Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you ("you" or "Customer") and AlterAim, LLC d/b/a Samurai Clarity ("Company," "we," "us," or "our"), the operator of Samurai Clarity (the "Service"). By creating an account, clicking to accept these Terms, or using the Service in any way, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "Customer" and "you" refer to that entity.

If you do not agree to these Terms, do not access or use the Service.

1. The Service

Samurai Clarity is a software platform that ingests sales call recordings and transcripts from connected third-party sources (currently Fathom, with additional sources planned), analyzes that content using artificial intelligence, and produces scoring, coaching feedback, and related output ("AI Output") based on a scoring framework that Customer configures. The Service is offered on a subscription basis, billed per seat.

We may add, change, suspend, or discontinue any feature of the Service at any time, including features described on our marketing pages as "coming soon." We are not obligated to release any feature we have announced or previewed.

2. Accounts and Eligibility

You must provide accurate registration information and keep it current. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. The Service is intended for business use and is not directed at consumers or at individuals acting outside a business or professional capacity.

If Customer is an agency or reseller that provisions the Service to its own sub-accounts or clients, Customer is solely responsible for those sub-accounts' compliance with these Terms, and Company may treat any act or omission by a sub-account as an act or omission of Customer.

3. Call Recordings, Transcripts, and Your Responsibility for Consent

This is the single most important section of these Terms. Read it carefully.

The Service processes recordings and transcripts of telephone and video calls that Customer or Customer's personnel conduct with third parties (for example, prospects, clients, or other call participants who are not users of the Service). Laws governing the recording of calls and conversations, including two-party and all-party consent ("wiretapping") laws, vary by jurisdiction and can impose civil and criminal liability for recording a call without the required consent of every participant.

Customer is solely and entirely responsible for determining what consents, notices, or disclosures are legally required before recording any call, and for obtaining and documenting every such consent from every call participant, in every jurisdiction in which Customer or its call participants are located, before any recording is made or submitted to the Service. Company has no role in, and takes no responsibility for, the decision to record any call, the method of recording, or the collection of consent. The Service receives recordings and transcripts only after they have already been created by Customer or by a third-party tool Customer has chosen to connect (such as Fathom); Company does not initiate or control any recording.

By submitting or connecting any call recording, transcript, or related content to the Service, Customer represents and warrants that: (a) Customer has obtained every consent and given every notice required by applicable law from every participant in that call; (b) Customer has the legal right to record the call, to transcribe it, and to submit it for processing, analysis, and storage by Company and its subprocessors, including the AI providers described in our Privacy Policy; and (c) Customer's recording and use of the call does not violate any law, regulation, or the rights of any third party.

Company makes no representation, and disclaims any warranty, that use of the Service complies with wiretapping, recording-consent, biometric, or data-protection laws in any jurisdiction. If you are uncertain what consent your business needs to obtain, consult your own legal counsel before recording any call.

4. AI Output Is Not Advice and May Be Wrong

Scores, coaching feedback, summaries, and any other content generated by artificial intelligence within the Service ("AI Output") are produced by third-party large language models and are provided for informational and coaching purposes only. AI Output is generated automatically and can be incomplete, inaccurate, out of context, or simply wrong. AI Output does not constitute legal, financial, employment, or other professional advice.

You are solely responsible for reviewing, verifying, and deciding whether and how to rely on any AI Output. You must not use AI Output as the sole basis for any decision materially affecting a person, including hiring, promotion, discipline, compensation, or termination decisions, without independent human review. Company disclaims all liability for actions taken or not taken in reliance on AI Output.

5. Customer Content

"Customer Content" means all recordings, transcripts, text, data, and other materials that Customer or its users submit to, connect to, or generate through the Service, including AI Output generated from it. As between Company and Customer, Customer retains all right, title, and interest in and to Customer Content.

Customer grants Company a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Customer Content solely to provide, maintain, secure, and improve the Service for Customer, to comply with law, and as otherwise permitted under our Privacy Policy. Company does not sell Customer Content and does not license Customer Content to third parties for their own independent use, except that Company may share Customer Content with subprocessors strictly as needed to operate the Service (see our Privacy Policy for the current list).

Customer represents and warrants that it owns or has all rights necessary to submit Customer Content to the Service and to grant the license above, and that Customer Content does not infringe or violate the rights of any third party.

6. Subscriptions, Fees, and Payment

The Service is billed on a per-seat subscription basis through our payment processor (Stripe). Fees are due in advance for each billing period and, except as required by law or as we expressly state otherwise, are non-refundable. Subscriptions renew automatically at the then-current price for successive billing periods unless cancelled before the renewal date. We may change our prices on notice effective for your next renewal. If a payment fails, we may suspend or limit access to the Service until payment is made. You are responsible for all taxes associated with your purchase other than taxes based on our net income.

7. Acceptable Use

You agree not to, and not to permit any user to:

• Use the Service to record or process any call without all consents required by applicable law;
• Reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service;
• Use the Service to build a competing product or benchmark it for a competitor;
• Upload content that is unlawful, infringing, or that violates the privacy or publicity rights of any person;
• Probe, scan, or test the vulnerability of the Service, or circumvent any rate limit, access control, or security feature;
• Use the Service in violation of any applicable export control, sanctions, or anti-money-laundering law; or
• Resell or provision the Service to a third party except as expressly permitted for agency/reseller sub-accounts under Section 2.

We may suspend access immediately, without notice, if we reasonably believe your use presents a security risk, legal risk, or risk of harm to Company, other customers, or any third party.

8. Third-Party Services

The Service integrates with and depends on third-party services that Company does not control, including call-source tools (such as Fathom), CRM integrations (such as GoHighLevel), AI model providers, payment processing, and infrastructure hosting. Company is not responsible for the availability, accuracy, security, or content of any third-party service, and a change, outage, or discontinuation of a third-party service may affect or interrupt the Service without liability to Company.

9. Intellectual Property

Company and its licensors own all right, title, and interest in the Service, including its software, design, scoring engine, and documentation, excluding Customer Content. No rights are granted to you other than the limited right to access and use the Service during your subscription term in accordance with these Terms. All trademarks, logos, and brand features are the property of their respective owners.

10. Confidentiality

Each party may receive non-public information of the other party that is designated confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party agrees to use the other party's Confidential Information only to perform its obligations under these Terms and to protect it using at least the same degree of care it uses to protect its own confidential information, and no less than reasonable care. This section does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party without confidentiality obligation, or is independently developed.

11. Data Security

We maintain administrative, technical, and physical safeguards designed to protect Customer Content, including tenant-isolation controls at the database layer. No method of transmission or storage is completely secure, and we cannot and do not guarantee that unauthorized access, disclosure, alteration, or loss of data will never occur. You are responsible for maintaining the security of your own account credentials and for any activity that occurs through your account.

12. Term, Suspension, and Termination

These Terms remain in effect for as long as you use the Service. Either party may terminate for the other party's uncured material breach on 30 days' written notice, or immediately if the breach is not curable. We may suspend or terminate your access immediately for non-payment, suspected fraud, security risk, or violation of Section 7 (Acceptable Use). Upon termination, your right to access the Service ends immediately. We will make Customer Content available for export for a limited period following termination (as described in our then-current documentation), after which we may delete it in accordance with our data retention practices. Sections that by their nature should survive termination (including Sections 3 through 6 and 9 through 18) survive termination.

13. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL AI OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR THAT USE OF THE SERVICE WILL COMPLY WITH ANY PARTICULAR LAW APPLICABLE TO YOU.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) COMPANY'S TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE FEES CUSTOMER ACTUALLY PAID TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations apply regardless of the number of claims and even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above limitations may not apply to you to the extent prohibited by law.

15. Indemnification

Customer will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, and expense (including reasonable attorneys' fees) arising out of or related to: (a) Customer Content, including any claim that recording, transcribing, or processing a call violated the rights of, or consent requirements owed to, any call participant or other third party; (b) Customer's or its users' violation of these Terms or applicable law; (c) any decision made or action taken by Customer in reliance on AI Output; or (d) any dispute between Customer and its own customers, employees, contractors, or sub-accounts. Company will provide prompt notice of any such claim and reasonable cooperation, at Customer's expense, and Customer will control the defense and settlement, provided that no settlement that admits fault by Company or imposes non-monetary obligations on Company will be made without Company's prior written consent.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its rules then in effect, conducted in Las Vegas, Nevada, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. Each party may instead bring an individual claim in small claims court if it qualifies. YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. If this class-action waiver is found unenforceable, the remainder of this arbitration section still applies to the extent possible; if the entire arbitration requirement is found unenforceable, the parties consent to the exclusive jurisdiction of the state and federal courts located in Las Vegas, Nevada and waive any objection to venue there.

17. SMS Communications

If you provide a phone number when creating an account, you may opt in to receive text messages from Company at that number. Both text message programs are optional and neither is a condition of creating an account or using the Service.

What we send. The transactional program sends messages about your own account: security alerts such as sign-ins from a new device, workspace and billing notices such as a payment failure or a workspace being suspended, and alerts about work waiting on you in the Service. The separate marketing program, if you opt in to it, sends product announcements, offers, and onboarding tips. We do not send messages on behalf of third parties and we do not text numbers we obtained from anyone but you.

Message frequency varies. Message and data rates may apply. Reply STOP to any text to opt out of that program, or HELP for help. Opting out of marketing messages does not opt you out of transactional account messages, and opting out of either program does not close your account. We may also use the phone number you provide to detect and prevent abuse of free trials, as described in our Privacy Policy.

Carriers. Mobile carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed and depends on your carrier, your device, and your coverage. Message and data rates may apply, and any such charges are between you and your carrier.

18. General

Modifications. We may update these Terms from time to time. If we make a material change, we will provide notice, such as by email or an in-product notice, before the change takes effect. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without consent in connection with a merger, acquisition, or sale of substantially all of our assets.

Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Entire agreement. These Terms, together with our Privacy Policy and any order form or agreement signed by both parties, constitute the entire agreement between you and Company regarding the Service and supersede all prior agreements regarding the same subject matter.

No waiver. A party's failure to enforce any provision is not a waiver of its right to do so later.

Notices. We may provide notices to you via the email associated with your account or through the Service. You may provide notice to us at the contact address in our Privacy Policy.

19. Contact

Questions about these Terms can be sent to support@alteraim.com or (702) 766-3480, or by mail to AlterAim, LLC, 400 South Fourth Street, Suite 540, Las Vegas, NV 89101, United States.