Terms of Use

1. Acceptance of Terms

Welcome to FifthDraft. These Terms of Use ("Terms") govern your access to and use of the FifthDraft platform, including our website, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 13 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable laws
• Provide accurate and complete registration information

3. Account Registration and Security

3.1 Account Creation

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

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities that occur under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in any fraudulent, abusive, or illegal activity.

4. Subscription Plans and Billing

4.1 Subscription Tiers

We offer multiple subscription tiers:

• Free: 30 minutes/month, Meeting Notes mode, 7-day transcript retention
• Pro: 2000 minutes/month, Idea Studio with AI Research, lifetime retention ($149/year or $15/month)
• Pro+: 4000 minutes/month, team collaboration, priority support ($299/year) - waitlist only

4.2 Payment and Billing

• Subscriptions are billed monthly or annually in advance
• All fees are non-refundable unless required by law
• You authorize us to charge your payment method for recurring fees
• Prices may change with 30 days' notice
• Unused minutes do not roll over to the next billing period

4.3 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds will be provided for partial months or unused features.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use our Services for lawful purposes, including:

• Recording and transcribing meetings, interviews, and voice memos
• Creating notes and action items from audio content
• Brainstorming and organizing ideas
• Collaborating and sharing content with others

5.2 Prohibited Activities

You may NOT:

• Violate any applicable laws, regulations, or third-party rights
• Record conversations without consent where required by law
• Upload content that is illegal, harmful, threatening, abusive, or discriminatory
• Infringe intellectual property rights of others
• Reverse engineer, decompile, or attempt to extract source code
• Use automated tools to access the Services (bots, scrapers, etc.)
• Attempt to gain unauthorized access to our systems
• Transmit viruses, malware, or other harmful code
• Resell, lease, or sublicense the Services
• Use the Services to compete with FifthDraft

6. Intellectual Property Rights

6.1 Your Content

You retain all rights to the content you create using our Services, including your audio recordings, transcriptions, and notes. By using our Services, you grant us a limited license to process, store, and display your content solely to provide the Services to you.

6.2 Our Platform

FifthDraft and its original content, features, and functionality are owned by FifthDraft and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our explicit permission.

6.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without any obligation to compensate you.

7. AI Processing and Data Usage

7.1 AI Services

We use third-party AI services to process your content:

• OpenAI Whisper API for audio transcription
• Claude Haiku 4.5 API for text cleanup and action item extraction

By using our Services, you consent to this processing. We ensure our AI providers do not use your data to train their models.

7.2 Audio Recording Consent

You are responsible for obtaining all necessary consents before recording any conversation or audio content. Recording laws vary by jurisdiction, and you must comply with all applicable laws.

8. Data Retention and Deletion

• Audio recordings are automatically deleted after 48 hours
• Transcriptions and notes are retained while your account is active
• You can manually delete any content at any time
• Upon account termination, your data will be deleted within 30 days
• Backup data may be retained for up to 90 days

9. Privacy and Security

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. While we implement industry-standard security measures, no system is completely secure, and we cannot guarantee absolute security.

10. Third-Party Services and Links

Our Services may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.

11. Disclaimers and Warranties

11.1 Service Availability

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee that the Services will be uninterrupted, error-free, or secure.

11.2 Accuracy

While we strive for accuracy, AI-generated transcriptions and notes may contain errors. You are responsible for reviewing and verifying the accuracy of all generated content.

11.3 No Professional Advice

Our Services are for informational purposes only and do not constitute professional, legal, financial, or medical advice.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability is limited to the amount you paid us in the 12 months preceding the claim
• We are not responsible for loss of data, profits, revenue, or business opportunities
• These limitations apply even if we were advised of the possibility of such damages

Some jurisdictions do not allow certain limitations, so these may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless FifthDraft, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or recordings

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with us, please contact us at support@fifthdraft.ai to seek an informal resolution before pursuing formal legal action.

14.2 Arbitration

Any disputes that cannot be resolved informally will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to a jury trial and class action.

14.3 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

15. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after changes constitutes acceptance of the new Terms.

16. Termination

16.1 By You

You may terminate your account at any time through your account settings or by contacting support.

16.2 By Us

We may suspend or terminate your access immediately if:

• You violate these Terms
• Your account is involved in fraudulent or illegal activity
• Required by law or regulatory requirements
• We cease operating the Services

16.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will delete your data in accordance with our retention policy. Provisions that should survive termination (payment obligations, intellectual property, disclaimers, limitations of liability) will continue to apply.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FifthDraft.

17.2 Severability

If any provision is found to be unenforceable, the remaining provisions will remain in effect.

17.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations to any party at any time.

17.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.