Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Averik, Inc. ("Averik," "we," "us," or "our") governing your access to and use of the Averik website, applications, and services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include both you individually and the organization.

2. Description of Services

Averik provides an AI-powered meeting intelligence platform that enables users to:

• Record audio and video from meetings conducted on various platforms (Zoom, Microsoft Teams, Google Meet, and others)
• Automatically transcribe meeting content using advanced speech-to-text technology
• Analyze meetings using artificial intelligence to generate summaries, extract action items, identify key topics, and provide insights
• Store, organize, search, and share meeting recordings and transcripts
• Integrate with calendar systems (Google Calendar, Microsoft Calendar) to automatically schedule recording bots
• Integrate with CRM, project management, and other business tools to sync meeting data
• Collaborate with team members on meeting content and insights
• Generate reports and analytics on meeting patterns and performance

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

3. User Accounts

3.1 Account Creation

To use our Services, you must create an account by providing accurate and complete information, including your name, email address, company information, and password. You agree to:

• Provide accurate, current, and complete account information
• Maintain and update your information to keep it accurate and current
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By creating an account, you represent and warrant that you meet these requirements.

3.3 Account Types

Averik offers different account types (Individual, Team, Business, Enterprise) with varying features, usage limits, and pricing. Features and limits applicable to your account depend on your subscription plan.

3.4 Organization Accounts

Organization administrators have the ability to manage team members, configure settings, view usage analytics, and access content created by team members within the organization. By joining an organization on Averik, you grant the organization administrator these permissions.

4. Calendar and Meeting Permissions

4.1 Google Calendar Permissions

When you connect your Google Calendar to Averik, you grant us permission to:

• Read calendar events: Access your calendar events to identify scheduled meetings, extract meeting details (title, time, duration, participants), and retrieve video conference links (Zoom, Teams, Meet URLs)
• Add events: Add the Averik recording bot as a participant to calendar events when you enable automatic recording or use our scheduling features
• Receive event notifications: Get notified when events are created, modified, or cancelled to keep our bot scheduling synchronized

Why we need these permissions:

• To automatically detect meetings that should be recorded based on your preferences
• To extract meeting join URLs without manual input
• To add our recording bot to meetings at the appropriate time
• To keep meeting metadata synchronized with recordings
• To provide a seamless, automated recording experience

4.2 Microsoft Calendar Permissions

When you connect your Microsoft Calendar (Outlook/Office 365) to Averik, you grant us similar permissions:

• Read calendars: Access calendar events to identify meetings and extract meeting details
• Read and write calendar events: Add the Averik bot to calendar events and update event metadata
• Read user profile: Access basic profile information to associate calendar events with your Averik account

4.3 How We Use Calendar Data

Calendar data is used exclusively for the purpose of providing automated meeting recording services. Specifically, we use calendar data to:

• Identify meetings you want to record
• Schedule our recording bot to join meetings at the correct time
• Associate recordings with meeting metadata
• Provide you with a seamless meeting management experience
• Send reminders and notifications about upcoming recordings

We do NOT:

• Access personal calendar events unrelated to video conference meetings
• Share your calendar data with third parties (except as required to provide Services)
• Use calendar data for advertising or marketing
• Process calendar events that don't contain video conference meeting links

4.4 Revoking Calendar Permissions

You can revoke calendar permissions at any time by:

• Disconnecting the integration from your Averik account settings
• Revoking access through your Google Account or Microsoft Account permission settings

Revoking calendar access will stop automatic bot scheduling, but will not delete previously recorded meetings or data.

4.5 Meeting Platform Access

When our recording bot joins meetings on Zoom, Microsoft Teams, Google Meet, or other platforms, the bot operates as a participant with the following capabilities:

• Receive audio and video streams from the meeting
• Record audio and video content
• Announce its presence (customizable)
• Interact with meeting features (muting, screen sharing, etc.) as permitted

The bot does not have the ability to control meetings, remove participants, or access features beyond standard participant permissions unless granted by a meeting host.

5. Recording Consent and Compliance

5.1 Your Consent Obligations

By using Averik's recording features, you represent and warrant that:

• You have the legal right and authority to record the meetings you record
• You will obtain all necessary consents from meeting participants as required by applicable law
• You understand and comply with recording consent laws in your jurisdiction and the jurisdictions of all meeting participants
• You will clearly inform participants that meetings are being recorded
• You will respect participants' rights to decline to be recorded and will stop recording if required by law or participant request

5.2 Consent Law Variations

Recording consent requirements vary by location. Some examples include:

• One-party consent jurisdictions: Only one party (which can be you) needs to consent to the recording
• Two-party/all-party consent jurisdictions: All parties to the conversation must consent to recording (e.g., California, Florida, Pennsylvania, and others in the United States)
• International variations: GDPR and other international laws may impose additional requirements

You are solely responsible for understanding and complying with applicable laws. Averik provides tools to assist with compliance but does not provide legal advice.

5.3 Consent Notification Features

Averik provides features to help you notify participants:

• Automatic bot announcements when joining meetings (customizable)
• Visual recording indicators in meeting metadata
• Consent collection workflows for your organization
• Email notifications to participants informing them of recording policies

However, these features are tools to assist you and do not guarantee legal compliance. You remain solely responsible for ensuring compliance.

5.4 Business Purpose and Data Usage

Meeting recordings should be used for legitimate business purposes, such as:

• Training and quality assurance
• Note-taking and documentation
• Sales process improvement
• Customer support analysis
• Recruitment and interview documentation

You may not use recordings for illegal purposes, harassment, surveillance without consent, or any purpose that violates participant privacy rights or applicable laws.

6. Acceptable Use Policy

6.1 Permitted Uses

You may use the Services for lawful business purposes, including:

• Recording and analyzing sales calls, customer meetings, and interviews
• Improving team collaboration and knowledge sharing
• Training and coaching team members
• Documenting business decisions and action items
• Integrating with your business tools and workflows

6.2 Prohibited Uses

You may NOT use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Record meetings without proper consent from participants where required by law
• Infringe on intellectual property rights, privacy rights, or other rights of others
• Transmit or store malicious code, viruses, or harmful materials
• Attempt to gain unauthorized access to the Services or other user accounts
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Use the Services for surveillance, stalking, harassment, or intimidation
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems (bots, scrapers, etc.) to access the Services without authorization
• Reverse engineer, decompile, or attempt to extract source code from the Services
• Resell, redistribute, or sublicense the Services without written permission
• Use the Services to create a competing product or service
• Upload or transmit content that is illegal, obscene, threatening, defamatory, or otherwise objectionable
• Bypass or circumvent usage limits, rate limits, or access controls

6.3 Enforcement

We reserve the right to investigate violations of these Terms and take appropriate action, including:

• Removing content that violates these Terms
• Suspending or terminating accounts
• Reporting illegal activity to law enforcement
• Taking legal action to protect our rights and users

7. Subscription and Payment

7.1 Pricing and Plans

Averik offers various subscription plans with different features, usage limits, and pricing. Current pricing is available on our website. We reserve the right to change pricing with 30 days' notice to existing subscribers.

7.2 Free Trials

We may offer free trials for new users. Free trials are subject to the terms specified at the time of signup. We may require payment information to activate a free trial, and you will be charged automatically when the trial ends unless you cancel before that time.

7.3 Billing and Payments

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is due at the beginning of each billing period
• You authorize us to charge your payment method on file for all fees
• All fees are non-refundable except as required by law or expressly stated in these Terms
• You are responsible for all taxes associated with your subscription

7.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan.

7.5 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will continue to have access to paid features until the end of the billing period, after which your account will revert to a free plan (if available) or be deactivated.

7.6 Failed Payments

If payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your account after reasonable notice.

7.7 Usage Limits

Each subscription plan includes specific usage limits (e.g., number of recording hours, storage capacity, number of users). If you exceed these limits, we may charge overage fees, upgrade you to a higher plan, or temporarily restrict your usage until the next billing period.

8. Intellectual Property

8.1 Our Intellectual Property

The Services, including all software, technology, content, design, trademarks, logos, and other materials provided by Averik, are owned by Averik or our licensors and are protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited license to use the Services as described herein.

8.2 Your Content

You retain ownership of all meeting recordings, transcripts, comments, and other content you create or upload using the Services ("Your Content"). By using the Services, you grant Averik a limited, non-exclusive, worldwide license to:

• Store, process, and transmit Your Content to provide the Services
• Use AI and machine learning to analyze and generate insights from Your Content
• Create backup copies and derivatives necessary to operate the Services
• Display Your Content to you and users you authorize within your organization

This license terminates when you delete Your Content from the Services, except for backup copies retained according to our retention policies.

8.3 Feedback

If you provide feedback, suggestions, or ideas to Averik about the Services, you grant us a perpetual, irrevocable, worldwide license to use and incorporate such feedback into our Services without compensation to you.

8.4 AI Training

We may use aggregated, anonymized data from the Services to improve our AI models, transcription accuracy, and overall service quality. We do not use your specific meeting content to train models that serve other customers without your explicit consent.

9. Data and Privacy

9.1 Privacy Policy

Our Privacy Policy describes how we collect, use, and protect your personal information. By using the Services, you agree to our Privacy Policy.

9.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, no system is completely secure, and we cannot guarantee absolute security.

9.3 Data Location

Your data is stored in secure data centers operated by Microsoft Azure, primarily in the United States and Europe. By using the Services, you consent to the storage and processing of your data in these locations.

9.4 Your Data Responsibilities

You are responsible for:

• Maintaining appropriate security for your account credentials
• Ensuring you have rights to record and process all meeting content
• Complying with privacy laws and regulations applicable to your data
• Implementing appropriate data retention and deletion policies
• Managing access controls for users in your organization

9.5 Data Portability and Deletion

You can export your meeting recordings, transcripts, and account data at any time from your account dashboard. You can also delete individual recordings or your entire account. Upon account deletion, we will delete or anonymize your data within 90 days, except where retention is required by law.

10. Termination

10.1 Termination by You

You may terminate your account at any time by accessing your account settings and following the account deletion process. Termination takes effect immediately, but you will retain access to paid features until the end of your current billing period.

10.2 Termination by Averik

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails and is not resolved within a reasonable time
• Your use of the Services poses a security risk
• We are required to do so by law
• We decide to discontinue the Services (with reasonable notice)

10.3 Effect of Termination

Upon termination:

• Your access to the Services will be terminated immediately
• You will no longer be able to access Your Content
• We will delete Your Content according to our deletion policies
• Provisions of these Terms that by their nature should survive will continue to apply (including IP rights, disclaimers, limitations of liability, and dispute resolution)

10.4 Data Retrieval

You have 30 days after termination to retrieve Your Content by contacting our support team. After 30 days, Your Content may be permanently deleted.

11. Warranties and Disclaimers

11.1 Service Availability

We strive to provide a reliable service but do not guarantee uninterrupted or error-free access. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

11.2 Accuracy of AI-Generated Content

Our AI-powered features (transcription, summarization, analysis) are provided to assist you, but they may not always be accurate. You are responsible for reviewing and verifying AI-generated content before relying on it for business decisions.

11.3 Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

IN NO EVENT SHALL AVERIK'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AVERIK IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

13. Indemnification

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

• Your use of the Services
• Your Content
• Your violation of these Terms
• Your violation of any rights of another person or entity, including privacy rights and intellectual property rights
• Your failure to obtain proper consent to record meetings
• Any claim that Your Content caused damage to a third party

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law principles.

14.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted in [Your City, State], and judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

YOU AND AVERIK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the infringement of intellectual property rights.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and Averik regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

15.7 U.S. Government Users

If you are a U.S. government entity, the Services are "Commercial Items" as defined in FAR 2.101, and you have only those rights specified in these Terms.

16. Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered email address
• Displaying a prominent notice in the application

The updated Terms will be effective 30 days after notification for material changes, or immediately for non-material changes. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may terminate your account.

17. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

Averik, Inc.
Email: hello@averik.online
Support: hello@averik.online
Mailing Address:
Averik, Inc.
Legal Department
Naveen homes, KSR enclave, Miyapur
Hyderabad 500050, India

18. Acknowledgment

By using Averik, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have read and understood our Privacy Policy.

Thank you for using Averik! We're committed to providing you with a powerful, reliable, and user-friendly meeting intelligence platform.