

6.7 Disclaimers Regarding Outputs

Outputs may be incomplete, inaccurate, or inappropriate for your use case. You are solely responsible for reviewing and validating Outputs before relying on them.

7. Employment-Related and Regulated Use Restrictions

The Service is intended as a decision-support and productivity tool and is not intended to make solely automated decisions that produce legal or similarly significant effects on individuals.

You agree that you will not, and will not permit any third party to:

1. use the Service or Outputs as the sole basis for hiring, screening, promotion, discipline, termination, compensation, or other employment-related or similarly significant decisions about any individual;
2. use the Service or Outputs for solely automated decision-making;
3. use the Service or Outputs to infer disability status, medical conditions, protected traits, or other sensitive characteristics except as expressly permitted by law and documented by Customer;
4. use the Service in violation of employment, anti-discrimination, workplace monitoring, biometric privacy, wiretapping, eavesdropping, AI, or data protection laws; or
5. represent that FORUM LABS is the employer, deployer, or decision-maker for any employment-related decision.

Customer remains solely responsible for all decisions it makes, any human review of Outputs, and all required notices, consents, impact assessments, audits, adverse-action communications, and other legal obligations arising from Customer's use of the Service.

Customer represents and warrants that it will not use the Service or any Outputs in a manner that causes FORUM LABS to be deemed an employer, employment agency, deployer, decision-maker, or similar regulated actor with respect to Customer's hiring, screening, promotion, discipline, termination, compensation, or other employment-related decisions.

8. Meeting Recording, Voice Analysis, and Consent

The Service may enable meeting recording, transcription, speaker diarization, speaker analysis, voice-based analytics, and related features.

You are solely responsible for:

1. determining whether recording, transcription, speaker analysis, or voice-based features are lawful in each applicable jurisdiction;
2. providing all required disclosures and notices to meeting participants;
3. obtaining all required consents, authorizations, releases, and written biometric-specific consents where required by applicable law, before enabling any recording, transcription, speaker analysis, voice analysis, speaker identification, speaker verification, or similar feature;
4. maintaining evidence of such consents where required by law; and
5. configuring and using retention settings in accordance with applicable law.

Without limiting the foregoing, Customer is solely responsible for compliance with all biometric privacy, wiretapping, eavesdropping, workplace monitoring, employment, and data protection laws before enabling any feature involving voice recording, voice analysis, speaker identification, or speaker verification.

Customer represents and warrants that, where applicable law requires consent in a particular form for biometric data, biometric identifiers, biometric information, voiceprints, or similar regulated data, Customer has obtained such consent in the required form before submitting or enabling such data for Processing through the Service.

You acknowledge that transmitting recordings or communications involving legal counsel, regulated information, trade secrets, or privileged subject matter to the Service or its subprocessors may affect confidentiality, common-interest protections, work-product protection, or attorney-client privilege. Customer is solely responsible for determining whether use of the Service is appropriate for such communications, and FORUM LABS is not responsible for any resulting waiver or loss of privilege or confidentiality caused by Customer's use of the Service.

9. Acceptable Use

You will not, and will not permit any user to:

1. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service, except to the extent this restriction is prohibited by applicable law;
2. use the Service to violate any law or third-party right;
3. upload malicious code or interfere with the operation or security of the Service;
4. access or use the Service to build a competing product or service;
5. bypass or circumvent usage limits, security controls, or access restrictions;
6. use the Service to generate unlawful, defamatory, fraudulent, harassing, discriminatory, or infringing content; or
7. allow any unauthorized third party to access the Service except as expressly permitted by FORUM LABS.

10. Intellectual Property Rights

The Service, including all software, models, interfaces, workflows, designs, documentation, trademarks, service marks, and all related intellectual property rights, are and will remain the exclusive property of FORUM LABS and its licensors.

Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

11. Fees and Payment

11.1 Fees

Customer agrees to pay all fees set forth in an applicable Order Form, online checkout flow, or other ordering document. Unless otherwise stated, fees are quoted and payable in U.S. dollars.

11.2 Billing

If you provide payment information, you authorize FORUM LABS and its payment processors to charge all applicable fees, taxes, and other amounts due.

11.3 Auto-Renewal

Subscriptions renew automatically for successive renewal terms equal to the initial term unless either party gives notice of non-renewal before the applicable renewal date stated in the Order Form or checkout flow.

11.4 Refunds

Fees are non-refundable except where these Terms expressly provide otherwise, an applicable Order Form provides otherwise, or applicable law requires otherwise.

If Customer cancels during a billing period, no refund will be provided for any partial billing period unless expressly agreed in writing.

If FORUM LABS terminates the Service for convenience and not because of Customer's breach, Customer will receive a pro-rata refund of prepaid fees for the unused portion of the then-current Subscription Term.

11.5 Taxes

Fees do not include taxes, duties, or similar governmental assessments, all of which are Customer's responsibility except taxes based on FORUM LABS's net income.

11.6 Trials, Betas, and Promotional Access

If FORUM LABS offers a free trial, beta, pilot, proof-of-concept, or promotional subscription, additional or different terms may apply as stated in the applicable Order Form, checkout flow, or written offer. Unless expressly stated otherwise, FORUM LABS may modify or discontinue trial or beta access at any time, and any transition to a paid subscription will be governed by the applicable pricing and ordering terms presented to Customer.

12. Term and Termination

12.1 Term

These Terms begin when you first accept them or use the Service and continue until terminated.

12.2 Termination by Customer

Customer may stop using the Service at any time. If Customer is on a paid subscription, termination will be effective at the end of the then-current billing or subscription period unless otherwise stated in an applicable Order Form.

12.3 Termination for Cause

Either party may terminate these Terms or an applicable subscription if the other party materially breaches these Terms and fails to cure within thirty (30) days after written notice, except that termination may be immediate for breaches involving unlawful use, confidentiality, security, fraud, or intellectual property misuse where cure is not feasible.

12.4 Suspension

FORUM LABS may suspend access to the Service immediately if reasonably necessary to prevent security harm, unlawful activity, legal exposure, or material interference with the Service, including where Customer cannot verify legally required recording or biometric consents for enabled features.

12.5 Effect of Termination

Upon termination:

1. all rights granted to Customer under these Terms will cease, except as expressly stated otherwise;
2. Customer must stop using the Service; and
3. each party will remain liable for obligations accrued before termination.

Post-termination handling of Customer Data is governed by the applicable Privacy Statement, DPA, and any Order Form. To the extent export or retrieval functionality is included in Customer's plan, Order Form, or Service configuration, Customer should export any Customer Data or Outputs it wishes to retain before termination or the end of any applicable post-termination access period.

13. Privacy and Data Processing

Use of the Service is also subject to the FORUM LABS Privacy Statement. If Customer has entered into a Data Processing Addendum with FORUM LABS, the DPA will govern the processing of Customer Personal Data to the extent applicable.

If Customer and FORUM LABS execute a separate written Order Form, Master Services Agreement, or other written agreement, that agreement will control over these Terms to the extent of any conflict.

14. Confidentiality

Each party ("Receiving Party") may receive Confidential Information of the other party ("Disclosing Party"). The Receiving Party will:

1. use the Disclosing Party's Confidential Information only to perform or exercise rights under these Terms;
2. protect it using reasonable care, and at least the same degree of care it uses to protect its own similar information; and
3. not disclose it except to employees, contractors, advisors, and service providers with a need to know and who are bound by confidentiality obligations.

Confidential Information does not include information that the Receiving Party can show:

1. is or becomes publicly available without breach of these Terms;
2. was already lawfully known to the Receiving Party without restriction;
3. is lawfully received from a third party without restriction; or
4. is independently developed without use of the Disclosing Party's Confidential Information.

15. Indemnification

15.1 Customer Indemnity

Customer will defend, indemnify, and hold harmless FORUM LABS and its officers, directors, employees, and affiliates from and against any third-party claims, damages, liabilities, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Customer Data or Customer's use of the Service in violation of these Terms;
2. Customer's failure to provide required notices or obtain required consents, authorizations, releases, or written consents where required by law for meeting recording, transcription, speaker analysis, voice analysis, biometric processing, or related features, including claims arising under applicable biometric privacy, wiretapping, eavesdropping, recording-consent, workplace monitoring, employment, AI, or data protection laws;
3. Customer's unlawful use of the Service or Outputs in employment-related, discriminatory, or similarly significant decision-making;
4. Customer's violation of applicable law; or
5. Customer's breach of these Terms.

This indemnity does not apply to the extent a claim arises from FORUM LABS's own breach of these Terms or applicable law.

15.2 FORUM LABS Indemnity

FORUM LABS will defend Customer against any third-party claim alleging that the Service, as provided by FORUM LABS and used in accordance with these Terms, directly infringes such third party's U.S. intellectual property rights, and FORUM LABS will indemnify Customer against resulting damages and reasonable attorneys' fees finally awarded or agreed in settlement by FORUM LABS.

FORUM LABS will have no obligation under this Section to the extent a claim arises from:

1. Customer Data;
2. Customer's modifications or combinations not provided by FORUM LABS;
3. use of the Service in violation of these Terms or documentation; or
4. use after notice of an alleged infringement claim if FORUM LABS provided a reasonable workaround or replacement.

15.3 Indemnification Procedure

As a condition of Customer's indemnification obligations under Section 15.1, Customer will promptly notify FORUM LABS in writing of the claim, permit FORUM LABS to assume sole control of the defense and settlement of the claim, and provide reasonable cooperation; provided that FORUM LABS may not settle any claim in a manner that imposes liability or an admission of fault on, or that fails to fully release, Customer without Customer's prior written consent (not to be unreasonably withheld).

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORUM LABS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY ACCURATE.

FORUM LABS DOES NOT WARRANT THAT OUTPUTS WILL BE CORRECT, COMPLETE, OR SUITABLE FOR ANY PARTICULAR DECISION OR USE CASE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO FORUM LABS UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
3. NOTWITHSTANDING THE FOREGOING, FORUM LABS'S TOTAL CUMULATIVE LIABILITY ARISING FROM (I) ITS BREACH OF CONFIDENTIALITY OBLIGATIONS, (II) A SECURITY INCIDENT RESULTING FROM ITS FAILURE TO IMPLEMENT AND MAINTAIN REASONABLE SECURITY MEASURES, OR (III) ITS VIOLATION OF APPLICABLE PRIVACY OR DATA PROTECTION LAW TO THE EXTENT ARISING FROM FORUM LABS'S PROCESSING OF CUSTOMER PERSONAL DATA UNDER THESE TERMS, WILL NOT EXCEED TWO (2) TIMES THE FEES PAID OR PAYABLE BY CUSTOMER TO FORUM LABS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
4. NOTWITHSTANDING THE FOREGOING, THE CAP ON LIABILITY IN THIS SECTION WILL NOT APPLY TO: (I) CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15; (II) AMOUNTS ARISING FROM CUSTOMER'S BREACH OF SECTION 7 (EMPLOYMENT-RELATED AND REGULATED USE RESTRICTIONS), SECTION 8 (MEETING RECORDING, VOICE ANALYSIS, AND CONSENT), SECTION 9 (ACCEPTABLE USE), OR SECTION 21 (EXPORT AND SANCTIONS COMPLIANCE), OR CUSTOMER'S VIOLATION OF APPLICABLE LAW IN CONNECTION WITH CUSTOMER'S USE OF THE SERVICE; OR (III) CUSTOMER'S OBLIGATION TO PAY FEES DUE UNDER THESE TERMS.

THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND REGARDLESS OF THE THEORY OF LIABILITY.

18. Changes to These Terms

We may modify these Terms from time to time.

Non-material changes are effective upon posting. For material changes, FORUM LABS will provide at least fourteen (14) days' prior notice by email, through the Service, or by other reasonable means. If you do not agree to a material change, you may stop using the Service and terminate before the change takes effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the revised Terms.

19. Dispute Resolution

19.1 Informal Resolution

Before initiating arbitration or court proceedings, each party agrees to first attempt in good faith to resolve any dispute arising out of or relating to these Terms by providing written notice of the dispute and participating in informal negotiations for at least thirty (30) days.

19.2 Arbitration

Except for disputes described in Section 19.3, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship of the parties, including the interpretation, applicability, enforceability, or formation of this Section, will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

The arbitration will be conducted in Wilmington, Delaware, unless the parties agree otherwise. The arbitration will be conducted in English before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

19.3 Court Carve-Outs

Either party may seek temporary, preliminary, or permanent injunctive or equitable relief in the state or federal courts located in New Castle County, Delaware for claims involving:

1. intellectual property infringement or misuse;
2. unauthorized access, misuse, or disclosure of Confidential Information or Customer Data;
3. security incidents or threatened security harm; or
4. collection of undisputed fees.

Each party consents to the exclusive jurisdiction of such courts for those limited purposes.

19.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION.

20. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

21. Export and Sanctions Compliance

You may not access or use the Service in violation of U.S. export control, sanctions, or other applicable trade laws. You represent that you are not located in, organized in, or ordinarily resident in a prohibited jurisdiction and are not a prohibited or restricted party.

22. Miscellaneous

• Entire Agreement. These Terms, together with any applicable Order Form, DPA, and Privacy Statement, constitute the entire agreement between the parties regarding the Service.
• Assignment. Neither party may assign these Terms without the other party's prior written consent, except to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.
• Independent Contractors. The parties are independent contractors.
• No Waiver. Failure to enforce any provision is not a waiver.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
• Force Majeure. Neither party will be liable for delays or failures caused by events beyond its reasonable control.
• Notices. Legal notices must be sent to the addresses below and will be effective upon receipt.

23. Contacting FORUM LABS