PAPYRUS TERMS OF USE

Last Updated: February 13, 2024

 

These Terms of Use, together with any documents expressly incorporated by reference herein (collectively, the “Terms”), govern access to and use of the website, web-based and mobile applications, and other services (collectively, the “Service”) made available by Knowledge Compounders, Inc., doing business as Papyrus, Papyrus.ai, and Papyrus.io (collectively, “Papyrus,” “we,” “us,” or “our”). These Terms are a legally binding contract between you and Papyrus regarding your use of the Service. As used herein, “you” or “your” means any entity, university, organization, or company accessing or using the Service (“Organization”) as well as any individual end user accessing and using the Service, as applicable. If you are entering into these Terms on behalf of an Organization, you hereby represent and warrant that you have the requisite authority to bind such Organization.

 

Please review our Privacy Notice http://papyrus.io/privacy-policy, which is incorporated into these Terms by reference, for additional information about our privacy practices and principles.

 

Please read these Terms carefully before using the Service. BY ACCESSING THE SERVICE IN ANY WAY, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY, A MANDATORY INDIVIDUAL ARBITRATION PROVISION, AND A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO USE THE SERVICE.

 

Papyrus Service Overview

We (the Papyrus team) run an application called Papyrus and would love for you to use it. Our basic service is currently free, and we may offer paid upgrades for advanced features (an “Upgrade”). If you select an Upgrade, then you agree to pay Papyrus the monthly subscription fees indicated for such Upgrade. Our service is designed to store data related to your meeting. Papyrus uses AI-powered technology to transform voice conversations into legible text. The service also enables you to share conversations and associated transcripts with others.

 

Eligibility to Use the Service

We do not permit individuals under 18 years of age to become registered users of the Service. By using the Service, you represent and warrant that: (i) you are at least 18 years of age; and (ii) you have the right, authority, and capacity to enter into and to abide by the terms and conditions of these Terms.

 

Accessing the Service and Privacy

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Notice http://papyrus.io/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Notice. You agree that the information you provide to us is correct, current, and complete, and that you have all necessary rights and approvals to provide such information. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Service, or any features at all.

 

When you register, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected]. You acknowledge and agree that except as provided otherwise in these Terms, any User Content, data, recordings, and information you enter into or upload to the Service or that we collect in connection with the Service (collectively, “User Data”) will be processed as described in the Papyrus Privacy Notice http://papyrus.io/privacy-policy. Papyrus will employ commercially reasonable security measures that are designed to protect User Data in its possession or control against unlawful or unauthorized access, use, alteration, or disclosure.

 

User Content Ownership and Licensing

Certain features of the Service may permit users to upload content to the Service (including by syncing your account with Third-Party Accounts as further described in this Section), including voice recordings, audio recordings, data, text, photographs, and other types of works (“User Content”), and to otherwise publish User Content on the Service. To the extent you desire to use the Service in connection with materials or information located on your Zoom, Dropbox, or other third-party accounts (collectively, “Third-Party Accounts”), you hereby grant Papyrus permission to access the Third-Party Accounts in connection with Papyrus’s provision of the Service. As between you and Papyrus, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

 

You retain all ownership rights you may have to the User Content processed using the service. You grant Papyrus a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify, export, process, and transform your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed in a manner that is under your control.

 

Papyrus may permit you to share certain User Content or the results of processing User Content with other users of the Service, share User Content or the results of processing User Content outside of the Service, or even make certain User Content or the results of processing User Content public for all (even non-Service users) to view. You acknowledge and agree that, although Papyrus may provide certain features intended to allow you to restrict access of some User Content you create from others, Papyrus does not guarantee that such User Content or any results of processing User Content will never be accessible by others. To the fullest extent permitted by law, Papyrus is not responsible for the use of any User Content or results of processing User Content by users or non-users of the Service or any third parties.

 

Restrictions on Use

It is a condition of these Terms that you do not upload, post, transmit or otherwise make available:

  • any User Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
  • any User Content that constitutes or promotes any illegal activity, including, without limitation, any User Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
  • any User Content that is false, misleading, or fraudulent;
  • any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any User Content that violates or infringes upon the rights of others, including User Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
  • any User Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his / her express permission or (ii) that person is under eighteen years old but you are his / her parent or legal guardian;
  • any request for or solicitation of any personal or private information from any individual;
  • any request for or solicitation of money, goods, or services for private gain;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • any User Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • violate any local, state, national or international law, rule or regulation.

 

Responsibility for User Content

Voice Recordings. The Service may provide a feature that allows you to record individual conversations and / or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required under applicable law.

 

User Content Representations and Warranties. Papyrus disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

  • you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Papyrus and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you, in the manner contemplated by Papyrus, the Service, and these Terms;
  • your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Papyrus to violate any law or regulation; and
  • your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

 

User Content Disclaimer. Papyrus may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Papyrus with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Papyrus does not permit copyright-infringing activities on the Service.

 

Monitoring Content. Papyrus does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. Papyrus is not responsible for the use of any User Content by users or any third parties. You acknowledge and agree that Papyrus reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Papyrus chooses to monitor the content, Papyrus still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.

 

Machine Learning. Papyrus shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (“Usage Data”). The Service may be implemented using machine learning systems or other artificial intelligence with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing User Content and Usage Data (“Machine Learning”). Nothing in these Terms prohibits Papyrus from using such Machine Learning for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models, or algorithms underlying the Service. However, we do not and will not train foundation models on user uploaded private data. Nothing in these Terms gives you any rights in or to any part of the Service or the Machine Learning generated by Papyrus or the Machine Learning generated in the course of providing the Service.

 

AI-Generated Content

Definitions. “Papyrus AI” means any features or functionality made available by Papyrus or labeled as Papyrus AI that utilize data models trained by machine learning. “Input” means any input provided by you to be processed by Papyrus AI. “Output” means any output generated and returned to you based on the Input.

 

Your Responsibilities. Input and Output are User Data and you are solely responsible for the development, content, operation, maintenance, and use of such User Data. You acknowledge and agree that all Output is presented in summary form, is general in nature, and is provided for informational purposes only. You will ensure that your Input, Output, and use of Papyrus AI will not (i) violate any applicable law; (ii) violate these Terms; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Papyrus AI, Output may not be unique, and Papyrus may generate the same or similar output for third parties. You hereby irrevocably release, and agree not to sue, Papyrus or any of its affiliates with respect to any liability for infringement, misappropriation, or violation of any rights with respect to the Output.

 

Restrictions. Customer may not use Papyrus AI to: (i) develop foundation models or other large scale models that compete with Papyrus AI; (ii) mislead any person that Output from the Services was solely human generated; or (iii) use Papyrus AI in a manner that violates these Terms or any OpenAI Policy, including, OpenAI’s Usage Policy, Content Policy, Sharing and Publication Policy, and Community Guidelines, or any other third-party terms, guidelines, policies or the like to which Papyrus links in connection with generation of Output.

 

Third-Party Content

Our Service may provide access to third-party websites and services. We do not control the content of such websites and services, and we are not responsible for their content, practices, or standards. Inclusion of any third-party link does not imply a recommendation or endorsement by us. We are not responsible for any damages or injuries of any kind arising in connection with the content of linked third-party sites, services, advertisements, or other resources framed within our Service. We do not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.

 

Violation of Copyrights

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

General Counsel

2261 Market St

#5715

San Francisco, CA 94114

[email protected]

 

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Papyrus does not knowingly violate or permit others to violate the copyrights or other intellectual property rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. Papyrus will promptly terminate the accounts of users that are determined by Papyrus to be repeat infringers.

 

Indemnification

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Papyrus and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Papyrus Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature of content of User Data processed by the Service; (e) any dispute or issue between you and any third party; or (f) any other claim that arises from or relates to your use of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

Disclaimers

THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PAPYRUS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PAPYRUS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE (OR YOUR ACCESS THERETO), OR ANY DATA, MATERIALS, OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PAPYRUS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. PAPYRUS IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY USER DATA, CONTENT OR TRANSCRIPTIONS, USER COMMUNCIATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. PAPYRUS MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE TRANSCRIPTION.

 

PAPYRUS DOES NOT MAKE ANY WARRANTY AS TO PAPYRUS AI, OUTPUT, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PAPYRUS AI OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH PAPYRUS AI, INCLUDING WITH RESPECT TO THE FACTUAL ACCURACY OF ANY OUTPUT OR SUITABILITY FOR YOUR USE CASE. YOU UNDERSTAND AND AGREE THAT THE USE OF ANY MATERIAL AND / OR DATA OBTAINED THROUGH THE USE OF ANY PAPYRUS AI FEATURE IS AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAPYRUS OR THROUGH PAPYRUS AI SHALL CREATE ANY WARRANTY.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PAPYRUS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PAPYRUS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF, USE OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Papyrus does not disclaim any warranty or other right that Papyrus is prohibited from disclaiming under applicable law.

 

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PAPYRUS ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY MATERIALS OR CONTENT ON THE SERVICE, OR ANY OTHER MATTER THAT RELATES TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PAPYRUS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PAPYRUS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PAPYRUS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Service Modification and Termination

Papyrus reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Papyrus will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Papyrus may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at [email protected].

 

Changes to these Terms

We reserve the right to make additions, deletions, or modifications to these Terms at any time without prior notification. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to periodically check this page so you are aware of any changes, as they are binding on you.

 

Dispute Resolution

Jurisdiction and Venue. Subject to the dispute resolution provisions below, all claims and disputes relating to these Terms or the Services may only be brought in the federal or state courts of San Francisco County, California. Both Customer and Papyrus consent to venue and personal jurisdiction there. Notwithstanding anything to the contrary, if Customer represents an entity or institution subject to state law mandating different dispute resolution terms or governing law, Papyrus agrees to such state law requirements.

 

Informal Resolution. Before filing a claim, Papyrus must first be contacted through the notice procedures below. If a dispute is not resolved within 30 days of notice, a formal proceeding may be brought in accordance with this section.

 

Mandatory Arbitration. Any claims or disputes relating to these Terms or the Services must be resolved through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be in English and held in San Francisco, California.

 

Exceptions. A lawsuit may be filed in the federal or state courts of San Francisco County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute resolution process described above.

 

NO CLASS ACTIONS. DISPUTES WITH PAPYRUS MAY ONLY BE RESOLVED ON AN INDIVIDUAL BASIS AND NEITHER YOU NOR ANY USER WILL BRING A CLAIM IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE PARTIES EXPRESSLY WAIVE ANY CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS.

 

Miscellaneous

These Terms, together with the Papyrus Privacy Notice and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Papyrus regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

Contact Us

If you have any questions, complaints, or claims relating to the Service or these Terms, or if you would like to receive a copy of these Terms in an alternative format, please contact us at:

 

Papyrus.io

2261 Market St

#5715

San Francisco, CA 94114

[email protected]