Terms of Service

Last updated: July 24, 2026

Clear Transcribe AI by Hill Tribe Solutions, Inc.

Hill Tribe Solutions, Inc. (“Clear Transcribe AI,” “we,” “us,” or “our”) provides the Clear Transcribe AI website (the “Site”), the affiliated web application and mobile applications for iOS and Android (the “Apps”), and the services provided to you by or through the Site and the Apps (collectively, the “Services”), subject to these terms and conditions of use and all policies and guidelines referenced herein (as amended from time to time, the “Terms”).

1. Who We Are

The Services are operated by Hill Tribe Solutions, Inc., a corporation organized under the laws of the State of California. Our full contact details, including our registered address and the address for all legal notices under these Terms, are set out in Section 33.

2. Description of the Services

The Services capture audio input through Devices to produce real-time, machine-generated captions and transcripts, so that people who are deaf or hard of hearing can better participate in conversations, meetings, classes, services, and live events. A “Device” is any computer used to access the Services, including a desktop, laptop, mobile phone, tablet, or other consumer electronic device.

How captioning works. When you start a captioning session, audio from your Device is processed by automated speech recognition to produce caption text in real time. We do not record or store your audio. Caption text is stored by us only if and when you choose to save it (see Section 12).

Event mode and broadcasts. The Services include an “Event” mode in which one presenter’s captions can be shared to other people’s screens. The presenter (the “Host”) starts a broadcast; other people (each a “Viewer”) open it in a browser using a link, QR code, or access code, without needing an account. Broadcast content is temporary and is not retained after the broadcast ends (see Section 13).

Subject to the terms, conditions, and limitations set forth in these Terms, we grant you a nonexclusive, non-transferable, revocable license to use the Services on any compatible Device for your own use.

3. Accuracy and Limitations — Please Read

The Services use automated speech recognition. Captions and transcripts produced by the Services are machine-generated, are not always accurate or error-free, and may omit, add, or alter words and may not reflect the words or intent of any speaker. Accuracy varies with microphone quality, background noise, distance from the speaker, accents, overlapping speech, specialized terminology, and network conditions.

You acknowledge and agree that:

• The Services are not a certified or verbatim captioning service. They are not CART (Communication Access Real-time Translation), are not produced or reviewed by a human captioner or stenographer, and are not a sign language interpreting service.
• The Services must not be relied upon in emergencies or in any situation where an error, delay, or interruption in captioning could result in injury, death, financial loss, legal prejudice, or other serious harm — including emergency services communications, medical diagnosis or treatment decisions, legal or judicial proceedings, aviation, or the operation of machinery.
• The Services do not guarantee legal compliance. Nothing about the Services constitutes a representation that your use of them satisfies the Americans with Disabilities Act, Section 504 or Section 508 of the Rehabilitation Act, the FCC’s captioning rules, the WCAG guidelines, or any other accessibility law, regulation, standard, funding condition, or contractual obligation applicable to you, your organization, or your event. You are solely responsible for determining what accommodations you are legally required to provide and for providing them.
• You must evaluate, and you bear all risks associated with, any reliance on the accuracy, completeness, or usefulness of any caption, transcript, or translation produced by the Services.

4. Eligibility, Registration, and Accounts

You may be required to register with us in order to access and use certain features of the Services. Accounts are created and accessed using an email address.

• If you are under 13 years of age, you are not authorized to use the Services, with or without registering.
• If you are under the age of majority in your jurisdiction (e.g., under 18 in the United States), you may only use the Services with the approval and supervision of your parent or guardian, who accepts these Terms on your behalf.
• Viewing a shared broadcast does not require an account, but a Viewer who is under 13 must have a parent or guardian’s permission.

You agree to provide accurate, current, and complete information when registering (“Registration Data”) and to promptly update it so that it remains accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and access to the email address associated with it, and you are fully responsible for all activity that occurs under your account. You agree to (i) immediately notify us of any unauthorized use of your account or any other breach of security, and (ii) sign out at the end of each session when using a shared Device.

Accounts are for a single individual. You may not share an account with, sell an account to, or transfer an account to another person.

5. Consent to Caption Others — Your Responsibility

Recording and transcription laws vary by state and country. Some jurisdictions — including California, where “all-party consent” applies — require the consent of every participant before a conversation may be recorded or transcribed.

You are solely responsible for obtaining any consent required in your jurisdiction from every person whose speech you caption using the Services, before you begin captioning. You agree that:

• You will not use the Services to eavesdrop on, or covertly transcribe, any conversation.
• You will disclose to the people around you that the Services are being used, where disclosure is required or reasonably expected.
• If you are a Host, you have obtained all consents necessary from presenters, performers, and other speakers whose speech will be captioned and relayed to Viewers, and you hold all rights necessary to relay that content.
• To the extent other people’s speech is captured by you through the Services, you have obtained the consent required in your jurisdiction from those individuals sufficient to grant us the license described in Section 12.

You will indemnify us for claims arising out of your failure to obtain such consents, as described in Section 23.

6. Event Mode and Broadcasts

Hosting. When you start a broadcast, we generate a link and, by default, an access code that a Viewer must enter to join. You are responsible for deciding who receives the link, QR code, and access code, and for keeping them confidential if the event is not public. Anyone who has them can view the captions.

Audience limits. Broadcasts on a personal subscription plan are intended for personal, family, and caregiver sharing and are limited to a small number of simultaneous Viewers. Broadcasts on an event pass are intended for audiences and do not carry a fixed Viewer limit, subject to Section 11 (Fair Use). Current limits are shown in the app.

Broadcast lifetime. A broadcast is live only while the Host’s session is running. It ends automatically when the Host stops the session or when the Host’s Device stops sending captions, and its content is cleared. Viewers connected at that moment may briefly see a notice that the broadcast has ended.

Viewers. If you are viewing a broadcast, you are using the Services and are bound by these Terms. You may be asked to enter an access code, and repeated incorrect attempts may be temporarily blocked. You agree not to redistribute, republish, record, or commercially exploit captions from a broadcast without the Host’s permission, and you acknowledge that the captions you see are machine-generated and subject to Section 3.

We are not a party to your event. We do not review, endorse, moderate, or take responsibility for the content of anything spoken at an event, captioned by a Host, or displayed to Viewers.

7. Plans, Passes, and Pricing

The Services are offered through a free plan, paid subscription plans that include a captioning allowance each billing cycle, and one-time purchases such as additional captioning time and event passes.

For current plans, allowances, features, and prices, see the plan details in the app. Those details form part of these Terms. Plans, allowances, features, and prices may change from time to time in our discretion, and the details shown in the app at the time of your purchase are the ones that apply to it.

The following terms apply to all plans and purchases:

• Allowances do not roll over. Your allowance resets at the start of each billing cycle, and unused time from the prior cycle is forfeited.
• Purchased additional time carries over between cycles for as long as your account remains active, and is used only after your plan allowance is exhausted.
• Event passes are consumed by use and are time-limited. A pass may be limited to a single event and to a defined period after it is first used, and every pass expires a fixed period after purchase. Unused time on an expired pass is forfeited and is not refundable or transferable. The limits that apply to a pass are shown in the app before you buy it.
• Event Mode requires a valid event pass. Starting an Event-mode session without one will be refused rather than drawn from your personal allowance.
• If a paid subscription lapses, expires, or is not renewed, your account reverts to the free plan and its allowance at the end of the paid period.

Pricing is subject to change, including for customers on recurring or subscription-based billing cycles. We will provide notice of changes in the app or on the Site. Your continued use of the Services after a change takes effect constitutes agreement to the change.

8. How Usage Is Measured

Captioning time is measured by us, on our systems, based on how long a captioning session runs. The following applies to that measurement:

• A minimum amount of time may be charged for any session that starts, even if you end it immediately.
• A session that is interrupted is charged up to the point your Device stopped captioning. If the app is closed, force-quit, or loses its connection without ending the session properly, we close it for you and you are not charged for time after captioning actually stopped.
• Sessions have a maximum length and end automatically when it is reached. You may start a new session.
• Only one captioning session may run at a time per account. Starting a new one ends any session still running.
• Starting captioning may be rate-limited to protect the Services from abuse.
• Short sessions on an event pass may not be charged, so that sound checks and false starts are not billed against the pass.

We may change how these limits are applied at any time to protect service quality, fairness, and cost. Where a change would materially reduce what an existing purchase provides, we will provide notice in the app.

You agree that our records of session length and usage are the authoritative record of your usage for all purposes, including allowance enforcement and billing. Your current usage and remaining allowance are shown in the app at any time. If you believe your usage has been recorded incorrectly, contact us using the details in Section 33 and we will review it.

9. Purchases, Auto-Renewal, and Refunds

Where you buy matters. Subscriptions and one-time purchases made in the iOS or Android Apps are processed by Apple or Google as in-app purchases, and are subject to that store’s terms and payment policies in addition to these Terms. We do not receive or store your payment card details for those purchases. We use a third-party subscription management provider to verify with the store that a purchase actually occurred before granting access.

Auto-renewal. Subscriptions are auto-renewing. Unless you cancel, your subscription automatically renews at the end of each term (monthly or annual, as selected) and your payment method is charged the then-current price for the renewal term. You may cancel at any time through your Apple ID or Google Play account settings. Cancellation must be completed at least 24 hours before the end of the current period to avoid being charged for the next one. Cancelling stops future renewals; it does not end the period you have already paid for, and access continues until that period ends.

Refunds. Refunds for in-app purchases are handled by Apple or Google under their published refund policies, and we cannot issue, guarantee, or override a store refund decision. For purchases made directly from us (if offered), and except where a refund is required by applicable law, all fees are non-refundable, and no refund is given for partially used allowances, expired passes, or unused time.

Direct payments. If you purchase directly from us rather than through an app store, you represent and warrant that any payment information you provide is accurate and that you are authorized to use the payment instrument, and you authorize us to charge that method for all amounts due, including renewals, outstanding balances, applicable taxes, and any late fees permitted by law. You agree to keep your billing information current. If a charge is declined, we may retry it and may suspend access to paid features until the balance is settled.

Taxes. Prices are exclusive of taxes unless stated otherwise. You are responsible for any applicable sales, use, VAT, or similar taxes.

10. Restrictions on Plan Usage

The free plan and the personal subscription plans are intended for personal use by a single individual, including in that individual’s own work, school, medical, or community settings.

Captioning an audience — a class, a service, a conference, a performance, or any other setting where captions are being provided for other people rather than to you — requires an event pass. Circumventing that requirement, including by using personal allowances or multiple accounts to caption events, is a violation of these Terms.

You may not use the Services to provide captioning services professionally to third parties or clients, or to subcontract, resell, white-label, or rebrand captioning to others, without our specific prior written authorization.

11. Fair Use

Access to the Services, including features described as “unlimited” (such as unlimited audience size on a pass), is subject to fair use. What is reasonable depends on typical usage patterns across our user base, but generally means usage consistent with ordinary personal, organizational, or event communication needs, and not excessive, automated, or abusive of our systems.

We reserve the right to limit, restrict, or suspend the Services for accounts that consistently exceed what we determine to be reasonable usage. Except where immediate action is necessary to protect the Services or other users, we will provide notice and a 3-day period to bring usage back within reasonable levels before limiting functionality, reducing quality of service, or suspending the account.

12. Your Content

You are solely responsible for all audio, captions, transcripts, titles, custom vocabulary, text, and other materials that you capture, generate, save, send, publish, display, or otherwise use through the Services (“Your Content”).

We do not claim ownership of Your Content. However, we need certain rights in order to operate the Services. By using the Services, you:

(a) represent and warrant that you own or otherwise have all rights necessary to capture, transmit, save, and share Your Content through the Services, and that doing so does not and will not violate these Terms or infringe or otherwise violate the rights of any person or entity;

(b) grant us a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to host, store, transmit, display, reproduce, adapt, and process Your Content solely as necessary to provide, maintain, secure, and support the Services for you — for example, relaying your captions to the Viewers you invited, storing transcripts you chose to save, generating an export file you requested, and diagnosing service failures; and

(c) acknowledge that this license ends with respect to a given item of Your Content when you delete it, subject to reasonable operational delay and to any retention required by law.

We do not use the content of your conversations, captions, or saved transcripts to train artificial intelligence or speech recognition models, and we do not sell it. Our processing of your information, including the role of the third-party providers we rely on, is described in our Privacy Policy, which is incorporated into these Terms.

Although we do not pre-screen Your Content, we and our designees have the right (but not the obligation), in our sole discretion, to refuse, remove, or disable without notice any content stored on or transmitted through the Services that we believe violates these Terms, infringes the rights of others, or is otherwise unlawful.

Backups. We will not be liable for any loss or corruption of Your Content, or for any costs or expenses associated with backing up or restoring it. Do not treat the Services as a reliable or sole store of anything you cannot afford to lose. Export and keep your own copies of transcripts that matter to you.

13. Data Handling, Retention, and Deletion

The following describes how the Services handle data in ordinary operation. Our Privacy Policy governs and contains the full description.

• Audio. Audio is processed only to generate captions while a session is running. We do not record or store your audio.
• Live captions. Captions appear on your Device as they are produced. During a live session a temporary copy may be kept on your own Device so that a dropped connection or expired sign-in does not destroy work in progress. You can clear it from within the app.
• Saved transcripts. A transcript is stored by us only when you choose to save it. Saved transcript history is a paid-plan feature; on the free plan, captions are available for the current session and are not retained afterwards. You can rename, export, and permanently delete any saved transcript at any time from within the app.
• Broadcast content. Captions shared to Viewers are stored only for the length of the broadcast and are cleared when it ends. Viewers are counted in a way that does not identify them and does not outlive the broadcast.
• Account deletion. You may request deletion of your account at any time using the account deletion request page, or by emailing us. On a verified request, your account and associated data — including your name, email address, saved transcripts, custom vocabulary, and app data — will be permanently deleted within 30 days. Deletion cannot be undone. We may retain limited records where required for legal, tax, accounting, fraud-prevention, or dispute-resolution purposes, and may retain de-identified aggregate usage statistics that cannot be linked back to you.

14. Acceptable Use — Restrictions

You agree not to do, and not to authorize or permit any third party to do, any of the following:

1. Use the Services to listen to or transcribe a conversation without disclosing that the Services are in use and obtaining any consent required in your jurisdiction;
2. Use the Services in any jurisdiction, or in any manner, where such use would be unlawful;
3. Use the Services for any purpose other than accessibility, captioning, and transcription of speech;
4. Rely on the Services in emergency situations or in any circumstance where exact transcription is critical (see Section 3);
5. Caption an audience, event, or venue without a valid event pass, or otherwise circumvent plan limits, allowances, usage measurement, or rate limits — including by creating multiple accounts, sharing accounts, or tampering with the app or its network requests;
6. Interfere with, tamper with, or attempt to falsify usage reporting, session accounting, purchase verification, or entitlement checks;
7. Sell, license, rent, lease, lend, redistribute, sublicense, or resell the Services or access to them;
8. Copy, reproduce, distribute, modify, port, translate, or create derivative works of the Services;
9. Decompile, disassemble, reverse engineer, or otherwise attempt to derive or discover the source code, underlying ideas, or algorithms of the Services (except to the extent this restriction is prohibited by applicable law);
10. Access the Services by any automated means, or build, operate, or expose an API, scraper, bot, or wrapper around the Services, without our prior written permission;
11. Use the Services, or content generated by them, to train, fine-tune, evaluate, or benchmark any machine learning or artificial intelligence model;
12. Knowingly leave the Apps running so that a session is held open on a continuous, non-stop basis without a person present;
13. Interfere with or disrupt the Services, or the servers or networks connected to them, or breach or circumvent any security, authentication, or rate-limiting measure;
14. Remove, alter, or obscure any copyright, trademark, attribution, or other proprietary rights notice or branding displayed on or within the Services;
15. Impersonate any person or entity, or misrepresent your affiliation with a person or entity;
16. Capture, transcribe, or relay content that is unlawful, harassing, defamatory, or that infringes the intellectual property, privacy, or publicity rights of any person;
17. Use the Services to further or promote criminal activity, or to surveil, stalk, or harass any person;
18. Violate any applicable local, state, national, or international law, or any regulation having the force of law.

If you violate any restriction in these Terms, your right to use the Services may be restricted, additional charges may apply, and/or we may suspend or terminate your access at our discretion. We reserve all rights not expressly granted in these Terms; no licenses are granted by implication, estoppel, or otherwise.

15. General Practices, Availability, and Changes to the Services

You acknowledge that we may establish general practices and limits concerning use of the Services, including the maximum length of a session, the maximum period for which transcripts are retained, the maximum storage allotted to your account, the number of simultaneous Viewers, and rate limits on starting sessions. The Services will evolve over time as we refine and add features.

We reserve the right to modify, limit, suspend, or discontinue the Services (or any part of them), temporarily or permanently, at any time, with or without notice. This includes a global pause on new captioning sessions where necessary to respond to an incident, a provider outage, abuse, or a cost or security emergency. We may also remove content from the Services at our discretion, and we may change these general practices and limits at any time.

While we intend the Services to be available as much as possible, there will be occasions when they are unavailable or interrupted, including for scheduled maintenance or upgrades, emergency repairs, third-party provider outages, or failures of telecommunications links or equipment. The Services depend on your Device’s microphone, your internet connection, and third-party providers, none of which we control.

16. Suspension and Termination

We may suspend or terminate your access to the Services, in whole or in part, for any reason or no reason, with or without notice, at our sole discretion — including where we believe you have violated these Terms, where your account is associated with fraud or abuse, or where required by law or by a third-party provider. Suspension or termination may include immediate deactivation of your account and deletion of your account data.

If your access is suspended or terminated, you agree to make no further use of the Services. We will not be liable to you or to any third party for any suspension or termination of your access. Where we terminate a paid subscription without cause, we will provide a pro-rata refund of prepaid, unused subscription fees for the then-current term (or, for in-app purchases, will assist you in seeking one from the applicable store).

You may stop using the Services at any time, cancel your subscription through your app store account, and request deletion of your account as described in Section 13.

Sections that by their nature should survive termination — including Sections 3, 12, 13, 17, 21, 22, 23, 24, 25, and 26 — survive.

17. Intellectual Property, Trademarks, and Feedback

Our property. The Services, the Site, the Apps, and all software, design, text, graphics, interfaces, and other content provided by us (excluding Your Content) are owned by Hill Tribe Solutions, Inc. or its licensors and are protected by intellectual property laws. “Clear Transcribe AI,” “Hill Tribe Solutions,” our logos, and any product or service name or slogan included in the Services are our trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. The look and feel of the Services, including custom graphics, icons, and scripts, is our trade dress.

Third-party trademarks. All other trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners. Their use is intended to denote interoperability and does not constitute an affiliation with, or an endorsement or approval by, those companies.

Feedback. Any questions, comments, suggestions, ideas, bug reports, or other feedback you provide about the Services (“Submissions”) are non-confidential and non-proprietary, and we are entitled to unrestricted use and dissemination of them for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

18. Third-Party Services and Links

The Services depend on and interoperate with third parties, including our automated speech recognition provider, our subscription-management provider, our hosting provider, our native app packaging provider, and the Apple App Store and Google Play. Your use of the Services is subject to those providers’ availability and terms, and we are not responsible or liable for their acts, omissions, outages, changes, or policies.

The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for their availability, accuracy, content, products, or services. You are solely responsible for your use of them.

19. Copyright and DMCA

We respect the intellectual property of others and ask that you do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and are properly provided to us. We reserve the right to remove or disable content alleged to be infringing and to terminate the accounts of repeat infringers.

Notices of alleged copyright infringement should be addressed to our designated Copyright Agent, marked for that agent's attention, at the address and email set out in Section 33.

20. User Disputes

You are solely responsible for your interactions with other users of the Services, including Hosts, Viewers, and other participants in a captioned conversation or event. We have no liability or responsibility with respect to those interactions. We reserve the right, but have no obligation, to become involved in disputes between users.

21. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HILL TRIBE SOLUTIONS, INC. DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THESE TERMS, THE SITE, THE APPS, THE SERVICES, YOUR CONTENT, THIRD-PARTY SERVICES, AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE, INCLUDING ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE CAPTIONS, TRANSCRIPTS, OR TRANSLATIONS PRODUCED BY THE SERVICES WILL BE ACCURATE, COMPLETE, TIMELY, OR SUITABLE FOR ANY PURPOSE, OR THAT THEY WILL SATISFY ANY ACCESSIBILITY OR LEGAL REQUIREMENT; (B) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; OR (C) ANY DEFECT IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINE, OR ADVICE GIVEN BY US OR OUR REPRESENTATIVES WILL CREATE A WARRANTY.

22. Limitation of Liability

You acknowledge and agree that we are not liable to you for your use of the Services, for any faulty capture of audio, or for any error, omission, delay, or interruption in any transcription, caption, translation, or broadcast. You agree that we have no responsibility or liability for the deletion of, or failure to store, any data or content, and that you will not treat the Services as reliable storage. You agree that we will not be liable for any modification, limitation, suspension, or discontinuance of the Services. Under no circumstances will we be liable for the content or materials of any third party, including other users.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HILL TRIBE SOLUTIONS, INC. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE, MISUSE, OR INABILITY TO USE THE SERVICES; (II) INACCURATE, INCOMPLETE, DELAYED, OR MISSING CAPTIONS OR TRANSCRIPTIONS; (III) THE UNAVAILABILITY OR FAILURE OF A BROADCAST DURING AN EVENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES; (VI) ANY BREACH OF THESE TERMS BY YOU; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

23. Indemnification

You agree to release, indemnify, defend, and hold harmless Hill Tribe Solutions, Inc. and its affiliates, and their respective officers, directors, employees, and agents, from and against all liabilities, losses, damages, expenses (including settlement costs, reasonable attorneys’ fees, penalties, interest, and disbursements), rights, claims, suits, actions, or proceedings of any kind, and injury (including death), arising out of or relating to: (i) your use of the Site, the Apps, or the Services; (ii) Your Content; (iii) your failure to obtain any consent required to record, transcribe, caption, or relay another person’s speech; (iv) any event you host or caption using the Services, including any claim that captioning provided was inaccurate, unavailable, or legally insufficient; (v) your violation of these Terms; or (vi) your violation of any right of another person or entity.

24. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first. You and we agree to notify each other of any dispute within 30 days of when it arises and to attempt in good faith to resolve it informally before initiating arbitration. Notice to us should be sent to the address in Section 33.

Agreement to arbitrate. Except as set out below, you and Hill Tribe Solutions, Inc. agree to arbitrate any dispute arising out of or relating to these Terms or the Services. ARBITRATION PREVENTS YOU FROM SUING IN COURT AND FROM HAVING A JURY TRIAL.

Exceptions. Neither party is required to arbitrate: (i) a dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents; or (ii) a claim that qualifies for small claims court and is brought there on an individual basis.

Procedure. Arbitration will be administered by JAMS under its applicable rules, conducted confidentially by a single arbitrator, and held in Sacramento County, California (or, at your election, by telephone, videoconference, or on documents only). The arbitrator may not award damages excluded or in excess of the limitations set forth in these Terms, and each party waives any claim to such damages. The arbitrator may, in their discretion, assess costs and expenses (including reasonable legal fees of the prevailing party) against any party. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in court to avoid immediate and irreparable harm. This arbitration provision is enforceable in any court of competent jurisdiction.

Class action waiver. WHETHER A DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND WE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to us at the address in Section 33 within 30 days of first accepting these Terms, stating your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your use of the Services.

25. Governing Law and Jurisdiction

These Terms and any dispute arising out of them or the Services are governed by the laws of the State of California, without regard to its conflict-of-law rules. With respect to any dispute or claim not subject to arbitration, you and we agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Sacramento County, California, and to the exclusive jurisdiction of those courts over any appeal of an arbitration award.

26. Time Limitation on Claims

You must bring any claim related to these Terms or the Services within one year of the date you could first bring the claim, unless your local law requires a longer period. A claim not filed in time is permanently barred.

27. Additional Terms for Apple App Store Users

If you obtained the Apps from the Apple App Store, the following applies and prevails over any conflicting provision of these Terms:

1. These Terms are between you and Hill Tribe Solutions, Inc. only, not with Apple Inc. (“Apple”). Apple is not responsible for the Apps or their content.
2. The license granted to you for the App is a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Apple has no obligation to furnish any maintenance or support services for the App.
4. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
5. Hill Tribe Solutions, Inc., not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
6. Hill Tribe Solutions, Inc., not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights.
7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
9. Questions, complaints, or claims regarding the App should be directed to us using the contact details in Section 33.

28. Additional Terms for Google Play Users

If you obtained the Apps from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the Apps. Refunds for purchases made through Google Play are governed by Google’s refund policy.

29. Legal and Export Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws in connection with your use of the Services.

30. Changes to These Terms

We may revise these Terms from time to time, and the most current version will always be posted on the Site. If a revision is material, in our sole discretion, we will notify you — for example, by email or by an in-app notice. Other changes may simply be posted, so please check this page periodically. By continuing to use the Services after changes take effect, you agree to be bound by the revised Terms. If you do not agree, you must stop using the Services and may cancel your subscription and request deletion of your account.

31. General Provisions

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive agreement between you and us regarding the Services and supersede any prior agreements. Except as stated in Section 27, these Terms create no third-party beneficiary rights. These Terms also govern any upgrade or supplement to the Services unless accompanied by separate terms, in which case those terms govern for that upgrade or supplement.

Assignment. You may not assign any of your rights under these Terms, and any attempted assignment is void. We may assign our rights, with or without notice to you, to an affiliate or to a successor in interest to the business associated with the Services.

Force majeure. We will not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disaster, epidemic, war, civil unrest, labor disruption, government action, power failure, telecommunications or internet failure, third-party provider outage, or theft or destruction of our facilities or equipment.

Severability. These Terms apply to the maximum extent permitted by applicable law. If any provision is found unenforceable, the remaining provisions remain in full effect and an enforceable term reflecting our intent as closely as possible will be substituted.

Waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

32. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may contact us using the details in Section 33.

Automatic renewal. Subscriptions purchased through the iOS or Android Apps renew automatically until cancelled. You may cancel at any time in your Apple ID or Google Play account settings, effective at the end of the current billing period. See Section 9.

33. How to Contact Us

Please contact us to report a violation of these Terms, to send any legal notice required or permitted under these Terms, or to ask any question about these Terms, the Site, the Apps, or the Services. Notices to our designated Copyright Agent and notices under Section 24 should be marked for that recipient's attention.

Hill Tribe Solutions, Inc.
8465 Elk Grove Florin Rd, Ste 100 #2121
Elk Grove, CA 95624
United States
legal@cleartranscribeai.com