Terms of Service

1. Acceptance of these Terms

These Terms of Service (the “Terms”) are an agreement between you and Clone Labs, Inc. (“Clone,” “we,” “us,” or “our”) and govern your use of our websites, applications, APIs, and related services (collectively, the “Services”).

By using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services. These Terms do not replace any separate choice or consent required for optional data processing.

If you use the Services for an organization, you represent that you may bind that organization. If Clone and an organization enter into a Data Processing Addendum (“DPA”), the DPA governs Clone's processing of Customer Personal Data, as defined in that DPA, to the extent of any conflict with these Terms.

2. Eligibility and accounts

You must be at least 18 years old and legally able to enter into these Terms. You must provide accurate account information, protect your credentials and API tokens, and promptly report suspected unauthorized access. You are responsible for activity under your account unless caused by Clone's breach of these Terms.

3. User Content

You retain ownership of data, files, prompts, conversations, recordings, and other content you submit to or generate through the Services (“User Content”).

You grant Clone and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, and sublicensable license to process, reproduce, transmit, distribute, use, and display User Content as reasonably necessary to provide, secure, support, maintain, analyze, and improve the Services, comply with law, carry out your instructions, and create Deidentified Data. This license lasts for as long as Clone retains the applicable User Content, except that rights required for backups, legal compliance, and Deidentified Data survive.

“Deidentified Data” means data derived from User Content, outputs, service data, or use of the Services that does not identify and is not reasonably capable of being used to identify you, your organization, another individual, or a third party. “Analytics Data” means anonymous or aggregate statistics about use of the Services. Clone may use and disclose Deidentified Data and Analytics Data for lawful business purposes, including to develop, improve, train, validate, and update its models, algorithms, products, and services. Clone owns Deidentified Data and Analytics Data and will not attempt to reidentify Deidentified Data except to test whether its deidentification processes comply with law.

Clone does not use private User Content or personal information to train a general-purpose model for other users unless you separately and expressly consent. You represent that you have all rights, notices, permissions, and lawful bases required for your User Content and for Clone to process it as described in these Terms and the Privacy Policy.

4. Recording and privacy

Some features may capture screen or application activity, typed input, audio, transcripts, speaker information, voice embeddings, and information about other people. You control what you record or submit and are responsible for providing legally required notices and obtaining required permissions, including in workplace, meeting, and multi-speaker settings.

Automated exclusions may not identify every password field, sensitive application, or sensitive window. Pause recording or exclude applications before handling confidential, privileged, regulated, or other sensitive material. Turning off a feature or ending use of the Services does not automatically delete previously stored information. Data practices and deletion options are described in the Privacy Policy.

5. AI outputs

The Services may use artificial intelligence and personalized models to generate predictions, memories, recommendations, actions, or other results (“Outputs”). As between you and Clone, and to the extent permitted by law, you own your Outputs. Clone assigns to you any rights it may have in an Output generated solely through your use of the Services. Outputs may not be unique, and other users may receive similar or identical Outputs.

Outputs may be incomplete, inaccurate, unsafe, or unsuitable and are not professional advice. You must review Outputs before relying on, publishing, or acting on them. You remain responsible for your decisions and must not use an Output as the sole basis for a legal, medical, financial, employment, housing, credit, insurance, education, safety, or similarly high-impact decision.

6. Acceptable use

You may not use the Services to:

• violate law, contract, or another person's rights, facilitate unlawful surveillance, or commit a tort;
• harass, threaten, stalk, impersonate, or misrepresent affiliation, authorization, or the source of content;
• access or use another person's account without authorization;
• capture, process, export, or disclose information without required rights, notices, consents, permissions, and lawful bases;
• sell, resell, sublicense, rent, lease, or provide the Services or usage credits to others except as permitted by your plan or a written agreement;
• copy, modify, distribute, publicly display, or create derivative works from non-public parts of the Services except as expressly permitted;
• use non-public or hosted portions of the Services to create a directly competing service or model;
• bypass security, access, privacy, content-filtering, rate, usage, or seat controls, or probe, disrupt, overburden, or introduce malware into the Services;
• scrape, crawl, mine, reverse engineer, decompile, or extract source code, model weights, prompts, training data, system instructions, or other non-public technical information except where applicable law expressly permits;
• bypass instructions in a robots.txt file, send spam, or use the Services for unauthorized automated extraction; or
• create, submit, or share content that is unlawful, infringing, fraudulent, abusive, defamatory, obscene, malicious, or invasive of another person's privacy.

You must follow usage limits, product instructions, and the terms of third-party services you connect. Clone may remove content or restrict access when reasonably necessary to enforce these Terms, comply with law, or protect the Services or others.

7. Software, intellectual property, and feedback

Subject to these Terms, Clone grants you a limited, revocable, non-exclusive, non-transferable license to use its software solely to access the Services. Clone and its licensors retain all rights in the Services, excluding User Content and open-source components. Open-source components are governed by their applicable licenses, which control in the event of a conflict.

If you provide feedback, Clone may use it without restriction or compensation, but you are not required to provide feedback.

8. Paid plans

Prices, taxes, billing periods, included usage, trial terms, and refund terms are shown at checkout or in the applicable order. Unless stated otherwise, subscriptions automatically renew until canceled, and you authorize Clone and its payment processor to charge your selected payment method.

You may cancel through available account or billing controls. Cancellation normally takes effect at the end of the current paid period. Payments are non-refundable except as stated at checkout or required by law. Clone may change future prices with reasonable notice.

9. Third-party services

The Services may interoperate with third-party models, platforms, and integrations. When you enable or connect one, you authorize Clone to transmit the information needed to provide the feature.

Third-party services operate under their own terms and privacy policies. Clone does not control them and is not responsible for their availability, data practices, or outputs. Do not use a third-party feature for data subject to specific confidentiality, residency, or retention requirements unless the applicable configuration and agreement meet those requirements.

10. Service changes, suspension, and termination

Preview, experimental, and beta features may be less reliable and may change or end. Clone may modify, suspend, or discontinue all or part of the Services and, when reasonably practical, will notify users of material changes that adversely affect paid Services.

You may stop using the Services at any time. Clone may suspend or terminate access for a material breach, nonpayment, legal or security risk, or to protect the Services or others. Ending use, signing out, or terminating an account does not necessarily delete local application data; available deletion procedures are described in the Privacy Policy.

Provisions that by their nature should survive termination will survive, including ownership, disclaimers, liability limits, indemnity, and dispute terms.

11. Warranty disclaimer

To the fullest extent permitted by law, the Services and Outputs are provided “as is” and “as available.” Clone disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and security.

Clone does not warrant that the Services or Outputs will be uninterrupted, error-free, or meet your requirements.

12. Limitation of liability

To the fullest extent permitted by law, Clone and its affiliates, officers, employees, agents, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption, arising from or related to the Services or these Terms.

Their total aggregate liability for all claims will not exceed the greater of $100 or the amount you paid Clone for the Services during the 12 months before the event giving rise to liability.

These limits do not apply where liability cannot legally be limited or excluded.

13. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Clone and its affiliates, officers, employees, and agents from third-party claims, damages, losses, and reasonable expenses arising from your User Content, misuse of the Services, failure to obtain required rights or permissions, or violation of these Terms or another person's rights. Clone will promptly notify you and reasonably cooperate in the defense.

14. Dispute resolution, class waiver, and governing law

Please read this section carefully. Except where prohibited by law or if you timely opt out, you and Clone agree to resolve most disputes through final and binding individual arbitration, not in court or as part of a class, collective, consolidated, or representative action.

Informal resolution

Before filing an arbitration demand or small-claims action, the claiming party must email a written notice to contact@clone.is that identifies the claimant, describes the dispute and requested relief, and includes the claimant's personal signature. The parties will attempt in good faith to resolve the dispute for 60 days after a complete notice is received. Applicable limitation periods are tolled during this period.

Individual arbitration

Unresolved disputes will be administered by National Arbitration and Mediation (“NAM”) under its applicable rules, as modified by these Terms. The Federal Arbitration Act governs this arbitration provision. Arbitration will proceed only on an individual basis. The arbitrator may grant any relief available in court for the individual claim but may not consolidate claims or preside over a class, collective, consolidated, or representative proceeding.

Either party may bring an individual claim in small-claims court. Claims concerning patents, copyrights, trademarks, trade secrets, or requests for emergency injunctive relief may be brought in a court of competent jurisdiction.

Mass arbitration

If 25 or more substantially similar claims are submitted by the same or coordinated counsel, each side will select 10 claims to proceed first in individual arbitrations. Remaining claims will be stayed and applicable limitation periods tolled. After those initial cases conclude, the parties will participate in a global mediation. Unresolved claims may then proceed as permitted by the applicable rules, law, or a written agreement of the parties.

Opt out

You may opt out of arbitration by emailing contact@clone.is within 30 days after first accepting these Terms. The notice must include your name, account email, mailing address, telephone number, and a clear statement that you opt out of arbitration. Opting out does not affect the other provisions of these Terms.

Class-action and jury-trial waiver

To the fullest extent permitted by law, each party may bring claims only in its individual capacity, and each party waives participation in a class, collective, consolidated, private-attorney-general, or representative action and waives the right to a jury trial. If a portion of this waiver is unenforceable for a particular claim, that claim will proceed in court after any arbitrable claims are resolved.

Governing law and venue

Delaware law governs these Terms, except to the extent preempted by federal law and without regard to conflict-of-laws rules. A dispute that is not subject to arbitration or eligible for small-claims court must be brought exclusively in the state or federal courts located in New Castle County, Delaware. This Section survives termination of these Terms.

15. General

These Terms and referenced policies are the entire agreement between you and Clone concerning the Services. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver. You may not assign these Terms without Clone's consent. Clone may assign them in connection with a reorganization, merger, acquisition, or sale of assets.

16. Changes to these Terms

Clone may update these Terms as the Services and law evolve. Clone will post the updated Terms, revise the “Last updated” date, and provide additional notice of material changes when reasonably practicable. Continued use after the updated Terms take effect means you accept them.

17. Contact

Questions about these Terms may be sent to contact@clone.is. Privacy, deletion, and security requests should follow the procedures in the Privacy Policy.