Terms of Service

1. Description of the Service

The Service provides users with a voice-enabled artificial intelligence assistant designed to help manage personal communications, delegate routine interactions, and reduce interruptions through conversational automation.

The Service is intended for general personal productivity and executive communication assistance. It is not designed, marketed, or intended for use in regulated, professional, or safety-critical environments.

2. Eligibility and Account Responsibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

• You are legally permitted to enter into these Terms
• Any information you provide is accurate and current
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activity that occurs under your account

3. Communications Consent

By using the Service, you consent to receive communications from or on behalf of Before Noon AI, including voice calls, emails, and notifications, as necessary to provide the Service.

You acknowledge and consent that calls placed through or in connection with the Service may be recorded, monitored, and transcribed for quality assurance, service improvement, and to help your Before Noon AI agent perform requested tasks and follow-up work on your behalf.

You acknowledge and agree that:

• Communications may be generated, routed, or handled by automated systems
• Recorded call audio and transcripts may be processed by Before Noon AI and its service providers — including our wearable-capture partner Omi, where you use an Omi device with the Service — to operate and improve the Service
• Standard carrier or messaging fees may apply
• You are responsible for obtaining any required consent from third parties whose communications you route through, capture with, or transcribe using the Service (see Section 3A)
• You may manage communication preferences through the Service where available

3A. Recording, Wiretap, and Consent Laws

The Service — including any ambient or wearable audio capture provided through our partner Omi, and any call recordings or transcripts created or processed in connection with the Service — can result in the recording, interception, transcription, storage, and sharing of conversations between you and other people, including third parties.

Federal and state laws govern when a conversation may be lawfully recorded. The federal Wiretap Act and most U.S. states follow a "one-party consent" rule, meaning at least one party to the conversation must consent to the recording. A smaller group of states — including California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington — generally require "all-party" consent (sometimes called "two-party" consent), meaning every party to the conversation must be informed and must consent before the recording is made. The exact scope of each state's law varies, can change over time, and may apply to conversations with parties located in other states or countries.

YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL FEDERAL, STATE, FOREIGN, AND LOCAL LAWS THAT APPLY TO THE RECORDING, INTERCEPTION, TRANSCRIPTION, STORAGE, OR SHARING OF ANY CONVERSATION YOU CAPTURE, ROUTE, OR PROCESS THROUGH THE SERVICE (INCLUDING THROUGH AN OMI DEVICE OR OTHER WEARABLE OR AMBIENT CAPTURE TOOL). THIS INCLUDES PROVIDING ANY NOTICE AND OBTAINING ANY CONSENT (INCLUDING ONE-PARTY OR ALL-PARTY CONSENT) REQUIRED BY THE LAW OF EACH JURISDICTION WHERE ANY PARTY TO THE CONVERSATION IS LOCATED.

BEFORE NOON AI DOES NOT PROVIDE LEGAL ADVICE ON WHICH CONSENT RULES APPLY TO YOU, DOES NOT DETERMINE WHETHER A PARTICULAR RECORDING IS LAWFUL, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR INFORMING YOU OF THE REQUIREMENTS OF YOUR LOCAL LAWS OR YOUR COMPLIANCE WITH THEM.

You agree not to use the Service to record, intercept, or transcribe any person without first providing all legally required notices and obtaining all legally required consents. You further agree to defend, indemnify, and hold harmless the Company Parties (as defined in Section 14A) from and against any and all claims, damages, losses, and expenses arising out of or related to your failure to do so.

4. Prohibited and Restricted Uses

You agree not to use, and not to permit others to use, the Service for any unlawful, harmful, or inappropriate purpose.

Without limiting the foregoing, the Service may not be used for:

• Medical, clinical, or patient-care purposes
• Diagnosis, treatment, prevention, or management of any disease or health condition
• Healthcare operations, medical practice management, or patient communications
• Use as a substitute for professional medical, legal, financial, or other licensed advice
• Any activity subject to industry-specific regulatory requirements, including but not limited to HIPAA or similar healthcare privacy laws

The Service is not a medical device, is not HIPAA-compliant, and is not intended to process protected health information or other regulated data.

Any use of the Service in prohibited or regulated contexts is at your sole risk and is expressly disclaimed by the Company.

5. AI Limitations and User Responsibility

The Service uses artificial intelligence and automated systems to generate responses and perform actions. Outputs may be incomplete, inaccurate, delayed, or inappropriate for certain situations.

You acknowledge and agree that:

• The Service does not provide professional advice of any kind
• You remain solely responsible for evaluating outputs and making decisions
• The Service is intended to assist, not replace, human judgment
• You should not rely on the Service for decisions involving safety, legal rights, regulated obligations, or high-risk outcomes

You are solely responsible for any actions you authorize or enable through the Service, including any actions taken using credentials, payment details, or access you provide to the Service. Do not provide the Service with Sensitive Information unless you understand and accept the risks of doing so.

6. User Content

You may provide information, instructions, voice inputs, contacts, or other data ("User Content") to the Service.

You retain ownership of your User Content. By using the Service, you grant Before Noon AI a limited, non-exclusive license to process User Content solely to operate, maintain, and improve the Service.

You represent that you have all rights necessary to provide User Content and that such content does not violate any law or third-party rights.

7. Data Handling and Retention

The Service is designed for conversational assistance, not permanent recordkeeping.

You acknowledge that:

• Data retention may be limited or ephemeral
• The Service is not intended for compliance archiving or regulated record-retention obligations
• Data handling practices are described in our Privacy Policy

8. Acceptable Use

You agree not to:

• Interfere with or disrupt the Service
• Reverse engineer or attempt to extract underlying models or systems
• Use the Service to impersonate others without authorization
• Use the Service to harass, deceive, or mislead

We reserve the right to suspend or terminate access for misuse, abuse, or risk-creating behavior.

9. Free Trial, Subscriptions, and Billing

Before Noon AI may offer a free 30-day trial. At the end of the trial period, your access may require a paid subscription.

By subscribing, you agree to:

• Pay all applicable fees disclosed at the time of purchase
• Maintain valid payment information
• Authorize recurring charges where applicable

All fees are non-refundable, except where required by law.

10. Third-Party Services and Integrations

The Service may interact with or rely on third-party services, including but not limited to telecommunications carriers, messaging providers, calendar systems, email services, our wearable and ambient-capture partner Omi (which provides the device, app, and conversation-capture pipeline used by some Before Noon customers and which may process and store audio, transcripts, and related metadata in connection with providing that capability), and other platforms.

Before Noon AI does not control and is not responsible for:

• Availability, reliability, or performance of third-party systems
• Errors, delays, or failures caused by third-party services
• Acts or omissions of telecommunications carriers or platform providers

Your use of third-party services is governed by their respective terms and policies.

10A. Credentials, Payment Information, and High-Risk Instructions

You are solely responsible for any information, credentials, tokens, passwords, payment card details, API keys, account logins, or other sensitive data that you choose to provide to the Service or instruct the Service to use ("Sensitive Information").

You acknowledge and agree that:

• (a) You should not provide Sensitive Information to the Service unless you understand and accept the risks of doing so.
• (b) If you provide Sensitive Information to the Service, you do so at your own risk, and you remain solely responsible for any resulting activity, including any purchases, transfers, messages, access, or changes performed using that Sensitive Information.
• (c) You are responsible for implementing appropriate safeguards, including least-privilege access, access controls, approvals, and monitoring, and for promptly rotating or revoking any Sensitive Information if you suspect compromise.
• (d) Before Noon AI is not responsible for and disclaims liability for any unauthorized transactions, account takeovers, losses, or damages arising from (i) your provision of Sensitive Information to the Service, (ii) your instructions to the Service to access or interact with third-party systems, or (iii) any use or misuse of Sensitive Information by you or anyone acting on your behalf, including your employees, contractors, agents, or end users.
• (e) Without limiting the foregoing, Before Noon AI is not responsible for any claims, chargebacks, disputes, fraud allegations, or losses related to credit card fraud or unauthorized purchases where you (or anyone acting on your behalf) provided card details to the Service or enabled the Service to place purchases, nor for any claims or losses arising from providing credentials to systems that are subsequently disclosed, accessed, or used improperly.

11. Intellectual Property

The Service, including its software, models, designs, branding, and content (excluding User Content), is owned by Before Noon AI and protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

12. Suspension and Termination

We may suspend or terminate your access to the Service at any time if:

• You violate these Terms
• Your use creates legal, technical, or reputational risk
• Required by law or court order

You may stop using the Service at any time.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEFORE NOON AI DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR SUITABLE FOR ANY PARTICULAR USE CASE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEFORE NOON AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BEFORE NOON AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14A. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Before Noon AI, its affiliates, and each of their officers, directors, employees, contractors, agents, licensors, and service providers (collectively, the "Company Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) your access to or use of the Service, including any instructions you provide to the Service;
• (b) your User Content, including any Sensitive Information you provide to the Service;
• (c) your integration of the Service with, or use of the Service in connection with, any third-party products, services, accounts, or systems;
• (d) any actual or alleged violation of law, regulation, or third-party rights by you or by anyone using your account; and
• (e) any actual or alleged unauthorized transactions, chargebacks, fraud claims, credential compromise, data exposure, or misuse of accounts or systems arising from your provision of payment information, credentials, tokens, passwords, API keys, or similar access mechanisms to the Service or your direction that the Service use such information.

This indemnification obligation includes, without limitation, claims brought by third parties (including your customers, end users, employees, contractors, payment processors, financial institutions, merchants, platform providers, regulators, or any other third party) and survives termination of these Terms.

15. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

Any legal action arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Texas, and you consent to personal jurisdiction and venue in such courts.

16. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

17. Contact Information

For questions about these Terms, please contact:

legal@beforenoon.ai

Before Noon AI, LLC