Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you (“Customer,” “you,” or “your”) and Record Technologies, Inc. (“Record,” “we,” “us,” or “our”) governing your access to and use of the Record platform, APIs, tools, documentation, and any related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and Accounts

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. You are responsible for all activity under your account, including maintaining the confidentiality of your credentials and API keys. You must notify us immediately at security@getrecord.ai if you suspect unauthorized access.

2. Use of the Services

Subject to these Terms, Record grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes. You may not:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services.
• Circumvent, disable, or interfere with security features, enforcement gates, governance policies, or access controls.
• Use the Services to develop a competing product or service.
• Use the Services to generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Use the Services to generate malware, phishing content, deepfakes, spam, or any content designed to deceive or harm others.
• Attempt to access another customer's data, agents, or resources.
• Exceed applicable rate limits, usage quotas, or resource allocations.
• Sublicense, resell, or redistribute the Services without written permission.

3. Customer Data and Content

You retain all rights in and to the data, content, configurations, policies, and other materials you submit to the Services (“Customer Data”). You grant Record a limited license to use Customer Data solely to provide and operate the Services on your behalf. We do not use Customer Data to train AI models.

You are solely responsible for the accuracy, legality, and appropriateness of all Customer Data, including ensuring you have all necessary rights, consents, and authorizations to submit such data to the Services. You are responsible for complying with all applicable laws regarding the collection, use, and processing of data through your agents.

4. AI Services and Third-Party Models

The Services integrate with third-party AI model providers selected by you or your organization. You acknowledge and agree that:

• AI model outputs may be inaccurate, incomplete, misleading, or fabricated. You must independently verify all AI outputs before relying on them for any decision.
• AI outputs do not constitute legal, medical, financial, regulatory, or professional advice of any kind.
• You are solely responsible for how you use, distribute, or act upon AI-generated outputs, including any downstream consequences.
• Record does not control third-party AI model behavior, availability, or performance. Model providers may modify, deprecate, or discontinue models without notice.
• You are responsible for configuring appropriate governance policies, enforcement gates, and human approval workflows for your agents.
• The governance and security features provided by Record are tools to assist you. They do not guarantee prevention of all unauthorized, harmful, or unintended agent actions.

5. Fees and Payment

Certain features of the Services require payment. Fees are described in your order form or the pricing page. All fees are non-refundable except as expressly stated. Subscriptions automatically renew unless canceled at least 30 days before the end of the current term. We may change pricing with at least 30 days' advance notice; continued use after a price change constitutes acceptance.

6. Intellectual Property

Record and its licensors retain all rights, title, and interest in the Services, including all software, algorithms, models, documentation, trademarks, and other intellectual property. These Terms do not grant you any rights to Record's intellectual property except the limited license to use the Services.

Neither party claims intellectual property ownership in raw AI model outputs. Customer owns its prompts and input data.

7. Confidentiality

Each party agrees to hold the other party's confidential information in confidence and not disclose it to third parties except as permitted by these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECORD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. RECORD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. RECORD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI MODEL OUTPUTS OR GOVERNANCE DECISIONS. NO ADVICE OR INFORMATION OBTAINED FROM RECORD OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RECORD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF RECORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RECORD'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO RECORD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM YOUR USE OF AI FEATURES, AGENT ACTIONS, GOVERNANCE DECISIONS, AND THIRD-PARTY MODEL OUTPUTS. YOU ACKNOWLEDGE THAT THE FEES REFLECT THIS ALLOCATION OF RISK AND THAT RECORD WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS.

10. Indemnification

You agree to indemnify, defend, and hold harmless Record, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services, including the actions and outputs of your agents.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Customer Data you submit to the Services.
• Any downstream use of AI-generated outputs by you or your end users.
• Your failure to implement appropriate governance policies, human oversight, or safety measures.

11. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Delaware, United States. The arbitrator's decision shall be final and binding.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found unenforceable, the entirety of this arbitration provision shall be void.

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

12. Suspension and Termination

Record may suspend or terminate your access to the Services at any time for violation of these Terms, non-payment, or if required by law. Upon termination, your right to use the Services ceases immediately. Record will make Customer Data available for export for 30 days after termination, after which it may be deleted. Sections 3, 6, 7, 8, 9, 10, 11, and 14 survive termination.

13. Modifications

We may modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email or a prominent notice on the Services. Your continued use of the Services after the effective date of a modification constitutes acceptance. If you do not agree with a modification, you must stop using the Services before the effective date.

14. General

• Governing law: These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.
• Force majeure: Record is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, pandemic, government action, third-party service outages, or AI model provider disruptions.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• Entire agreement: These Terms, together with any order form or DPA, constitute the entire agreement between the parties and supersede all prior agreements.
• Assignment: You may not assign these Terms without Record's written consent. Record may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• No agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
• Export compliance: You are responsible for compliance with all applicable export control and sanctions laws.
• Waiver: Failure to enforce any provision is not a waiver of that or any other provision.

15. Contact

For questions about these Terms, contact us at:

Record AI
Email: legal@getrecord.ai